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The purpose of this legal guide is to provide school counselors and other educators with knowledge of the legal and ethical principals related to working with suicidal students. It is vital educators understand the laws and best practices when working with suicidal students in order to produce the best outcomes. As a former middle school teacher who worked with a high mental health needs population and future elementary school counselor, understanding the legal and ethical principals of working with suicidal students is literally life and death. I am passionate about working with this student population due to the life-changing implications that can result for students, their families, and the community if students do not receive the help they need.

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School counselors are trained to recognize the threat of suicidal students and are tasked with cultivating a supportive environment (American School Counseling Association, n.d.). In order to effectively recognize suicidal ideation and create a supportive environment, it is imperative school counselors be well versed in the laws concerning working with suicidal students. Additionally, school counselors should thoroughly understand the vital role they play in supporting students, families, and the community while working with suicidal students.

With the return to on campus learning after the Covid-19 pandemic caused many students to endure remote learning, there will surely be an uptick in mental health issues. While some students struggle to adapt to on campus learning, others may be grappling with anxiety or depression. This anticipated rise in mental health issues implores school counselors and other educators to pay close attention to students experiencing suicidal ideation and ensure the programs and procedures are in place to support these students, their families, and the community.

American School Counselor Association. (2019). The school counselor and suicide awareness/prevention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Prevention-Awaren

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The American School Counselor Association provides an excellent resource concerning the rational or importance of working with suicidal students and the role school counselors play in working with this student population. Additionally, the American School Counselor Association provides information related to the ethical obligation for school counselors to receive training related to suicidal students and what topics should be included in such training.

American School Counselor Association. (2019). The school counselor and suicide awareness/prevention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Prevention-Awaren

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An article written for Education Drive covers the spike in student suicides attributed to the onset of remote learning due to the Covid-19 pandemic. Suggested ways to battle the rise in student suicide related to the Covid-19 pandemic are followed:

Systematic changes in school culture. Schools should place an emphasis on self-care and social and emotional health, rather than academic and grades.

Hire more school counselors to create a more balanced student to counselor ratio, which will enable school counselors to focus on high risk students.

Partner with local resources and community mental health clinics to provide additional supports for high risk students.

Schools should remove the stigma of suicide by openly communicating about suicide, which may help students feel supported and possibly seek out help.

(Poland, 2021)

Poland, S. (2021 March 25). As schools reopen, prioritizing student mental health can prevent 'twin-demic.' Education Drive. https://www.k12dive.com/news/as-schools-reopen-prioritizing-student-mental-health-can-prevent-twin-dem/597332/

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An article written for Education Drive covers three strategies to support students who experience suicidal ideation, depression, and anxiety as they return to campus after more than a year of remote learning. The three strategies are as followed:

Schools should re-establish a crisis response plan. While schools may or may not have had a crisis response plan before the Covid-19 pandemic, now is the time to ensure every employee is properly trained in how to handle a student crisis. Additionally, all staff should be trained in trauma-informed practices that incorporate evidence-based techniques to reference when working with students.

Staff should avoid punitive responses to students acting out. Staff should be trained in de-escalation techniques to support students experiencing fight or flight symptoms.

Form community partnerships to expand vital resources to assist students experiencing a mental health crisis.

(Arundel, 2021).

Arundel, K. (2021 March 9). 3 strategies for helping students in crisis return to school. Education Drive. https://www.k12dive.com/news/3-strategies-to-help-students-in-crisis-as-they-return-to-school/596254/

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Slide 6: Constitutional Law, 1st Amendment of the Constitution 

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Slide 6: Constitutional Law, 1st Amendment of the Constitution 

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The first amendment of the Constitution states that congress will not make a law that prohibits free speech, press, or the right to peaceably assemble. While citizens are afforded the right to free speech, many cases have been brought forth to challenge the first amendment’s role when encouraging suicide has taken place. One such case was Commonwealth v. Carter, which entailed charging and convicting Michelle Carter with manslaughter for the role she played in Conrad Roy’s suicide by urging him to kill himself (Commonwealth v. Carter, 2019).

U.S. Const. amend. I.
https://constitution.congress.gov/constitution/amendment-1/

Commonwealth v. Carter, 481 Mass. 352 (2019)

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Slide 7: Judicial Law, Eisel v. Montgomery County Board of Education 

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Slide 7: Judicial Law, Eisel v. Montgomery County Board of Education 

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In 1991, a 13 year old student died in a murder-suicide pact with another student. The student’s father sued the school counselor, who was made aware of the apparent murder-suicide pact, but failed to report the pact. The case argued school counselors possess a special relationship with students and have a legal duty to report suicidal ideations in an effort to prevent suicide. While the court dismissed the lawsuit, it was appealed and determined school counselors do possess a legal duty to report suicidal ideation.

