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The topic of this legal guide is working with students who are suicidal. The targeted audience is school counselors. I am placing information on the slides from the perspective of a school counselor that can assist other counselors in working with students who are suicidal. I chose this topic due to the growing number of mental health issues in school aged children. I believe this is an important topic to be familiar on in case presented with a suicidal student.

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With mental health issues growing in younger students it is imperative that school counselors stay up to date with the latest information about working with suicidal students. Counselors need to know signs to watch for and steps on what to do if a student is suicidal. School counselors also need to know their legal liability when it comes to working with students who express suicidal ideation. This legal guide presents multiple examples and scenarios of what a school counselor should do when confronted with a student contemplating suicide.

School counselors should be on the look out for any signs that students may present that indicate that a student is in distress. Counselors can look for curriculum or peers groups to help address the situation before it is too late. It is important for counselors to stay aware of the latest mental health numbers and causes of student suicide so that they are able to address issues in school.

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Citation: School Counselor (2019). Model school district policy on suicide prevention. p. 1-33.
Link: https://www.schoolcounselor.org/getmedia/9b28c170-607a-428f-9dae-619850fa531b/Model-School-District-Policy-Suicide-Prevention.pdf

This publication is aimed to give school districts a model policy for working with suicidal students. This policy helps school counselors, and those working closely with students, to assess the risk of, intervene in, and respond to suicide.

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Citation:
Dodd, J. (2019). Teens saving teen preventing youth suicides. People, 92(1), 104–107.

This article describes how one principal in Utah created a teen group called Hope Squad that helps students detect the signs of a friend in need of help.

The Hope Squad is trained to tell an adult if they hear someone express the idea of end their life.

The creator, Greg Hudnall, now travels the country, training schools on how to implement Hope Squad on their campus.

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Citation:
Underwood, J. (2019). Student suicide and school liability. Phi Delta Kappan, 101(3), 64–65. https://doi-org.easydb.angelo.edu/10.1177/0031721719885926

This article provides examples of how a school and school counselor could be found liable if a student were to commit suicide.

The article gives examples of court cases brought upon school districts and school counselors from students who have acted on their thoughts of suicide.

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Slide 6: 14th Amendment- Constitutional Law

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Slide 6: 14th Amendment- Constitutional Law

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Citation: U.S. Const. amend. XIV

https://constitution.congress.gov/browse/amendment-14/section-1/ - :~:text=No State shall make or,equal protection of the laws.

Under the 14th Amendment, students cannot be denied equal protection of the laws.

When working with students who may be suicidal, school counselors need to ensure that they are protecting the student. This includes informing parents/guardians, if in immediate threat, work with local authorities, develop a plan of action at school on how to best support the student.

Students who are suicidal are still protected under law and have the same rights as all other students on campus.

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Slide 10: Katy Independent School District, Secondary Student Handbook: Local Law

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Slide 10: Katy Independent School District, Secondary Student Handbook: Local Law

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Citation: Katy Independent School District (2020). Secondary student handbook. p. 22.

https://www.katyisd.org/Documents/Secondary_Student_Handbook.pdf

The handbook addresses the role of a school counselor at the secondary level in Katy ISD. School counselors are responsible for guiding students with academics and social and emotional support. This includes consulting, when needed with school staff, and parents or guardians. Students and parents may make request to speak with the counselor.

I believe this is beneficial because at the secondary level so much is focused on graduation that a lot of times the social and emotional needs can be passed over. It is imperative that school counselors are still providing student social and emotional support services when needed. It is also important to speak with parents or guardians when topics such as suicide are brought to the counselor’s attention.

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Slide 8: Eisel v. Montgomery County Board of Education: Judicial Law

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Slide 8: Eisel v. Montgomery County Board of Education: Judicial Law

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Citation: Eisel v. Mongtomery County Board of Education, 324 Md. 376 (1991)

https://www.casemine.com/judgement/us/5914bf6aadd7b049347ade8e

In this court case, two school counselors were named in a lawsuit brought on by a student’s parents. It had been reported to one school counselor that one of her student’s, Nicole Eisel, had told several friends her plan to commit suicide. The counselor then reported this information to Eisel’s school counselor. The counselors questioned Eisel and she denied making any of those statements. The counselors did not notify her parents or school administrators and Eisel, with another friend, went to a local park and followed through with their suicide pact.

School counselors are to protect their students to the best of their abilities. Counselors must report if a student has mentioned the act of self-harm. In this situation, if the counselors had reported their discoveries to the parents, Eisel and her friend may have been saved from suicide.

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Slide 9: 25 Texas Administrative Code § 404.154: Administrative Law

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Slide 9: 25 Texas Administrative Code § 404.154: Administrative Law

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Citation: Health Services, 25 Tex. Admin. Code § 404.154

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=404&rl=154

The basis of this administrative law is to grant patients receiving mental health services rights that are guaranteed by the constitutions of the United States and Texas.

Knowing this law would be beneficial for a school counselor because when they are working with parents on providing a list of community resources, the counselor would be able to inform parents of the rights of seeking mental health services for their child.

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Slide 7: Texas Education Code § 33.006- Statutory Law

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Slide 7: Texas Education Code § 33.006- Statutory Law

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Citation: School Counselors; General Duties, Tex. Educ. Code § 33.006

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm#33.007

Section 33.006 under the Texas Education Code for School Counselors states that school counselors are to work with students to develop their educational, career, personal, and social and emotion development. This law also states that counselors are required to consult with a student’s parents or guardians to make referrals, if necessary, to the parents or guardians.

This law proves to be important because as counselors, if we are told by a student that they are experiencing thoughts of suicide, it is our duty to report this to their parents or guardians. Working with the parents or guardians, the school counselor would be able to provide a list of local providers if the parent wishes to have their child seek outside help.

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Citation: American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Link: https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
ASCA Code of Ethics: A.6.a
The code states that school counselors must collaborate with relevant stakeholders, including, students, educators, parents/guardians when students are in need. This includes any early warning signs of a student in distress.

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Citation: Poland, S. & Poland, D. (2015). Texas suicide safer schools. Texas Department of State Health Services and Mental Health America of Texas. Retrieved from http://www.texassuicideprevention.org/wp-content/uploads/2015/08/2015-SuicideSaferSchools-FINAL-8.10.15.pdf
Link: http://www.texassuicideprevention.org/wp-content/uploads/2015/08/2015-SuicideSaferSchools-FINAL-8.10.15.pdf

This report is to help educators to know the statistics on youth suicide and how they can help assist students who are in need.

The report wants to provide support for increasing suicide awareness and protective factors, build resilience in students, and most importantly be able to intervene and get students the help they need when they are suicidal.

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Most importantly, school counselors are required to report information to parents/guardians if their student is expressing the desire to hurt themselves.

School counselors can individually be held liable if a student expresses suicide ideas, follows through with the act, and the counselor did not report anything to the parents/guardians.

School counselors can provide parents with a community resource list if the parent wishes to seek further help for their child.

There are peer programs that have been created to help other students recognize signs that their friend is in distress and the importance of telling an adult.

The Texas Department of State Health Services and Mental Health America of Texas has created a document for safer schools that helps educators know what to look for and how to intervene.

The publication School Counselor has also teamed up with ASCA on creating a Model School District Policy on Suicide Prevention that can help districts create policies that help address the ongoing crisis of suicidal students.