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I will be taking the perspective of a high school professional school counselor at Caldwell High School. This legal guide padlet may be used by other secondary level professional school counselors on the educator's duty to report in relation to student suicide ideation and suspected maltreatment.

I chose this topic as there has been significant increases in cases of child maltreatment on top of the fact that suicide is the second leading cause of death among adolescents (Center for Disease Control and Prevention, 2021). The numbers of cases where a child received a response from CPS due to maltreatment had risen by 8.4% over a period of four years (U.S. Department of Health and Human Services, 2018). Given these data, it is important for school counselors to be aware of their legal and ethical obligations to protect their students.

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1. Importance of Topic to field of school counselors - As educators, it is not our responsibility to investigate what is happening at home, but it is an ethical standard for school counselors and other educators to ensure student safety as much as they are able within the scope of their responsibilities. In an effort to keep students safe but without the capabilities to ensure home safety on our own, there is a necessity for educators to reach out to other agencies who do have the ability to assist our students with safety in the home. Most importantly, legal requirements state that as educators, we are mandatory reports, which comes with consequences when we do not adhere to those mandates.
2. Best practices related to duty to report -
* Complete online reports whenever possible, unless a student is in an immediate danger. Online reports will give you confirmations and will give you the option to receive follow-up emails on case.
* Always complete the report before you go home that day. This ensures that you will complete it in a timely manner to fulfill your legal responsibility of reporting within 48 hours.
* Advise any teacher who comes to you about a situation that needs to be reported to complete their own report. Never accept that responsibility.
3. Emerging issues related to duty to report - With students not being at school due to the option of at-home learning, the percentages of reports made to local agencies has decreased significantly. However, we know that the abuse and neglect is not stopping just because the reports have decreased. As mandatory reporters, professional school counselors have a duty to our students to observe, assess and report when necessary (American School Counselor Association, 2016). However, with many students staying at home, counselors do not have as much direct contact with students so it is important for school counselors and other educators to find ways to keep these students safe through virtually connecting with them.
4. Interviewee: Ashley Zboril, high school counselor at Caldwell High School in Caldwell, TX. (https://hs.caldwellschools.net/)

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The following resource comes from the American School Counselors Association for the purpose of informing professional school counselors of the appropriate ethical responses to claims of suicide ideation and child abuse. The article discusses laws related to reporting of both suicide ideation and suspected child abuse. According to ASCA, professional school counselors cannot afford to treat reporting suicide ideation or child abuse as a discretionary duty but rather it should be seen as an absolute duty.

Citation:
Stone, C. (2018). Suicide and child abuse reporting. https://www.ascaschoolcounselor-digital.org/ascaschoolcounselor/july_august_2018/MobilePagedArticle.action?articleId=1410649#articleId1410649

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Scenario: A colleague asks you to talk to one of her students whose English journal describes disturbing suicidal ideation. William writes about needing

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Summary:
- Eight-year old student committed suicide after numerous incidents of bullying from other students at school
- Reports were made to educators and other staff members but these reports were not followed-up on by staff members.
- Student's family filed a lawsuit against school and staff members for failure to follow up with the claims.
- Federal court ruled that the lawsuit could proceed against the school staff

Implications for School Counselor:
* School counselors must act in the scope of their responsibility in order to receive immunity in cases of failure to report. However, if the school counselor does not act in a manner to protect students by reporting, immunity will not be granted by the court.

Citation:
Walsh, M. (2020, December 30).
Federal Appeals Court Lets Lawsuit Proceed Against Educators in Student’s Suicide.
https://www.edweek.org/policy-politics/federal-appeals-court-lets-lawsuit-proceed-against-educators-in-students-suicide/2020/12

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A federal appeals court has allowed a wrongful death lawsuit brought by the parents of an 8-year-old Cincinnati boy who committed suicide after alleged severe bullying at school to proceed against two school administrators.

A unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, rejected a request by the former principal and assistant principal to throw out state-law claims that they acted recklessly in handling persistent bullying of Carson Elementary School student Gabriel Taye and allegedly failing to inform his parents about several incidents.

Taye hung himself with a necktie in his bedroom on Jan. 26, 2017, two days after a student had knocked him unconscious in a school bathroom in the most serious of a pattern of bullying incidents.

The lawsuit by the parents, Cornelia Reynolds and Benyam Tate, alleges that then-Principal Ruthenia Jackson and then-Assistant Principal Jeffrey McKenzie did not tell Taye's mother that a student had attacked him in the school bathroom. The suit also alleges that McKenzie stood over Taye but did not aid him or call 911, as district policy required when a student was unconscious for longer than a minute.