Eisel v. Montgomery County Board of Education 324 U.S. 376 (1991).
https://casetext.com/case/eisel-v-board-of-education/?PHONE_NUMBER_GROUP=P

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Slide 8: Statutory Law, STANDUP Act of 2019

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Slide 8: Statutory Law, STANDUP Act of 2019

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The purpose of the STANDUP Act of 2019 was to amend the Public Health Service Act by implementing a school-based student suicide awareness and prevention training policy regarding suicide awareness and prevention training for state education agencies, local education agencies, and tribal education agencies that received 520A funding. The STANDUP Act of 2019 requires consultation with all stakeholders regarding the development of an evidence-based training policy for both educators and students, and collect and report the number of educators and students trained, and the number of students seeking help for suicidal ideation. The state, local, or tribal education agency will create a timeline for policy implementation that will ensure the policy is implemented no later than three fiscal years after the policy is enacted.

STANDUP Act of 2019, 42 U.S.C. 2492 et seq.
https://www.congress.gov/bill/116th-congress/senate-bill/2492/text?format=txt

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Slide 9: Administrative Law, 19. Tex. Admin. Code. § 153.1013

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Slide 9: Administrative Law, 19. Tex. Admin. Code. § 153.1013

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Suicide prevention training as required by TEC §21.451(d) will be required of all school districts and open-enrollment charter schools during new employee orientation for the 2016-2017 school year. Each year following, school districts and open-enrollment school educators are required to complete suicide prevention training on or before September 30th. Suicide prevention training that was provided to existing educators before September 1st, 2013, and met the guidelines stated from the Department of State Health services will be permitted to use in sequential years. School districts must maintain records of each employee who has participated in suicide prevention training and open-enrollment charter schools are encouraged to main such records but are not required to.

Suicide Prevention Training, 19. Tex. Admin. Code. § 153.1013
http://txrules.elaws.us/rule/title19_chapter153_sec.153.1013

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Slide 10: Local Policy, Leander ISD School Board Policy 

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Slide 10: Local Policy, Leander ISD School Board Policy 

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Leander ISD board policy states each campus shall enact a threat assessment and safe and supportive school team, with the task of developing and implementing the safe and supportive school program in compliance with Texas Education Agency. Any student who is identified as experiencing suicidal ideation will be reported to the superintendent, who will then make an immediate effort to contact the parent or guardian.

Leander ISD. (2020 July 14). Student welfare crisis intervention.
https://pol.tasb.org/Policy/Download/1248?filename=FFB(LEGAL).pdf

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" A.9. Serious and Foreseeable Harm to Self and Others
a. Inform parents/guardians and/or appropriate authorities when a student poses a serious and foreseeable risk of harm to self or others. When feasible, this is to be done after careful deliberation and consultation with other appropriate professionals. School counselors inform students of the school counselor’s legal and ethical obligations to report the concern to the appropriate authorities unless it is appropriate to withhold this information to protect the student (e.g. student might run away if he/she knows parents are being called). The consequence of the risk of not giving parents/guardians a chance to intervene on behalf of their child is too great. Even if the danger appears relatively remote, parents should be notified."

American School Counseling Association. (n.d.). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

School counselors have the ethical obligation to support students with suicidal ideation by informing appropriate individuals to mitigate serious or foreseeable risk of self harm. Additionally, it is best practice to inform the student of the school counselor's legal and ethical responsibility to report suicidal ideation.

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Child and Adolescent Suicidal Behavior, Second Edition : School-Based Prevention, Assessment, and Intervention is a comprehensive resource that provides school counselors and other educators with a framework for preventing and responding to students experiencing suicidal behavior. In addition to helping counselors and educators understand how to properly screen and assess for suicidal ideation in students, the book provides a plan for postvention in the aftermath of a suicide.

David N. Miller. (2021). Child and Adolescent Suicidal Behavior, Second Edition : School-Based Prevention, Assessment, and Intervention. The Guilford Press. http://eds.b.ebscohost.com.easydb.angelo.edu/eds/detail/detail?vid=5&sid=770e4089-3082-4c52-a82d-fee31c8a5e6f%40sessionmgr101&bdata=JnNpdGU9ZWRzLWxpdmU%3d#AN=2925350&db=edsebk

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Slide 13: Recommendations and Best Practices 

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Slide 13: Recommendations and Best Practices 

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It is imperative that school counselors and other educators are informed of and follow the legal and ethical guidelines when working with suicidal students. The following are recommendations for ensuring compliance with the legal and ethical principals of working with suicidal students:

Familiarize yourself with the laws and ethical principals of working with suicidal students. A good starting place for laws are the Texas Education Code and the Texas Administrative Code. Review the American School Counseling Ethical Standards for School Counselors.

Complete all required trainings regarding suicidal ideation.

Seek out literature and research for supporting students with mental illness in order to more effectively support students.

Maintain relationships with community resources in order to refer students and their families to them when necessary.

Understand your district and/or campus crisis plan.

If you suspect a student is experiencing suicidal ideation, notify the appropriate individuals, such as the student's parents, your principal, and/or the superintendent.

Never leave a student experiencing suicidal ideation alone. They must be accompanied everywhere.