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Hello, my name is Kristi Morris, and I am a master's student pursuing a degree in professional school counseling. I have created this informational resource guide for school counselors to provide legal and ethical information about dual relationships. A dual relationship is defined as "when professionals assume two roles simultaneously or sequentially with a person seeking help" (Herlihy & Corey, 1992, p. 16). This definition can include a counselor performing two professional roles, such as teacher and counselor, or nonprofessional roles, such as friend or lover (Herlihy & Corey, 1992).

This information is important for me because I intend to work at a small school district where I live and my children attend school. The lines between my professional roles and my personal roles may become blurred, and it is paramount for me and other counselors to fully understand the laws and ethical guidelines that govern dual relationships. There are not many cases or laws that specifically apply to dual relationships for school counselors. Ethical codes of conduct are the main regulatory feature governing dual relationships.

References

Herlihy, B. & Corey, G. (1992). Dual relationships in counseling. American Association for Counseling and Development. https://files.eric.ed.gov/fulltext/ED340985.pdf

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There are many governing agencies that create laws and regulations that affect relationships between school counselors and students. At the federal level, the United States Congress has established amendments that have been interpreted and are applicable to dual relationships. The United States Supreme Court has played a role in interpreting the constitutional amendments that apply to education in cases brought before the court. The United States Department of Education is the federal agency that creates and enforces laws about public education (U.S. Department of Education, 2025). Although there are federal laws that govern public education, historically, education is a state-level issue (U.S. Department of Education, 2025).

At the state level, the Texas Legislature established the Texas Education Agency to govern public education in Texas (Smith & Burns, 2020). The Texas Secretary of State compiles and publishes the administrative codes that govern school counselors (Texas Education Agency, n.d.b). The administrative codes are created by the State Board of Education, the Commissioner of Education and the Texas Legislature (Texas Education Agency, n.d.a).

References

Smith, D. & Burns, R. A. (2020, August 13). Overview of the Texas Education Agency and its evolution. Texas State Historical Association. https://www.tshaonline.org/handbook/entries/texas-education-agency

Texas Education Agency. (n.d.a). About. https://tea.texas.gov/about-tea

Texas Education Agency. (n.d.b). State board of education rules - Texas administrative code. https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac

U.S. Department of Education. (2025, June 17). Federal role in education. https://www.ed.gov/about/ed-overview/federal-role-in-education

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Federal Laws:

The Fourteenth Amendment of the U.S. Constitution affects dual relationships for Texas school counselors.

The Equal Protection Clause provides that states cannot deny any person their rights under the law.

Equal Protection applies to legal adults and minors.

States cannot exclude or limit students' access to an education or educational services.

All students must be treated fairly and equally.

School counselors must not show any partiality when working with students. Every student deserves and legally must be provided the same services and attention.

Reference

U.S. Const. amend. XIV, § 1. https://www.archives.gov/milestone-documents/14th-amendment

State Laws:

Article XII, sections 1 and 8 of the Texas Constitution pertain to dual relationships for school counselors in Texas.

Public education is important to the state, and schools are considered an extension of the state government in Section 1.

Section 1 allows the state to govern the structure and operation of all public schools.

Section 8 establishes the State Board of Education, which created the Texas Education Agency.

The Texas Education Agency, under the authority of the State Board of Education, implements and enforces laws and rules related to public schools.

School counselors must adhere to state laws and guidelines established by the Texas Education Agency at all times.

Reference

Tex. Const. art. VII, § 1, 8.

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm#7.17

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Statute:

Tex. Penal Code Ann. § 21.12 addresses inappropriate sexual relationships between an educator and a child or disabled person.

A child is defined as anyone younger than 17 years.

A disabled individual is anyone older than 13 years that cannot care for themselves or protect themselves from harm.

The statute applies to any person working in the school district.

Any relationship where there is sexual contact, sexual intercourse or deviate sexual intercourse is illegal.

Individual found guilty under this statute are charged with a second-degree felony and face 2-20 years in prison.

School counselors cannot engage in romantic or sexual relationships with their students. Doing so will result in legal consequences.

Reference

Tex. Penal Code Ann. § 21.12 (West 2024).  https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm

Administrative Code:

22 Tex. Admin. Code § 681.38 specifically addresses dual relationships for professional counselors.

Professional boundaries must be maintained.

A professional counselor cannot engage in any non-therapeutic relationships while adminstering services.

A non-therapeutic relationship cannot be established until two years after therapy has ended.

A romantic relationship cannot be established until five years after therapy has ended and must be consensual.

A counselor cannot engage in non-professional relationships with a client's family member or anyone personally connected to the client.

A counselor should not provide services to family members, friends, educational associates or business associates.