A school nurse called Taye's mother and said he had fainted, court papers say. Taye stayed home from school the next day, then was bullied again in the school bathroom when he returned the following day, the same day he committed suicide.

The 6th Circuit court, in its Dec. 29 decision in Meyers v. Cincinnati Board of Education, said the parents have sufficiently alleged that Jackson and McKenzie "failed to call 911 when Taye was unconscious for seven minutes after being knocked to the floor in the bathroom."

"They reported false information about the number of 'bullying instances' that occurred as required by Ohio law, and ultimately, prevented Taye's parents from fully understanding Taye's horrifying experience at Carson Elementary until it was too late," the 6th Circuit panel added. "This court finds their behavior, as alleged, to be egregious and clearly reckless, thus barring them from the shield of government immunity."

Federal and State Claims

Taye's parents, as well as the boy's estate, sued the Cincinnati school system along with some other individual defendants on federal civil-rights claims as well as state torts such as wrongful death, intentional infliction of serious emotional distress, and others.

Jackson and McKenzie sought to have the suit dismissed on the basis of state governmental immunity. In court papers, the two administrators deny that there was bullying at Carson Elementary and that Taye's suicide was not forseeable.

A federal district court rejected their motion to dismiss. The Cincinnati Board of Education and other defendants have raised similar defenses to the lawsuit's federal claims, but those were not at issue in this appeal.

The 6th Circuit's opinion describes in detail the pattern of bullying faced by Taye since he was in 1st grade and the alleged failures by school administrators to respond adequately or keep his parents informed.

The administrators "could have asked teachers to supervise the student bathrooms or limited the number of students allowed to use the bathroom at one time," the court said. "Instead, Jackson and McKenzie allowed the boys' bathroom to remain unsupervised. Jackson and McKenzie's behavior shows their failure to take this situation seriously and exemplifies the very definition of recklessness: they consciously disregarded the known or obvious risk of harm that students would engage in violent behavior in the unsupervised bathroom, and that disregard was unreasonable in light of the attack that took place there."

As to the administrators' argument that Taye's suicide was not foreseeable, the 6th Circuit panel said that assertion was undercut by a 2017 decision of their court. In that decision, Tumminello v. Father Ryan High School, a different 6th Circuit panel had written that "if a school is aware of a student being bullied but does nothing to prevent the bullying, it is reasonably foreseeable that the victim of the bullying might resort to self-harm, even suicide."

In Taye's case, the 6th Circuit said Jackson and McKenzie "knew the full extent to which Taye was subjected to aggression and violence by his classmates. ... [T]hey knew Taye was harassed and bullied at school and that a risk of bullying is suicide, and yet they utterly failed to take reasonable steps to protect Taye from that risk."

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Federal Appeals Court Lets Lawsuit Proceed Against Educators in Student's Suicide

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A federal appeals court has allowed a wrongful death lawsuit brought by the parents of an 8-year-old Cincinnati boy who committed suicide after alleged severe bullying at school to proceed against two school administrators. A unanimous three-judge panel of the U.S.

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Summary:
- Students reported sexual abuse by teacher to administrative staff, counselors, and other staff.
- Students claim that reports were ignored and staff neglected to make mandatory report to CPS.
- Students' families filed lawsuit against school and school staff, including counselor, for failure to report abuse.

Implication for School Counselor:
* As mandatory reporters, school counselors cannot ignore reports of abuse and must report to appropriate agencies for the safety of students.

Citation:
Walsh, A. (2021, February 4).

Lawsuit: Millbrae teacher sexually assaulted students. https://www.smdailyjournal.com/news/local/lawsuit-millbrae-teacher-sexually-assaulted-students/article_b033200c-66a1-11eb-b535-13169e829aa9.html

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A former Millbrae middle school teacher who sexually assaulted, molested and groomed students for further predatory behavior was allowed to continue harassing minors because administrators ignored reports of her misconduct, according to a lawsuit filed in county Superior Court.

Former math and Spanish teacher Ethel Molina repeatedly groped, touched and harassed students at Taylor Middle School during the 2013-14 school year, said the lawsuit filed Monday, Feb. 1.

The crimes were reported to administrators at the school, and subsequent interviews with students yielded no intervention by school staff, according to the lawsuit additionally claiming the incidents were not reported to law enforcement.

"The school did absolutely nothing about plaintiffs' reports of sexual abuse. Instead, they allowed Ms. Molina to remain employed at Taylor Middle School for the remainder of the school year - further victimizing and traumatizing plaintiffs and the other victims," said the lawsuit.

Debbie French, superintendent of the Millbrae Elementary School, said the district has not been served the lawsuit and does not comment publicly on pending litigation.

But she committed to a prompt and thorough investigation, with an intent to protect the health and safety of district students.

"Millbrae school district is deeply committed to fostering positive learning environments, preparing our students for success and ensuring the safety, security and well-being of all students entrusted to our care. We do not tolerate any behavior that undermines those values," she said in an email.

French was hired as the district's chief administrator last year. The crime was alleged to have been committed during the tenure of former superintendent Linda Luna, who resigned in 2015 to take a similar position with the Washington Unified School District in Sacramento.

When the students allegedly notified school staff, rather than report the incidents to police, the lawsuit said students were given the choice of telling their parents or having the school make the call. While most of the girls are believed to have kept the information to themselves due to shame or embarrassment, the lawsuit alleged administrators contacted one of the plaintiffs' parents and committed to handling the reports appropriately - but those promises were not fulfilled.

"By failing to report the abuse to a local law enforcement agency, sheriff's department, child welfare agency and/or the victims' parents, defendants made a concerted effort to hide evidence and information relating to the childhood sexual assaults that occurred at Taylor Middle School," said the lawsuit.

While the plaintiffs were in seventh grade, Molina would request the students stay behind after class to perform menial tasks while the teacher would repeatedly touch, harass and molest them, according to the lawsuit. The physical assaults also occurred while class was in session, and Molina would verbally harass the students as well, said the lawsuit.

The lawsuit further alleged Molina was motivated to assault the students because she was aware of their sensitivities and hoped to groom them for inappropriate relationships.

"Ms. Molina was very friendly with plaintiffs, all in a calculated plan to abuse them to satisfy her own sexual deviancies. Ms. Molina knew that as young twelve or thirteen year old girls, like many teen girls, plaintiffs could be easily manipulated by an adult in a position of authority," said the lawsuit.

Allegations of sexual assault by a teacher at Taylor Middle School are not unique. Former English and drama teacher Heather Amanda Butts was arrested in August 2016 on suspicion of having an inappropriate relationship with a 15-year-old high school student. The girl was 13 when the relationship began, prosecutors said.

Butts, who changed her surname to Wilson after the arrest, was ultimately sentenced to 120 days in jail and three years' probation. She was also mandated to register as a sex offender.

Regarding the Molina case, the lawsuit said the victims suffered "extreme mental anguish and have been permanently scarred," and the plaintiffs are seeking unnamed damages for past and future medical and psychological treatment, as well as mental, emotional and physical anguish plus lost wages as well as other assorted expenses.

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Lawsuit: Millbrae teacher sexually assaulted students

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A former Millbrae middle school teacher who sexually assaulted, molested and groomed students for further predatory behavior was allowed to continue harassing minors because administrators ignored reports of her misconduct, according to a lawsuit filed in county Superior Court.

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Federal Constitutional Law:

14th Amendment of the United States Constitution ( U.S. Const. amend. XIV, § 1)

*guarantees all US Citizens equal protection of the laws.
*sets the stage for states to interpret equal protection of the laws as they extend to protecting children as US citizens.
Link: https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-15.pdf
Reference:
U.S. Const. amend. XIV, § 1.

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State Statutory Law:
Family Code § 261.101 (b)
*states that any professional who has cause to believe that a child's physical or mental health or welfare has been affected by abuse or neglect shall immediately make a report
Link: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Federal Statutory Law:
18 U.S.C. §1169(b)
* states that a person who knowingly fails to make a report commits a class A misdemeanor
Link: https://www.law.cornell.edu/uscode/text/18/1169

**both laws require the professional, including professional school counselors, to make a report if they become aware of maltreatment of a student or in the event that a student is in physical or mental danger.

References:
18 U.S.C. §1169(b)
Family Code § 261.101(b)

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8. Judicial Law related to Duty to Report

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8. Judicial Law related to Duty to Report

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In Watson v County of Santa Clara (2007), the United States District Court rule that:
* mandatory reporters have absolute immunity when making a report in good faith

Implications: the ruling in this case confirms that professionals who are obligated under the law as mandatory reporters will be granted immunity under state and federal mandatory reporter laws

Link: https://1-next-westlaw-com.easydb.angelo.edu/Document/Ia8dc6b099d0011dbab489133ffb377e0/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad6ad3e00000177ca6afb7071b76768%3FpcidPrev%3D46d329cf775743d8b6dfa38121e7c26e%26Nav%3DCASE%26fragmentIdentifier%3DIa8dc6b099d0011dbab489133ffb377e0%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=25aa1dc974f18e9ce5eefc587e67a0d6&list=CASE&rank=1&sessionScopeId=46c1972b72d8bc127f17d6a10106a0bd42a3fb95d70a982fa6486cafdbaa7976&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29

Reference:
Watson v County of Santa Clara, 468 F.Supp.2d 1150 (N.D. Cal. 2007)