School counselors are not permitted to engage in any non-professional relationships with students or anyone personally connected to them.

School counselors should not provide services to their family members.

Reference

22 Tex. Admin. Code § 681.38. https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=07%2F14%2F2025&recordId=215069

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Case Law:

Newmyer v. Sidwell Friends School (2015) was taken before the District of Columbia's Superior Court of Appeals and examined the relationship between a school counselor and a parent of a student.

Arthur Newmyer sued the school and Dr. James Huntington for emotional trauma to his five-year-old daughter.

Dr. Huntington formed a relationship with Newmyer's wife, and they had an affair.

Newmyer claimed that the affair was a violation of boundaries by Dr. Huntington.

Claims were dismissed by the court because Dr. Huntington was working at the school but was not providing direct services to the daughter.

School counselors' actions can raise moral questions, but they still avoid legal action.

Professional boundaries are important because they can have ethical and legal ramifications.

Doe v. Unified School District (2003) was a federal court case in Kansas regarding mandatory reporting for educational professionals.

Jane Doe and her daughter, Barbara Doe, sued the Unified School District, the school counselor and the principal for failure to report sexual abuse.

Barbara reported to the school counselor and principal that her stepfather was sexually abusing her.

The school counselor and principal did not report the abuse or investigate the allegations.

The court ruled that the school counselor and principal have a duty to report abuse and protect the students in their care.

The school counselor knew the mandatory reporting requirements but was not trained in the district's reporting procedures.

It is important that school counselors be aware of the laws, regulations and assumptions of responsibility required for their position.

Lack of knowledge or training does not exempt a professional counselor from litigation.

References

Doe v. Unified School Dist., 255 F. Supp. 2d 1239 (D. Kan. 2003). https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2010cv2600-140

Newmyer v. Sidwell Friends School, 128 A.3d 1023 (D.C. 2015). https://www.dccourts.gov/sites/default/files/pdf-opinions/13-CV-1262%2B.pdf

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Every Student Succeeds Act (2015):

The act guarantees equal access to information to fully prepare students for success in college and future careers.

School counselors are recognized in the act as "specialized instructional support personnel."

School counselors play a central role in addressing students' academic, emotional and social development.

The act provides grant funding to support healthy and safe students, well-rounded educational programs and effective use of technology.

School counselors can utilize funding to expand access to school-based mental health services.

The act also supports counselors work in closing the opportunity gap and improving equity of access.

The act is focused on making sure every student has equal access to educational opportunities and services.

Dual relationships inhibit a school counselor from providing the necessary services their students need and can be seen as showing partiality.

School counselors should have a clear definition of their role, have ethical training on boundary setting and ensure knowledge of all applicable federal and state laws.

Reference

20 U.S.C. § 6301. https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

Title IX, Education Amendments of 1972:

Title IX is a federal civil rights law that prohibits sex-based discrimination in any education program or activity that receives federal funding.

Title IX establishes that school counselors are "responsible employees" and are required to report sexual harassment, sexual assault or gender-based misconduct.

School counselors are required to ensure equal access to educational programs, athletic opportunities and counseling services.

Sexual misconduct or romantic relationships with a student, even if consensual, is a violation of Title IX because of the inherent power imbalance and the risk of discrimination or favoritism.

Dual relationships can result in unequal treatment, such as favoritism or avoiding advocacy.

Title IX it applies when relationships lead to sexual harassment, discrimination, or unequal access to educational opportunities.

Reference

20 U.S.C. §§ 1681-1688. https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/title-ix-education-amendments/index.html

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The Center Point Independent School District (CPISD) has standards for all employees in their employee handbook.

"Standard 1.7 The educator shall comply with state regulations, written local school board policies, and other state and federal laws" (Center Point Independent School District [CPISD], 2024, p. 35).

CPISD requires all educators and employees to comply with all state and federal laws.

Employees are required to know the laws that apply to their position.

"Standard 3.2 The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor" (CPISD, 2024, p. 37).

School employees must be cautious with their behaviors and words to ensure they do not cause harm to students.

Dual relationships by school counselors, whether professional or non-professional, can cause distress to students and therefore must be avoided.

"Standard 3.6 The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor" (CPISD, 2024, p. 37).

A non-professional student-counselor relationship may be sexual or romantic in nature.

Sexual or romantic relationships are strictly prohibited regardless of the student's age.

"Standard 3.8 The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard" (CPISD, 2024, p. 37).

School counselors must establish relationships and boundaries in alignment with ethical standards.

This standard requires all employees to have knowledge and understanding of their applicable ethical standards.

"Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication" (CPISD, 2024, p. 37).

Inappropriate communication with a student, regardless of the method, is prohibited.