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Federal Administrative Law:

Child abuse reporting (34 U.S. Code § 20341)

*law states that a person who is acting in a professional manner who learns of circumstances that give rise to concern of maltreatment of a child, must report the incident to the designated agency (DFPS)
*law designates that teachers, school administrators, and school counselors are in the group of covered professionals.
*guarantees immunity from civil or criminal liability for individuals making reports in good faith

Link: https://www.law.cornell.edu/uscode/text/34/20341

Reference:
34 U.S. Code § 20341

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The Caldwell Independent School District board policy manual includes student welfare policy, which requires that any district employee who suspects a child's physical or mental health or welfare has been adversely affected by neglect or abuse must file an oral or written report within 48 hours of learning the facts that gave concern (Caldwell Independent School District, 2020).

Link:https://pol.tasb.org/Policy/Download/240?filename=FFG(LOCAL).html&title=STUDENT%20WELFARE&subtitle=CHILD%20ABUSE%20AND%20NEGLECT

Reference:
Caldwell Independent School District (2020, July 20). Board Policy Manual, Student Welfare, Child Abuse and Neglect. https://pol.tasb.org/Policy/Download/240?filename=FFG(LOCAL).html&title=STUDENT%20WELFARE&subtitle=CHILD%20ABUSE%20AND%20NEGLECT

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A professional school counselor's duty to report is included in the American School Counselor Association's Ethical Standards for School Counselors under Bullying, Harassment, and Child Abuse, section A.11, which states that school counselors:
* will report suspected cases of child abuse to appropriate authorities
* will stay up-to-date with current state laws and school procedures for reporting suspected child abuse
* will maintain expertise and advocate for training of staff on identifying signs of neglect and abuse

Link: https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Reference:
American School Counselor Association. (2016).  ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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My personal understanding of the legal aspects of an educator's duty to report was fairly superficial for my initial years as an educator in that I knew that I needed to report but I did not fully grasp the severity of the issue. This changed when the family of a former student filed a lawsuit against some high school administrators and a couple of the high school teachers she had at the time over failure to report. The news stories that followed along with the more in-depth trainings we received as a result prompted me to seek to understand the legal aspects more clearly. While immunity was eventually granted for the school staff for acting within the scope of their responsibilities, the culminating traumatic event that the student faced pushed me to examine my knowledge of the legal requirements and my understanding of signs and symptoms of abuse/neglect so that I would be able to assist my students to the best of my abilities.

After this event, the way I approached my interactions with my students has become more intentional. Seeing the outcome for this students made me fearful for my students, not knowing what was happening with them in their homes. As a result, I have begun to focus more on their comments and look for anything that might be cause for concern. In doing so, I have found that more students struggle with heavy burdens than most expect. The previously mentioned case also gives rise to fears for myself in regards to liability for failure to report or an undesirable outcome if my report is wrong. The laws regarding duty to report allow me to protect my students without fear of civil or criminal liability when I am acting in good faith within the scope of my responsibilities (Family Code 261.106). Therefore, any fears I may have regarding my duty to report are relieved through the law. As a school counselor, the likelihood of my students confiding in me will increase significantly, and I will be expected to report any circumstances that give rise to concern so it is important for me to remain knowledgeable about the current state laws and maintain expertise on indicators of abuse, neglect, and self harm (American School Counselor Association, 2016).

References:
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Family Code 261.106

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* Be approachable and personable so students feel comfortable coming to you when they are facing a difficult situation (Stop It Now!, 2020)
* Always make a report if you suspect abuse, neglect or self-harm within 48 hours as you are legally required to do so. Student safety is more important than your comfort level (Family Code § 261.101(b)).
* Educators should keep documentation of circumstances that give rise to student safety concerns.
* School counselors should advocate for the creation of  and/or create your own annual training for staff on legal responsibility to report as well as tips on identifying abuse, neglect, and self-harm and how to make a report (American School Counselor Association, 2016).
* Ensure easy access to state and local policies on legal and ethical requirements to report claims of abuse, neglect, and/or self-harm.
* School Counselors should provide appropriate counseling services for victims such as safety plans, schedule changes if necessary, and accommodations (American School Counselor Association, 2016).
* Stay up-to-date on current laws and policies on duty to report (American School Counselor Association, 2016).
* Stay familiar with how to identify signs of abuse, neglect and self-harm (American School Counselor Association, 2016).
* It is important for counselors to follow-up on any teacher/staff concerns that are reported to them, and encourage those staff members to make their own report when necessary.

References:
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Family Code § 261.101(b)
Stop It Now! (2016). Tip Sheet: Talking To Children And Teens. https://www.stopitnow.org/ohc-content/talking-to-children-and-teens