Even communications that may not be inappropriate may be seen as a non-professional relationship that may lead to favoritism.

Reference

Center Point Independent School District. (2024). Center Point ISD employee handbook. https://files.smartsites.parentsquare.com/6735/2024-25_cpisd_employee_handbook.pdf

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1. Define and Maintain Clear Professional Boundaries: Dual relationships often arise when roles become blurred, such as acting as both a counselor and disciplinarian, or engaging in personal friendships with students or families.

Clearly communicate your counseling role to students, parents, and staff (Tex. Educ. Code § 33.006).

Avoid roles that involve grading, disciplining, supervising, or coaching students you counsel (American School Counselor Association, 2022).

Decline requests or assignments that could lead to multiple role conflicts, and redirect to administrators when necessary (American Counseling Association, 2014).

It is important for school counselors and all stakeholders to understand the role of a school counselor. With a clearly defined role, the school counselor can attend to their necessary duties and avoid dual relationships.

2. Document Interactions and Ethical Decisions: Thorough documentation protects both the counselor and the student by creating a transparent record in case concerns arise about boundary issues (American School Counselor Association, 2022).

Keep detailed notes on:

Sessions, referrals, or any sensitive disclosures.

Boundary-setting conversations.

Decisions to refer students to other professionals due to potential conflicts.

Use a standardized tracking or log tool (Tex. Educ. Code § 33.006).

Documentation is important because it gives school counselors a way to prove they are not showing partiality and adhering to all legal and ethical guidelines.

3. Consult with Supervisors or Ethics Resources: Even well-intentioned actions can create ethical problems. Seeking consultation demonstrates diligence and can prevent costly missteps (American School Counselor Association, 2022).

When unsure, consult:

Your supervisor or principal.

Your school district’s legal counsel or ethics committee.

Professional ethical codes.

Use peer consultation or case review when a relationship feels "too close" or emotionally complex (Tex. Admin. Code § 681.41).

School counselors need to be knowledgeable about legal and ethical guidelines. However, consultations are important because they allow school counselors to verify guidelines and ensure that all aspects of a situation are considered. A thorough review of situations from multiple perspectives will help avoid problems.

References

American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/knowledge-center/ethics

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

22 Tex. Admin. Code § 681.41. https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=07%2F15%2F2025&recordId=224453

2 Tex. Educ. Code § 33.006. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

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The main ethical guidelines for school counselors is established by the American School Counselor Association (ASCA).

“The professional school counselor avoids dual relationships which might impair her or his objectivity and increase the risk of harm to the client” (American School Counselor Association, 2022, p. 3).

Dual relationships are clearly addressed in the ASCA code of ethics and should be avoided.

Dual relationships, whether professional or non-professional, can affect a school counselor's objectivity and cause harm to the students they serve.

School counselors are to provide equal services to all students that aid in their development and safety, and dual relationships can hinder this process.

Reference

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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As a Texas school counselor, understanding the ethical and legal concerns of dual relationships is essential to building trust and maintaining professional boundaries that protect student welfare. My educational journey has emphasized the importance of adhering to ASCA ethical standards and Texas regulations to avoid role conflicts that could impair objectivity or lead to liability. By learning how to navigate complex relationships ethically, I am better prepared to serve students with integrity, equity, and accountability.

Personal Feelings:

Learning about the legal and ethical implications of dual relationships has deepened my commitment to being a trustworthy and accountable school counselor.

I feel a strong sense of responsibility to uphold the law and ethical codes to ensure every student feels safe and supported.

These connections to legal standards have clarified my purpose and strengthened my motivation to pursue educational goals that prioritize advocacy, equity, and professional excellence in Texas schools.

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Here is a summarized list of recommendations and best practices related to dual relationships and legal compliance in educational settings for school counselors:

Establish and maintain clear professional boundaries with students, families, and staff to avoid conflicts of interest.

Avoid assuming multiple roles (e.g., counselor and coach or disciplinarian) with the same student when possible.

Document all counseling sessions and ethical decision-making involving potential dual relationship concerns.

Consult with supervisors, legal counsel, or ethical guidelines when faced with unclear or complex relationship boundaries.

Follow district and state policies regarding time spent on counseling-related duties.

Refrain from personal or romantic relationships with students under any circumstances, as this violates ethical and legal standards.

Educate staff and parents about the role of the school counselor to reduce the likelihood of inappropriate role expectations.

Provide equitable access to services and avoid favoritism or bias resulting from close relationships.

Report any Title IX concerns or suspected abuse immediately to appropriate authorities to remain in legal compliance.

Participate in ongoing professional development focused on ethics, legal updates, and best practices in school counseling.