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Upon completion of a Master of Education in Guidance and Counseling, I hope to be employed as a school counselor in elementary education. Currently, I am in my 6th year as kindergarten teacher, and I have experience teaching in Texas as well as abroad in Karachi, Pakistan.

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Step 2:  Exploration Option 1 -- Top Five Facts from the Perspective of an Elementary School Counselor

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Step 2:  Exploration Option 1 -- Top Five Facts from the Perspective of an Elementary School Counselor

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I interviewed Mrs. Robina King, elementary counselor at Spring Garden Elementary in the Hurst-Euless-Bedford Independent School District. She shared her views on the current legal and ethical issues impacting her work in school counseling. She mainly emphasized the importance of student confidentiality in the interview.

#1:  King emphasized the importance of keeping personal student information confidential. Many times, teachers/other individuals involved in a student's academic career reveal private student information during informal settings such as in the teacher's lounge, work room, and during staff meetings. King advises teachers against talking openly about any student as a topic of conversation in order to respect student privacy.

#2: Another confidentiality issue. Educators feel that they have a right to know private student information and approach King with the intention of gaining student insight. However, King believes that individuals non-related with the student do not have the right to this information. She is responsible in protecting student privacy, and finds it a struggle to help colleagues understand this.

#3:  Another confidentiality issue. King used to take detailed notes during individual and group counseling. However, she does not do this anymore due to possible subpoena of information. She prevents student records from getting into the hands of non-involved individuals so to protect student privacy.

#4:  King emphasis continuous education in legal and ethical matters in counseling in order to better meet professional responsibilities. Lack of updated knowledge may lead to unintentional ethical mishaps and the risk of negatively affecting professional certification. Counselor professional development and counseling association newsletters are an excellent way of staying current in legal and ethical matters.

#5:   If a student reports sexual abuse or if a teacher is the slightest bit suspicious of it, then it is his/her responsibility to report it. King emphasis this to teachers each year as there is a legal obligation in protecting the child; teachers may lose their certification if an incident or suspicion of illegal activity is ignored.

(R. King, personal communication, March 19, 2019)

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Step 2:  Exploration Option 2b -- National Education Association (NEA) Legal and Ethical Issues

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Step 2:  Exploration Option 2b -- National Education Association (NEA) Legal and Ethical Issues

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In my exploration through the National Education Association's (NEA) website, it seems that they support The Dream and Promise Act (2019) that provides  United States citizenship avenues to current immigrants residing there. If this act passes into law, then undocumented immigrant students will receive the opportunity to take advantage of state and federal benefits such as applying for financial aide, paying in-state college tuition, and applying for work-study programs.

There is much debate on gun violence and NEA does not support Betsy DeVos, US Secretary of Education, in her advocacy in arming educators with firearms as a means of protection from  intruders. NEA feels that The Every Student Succeeds Act (2015) supports positive mediums of academic success instead pro-violent means of support such as arming teachers with guns.

(National Education Association, 2019)

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Step 3:  Maintaining Student Confidentiality 

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Step 3:  Maintaining Student Confidentiality 

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First and foremost, a counselor is an advocate for students. It is her responsibility to maintain a safe and sound learning environment, and ease academic hindrances within the scope of expertise. In doing so, it is crucial to maintain student confidentiality and privacy, especially from unauthorized/non-associated individuals; however, a counselor must also understand when to breach student confidentiality for the safety of the student.

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Step 4a:  The School Counselor and Student Confidentiality -- An Academic Resource

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Step 4a:  The School Counselor and Student Confidentiality -- An Academic Resource

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Angelo State University - Library Online Resources

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Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

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Step 4b:  The School Counselor and Student Confidentiality -- An Internet Source

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Step 4b:  The School Counselor and Student Confidentiality -- An Internet Source

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Step 2:  Exploration Option 2a -- American School Counselor Association (ASCA) Legal and Ethical Issues

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Step 2:  Exploration Option 2a -- American School Counselor Association (ASCA) Legal and Ethical Issues

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In my exploration through the American School Counselor Association's (ASCA) website, I came across an informative article that stressed the counselor's responsibility in reporting student suicidal thoughts to parents. This included verbal intentions of committing the act, written mediums of communication such as journal writing, as well as suspicious activity. That is, the counselor is legally obligated to report even suspicion just like he/she is legally obligated to report actual abuse cases to the respected authority.

Another topic of discussion is how to maintain a boundary between professional and personal responsibilities in virtual counseling. These counselors are recommended to secure separate accounts for video chatting, telecommunication, and emailing. Also, virtual counselors are expected to list referrals in automated email replies when they are not available to serve students and families in a timely manner.

(American School Counselor Association, 2019)

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Step 5:  Summary of Sources on Counselor's Role Related to Student Confidentiality

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Step 5:  Summary of Sources on Counselor's Role Related to Student Confidentiality

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Many times, there is lack of an objective, black and white answer as to the counselor's role in protecting student confidentiality. However, in a study conducted by Lazovsky (2008), 195 school counselors were most willing to breach student confidentiality when a student was in danger of harm, and least willing in revealing personal or familial background. When students are blanketed under school boundaries, it is the educators' and school personnel's job to advocate for student well-being. Hence, the counselor is a professional within the academic boundary, responsible to breach student confidentiality in scenarios in which a student is in danger or risk of danger (Lazovsky, 2008). Similarly, the American School Counselor Association (ASCA) (2018) suggests that the school counselor has an "ethical obligation" to breach confidentiality under suspicions of "foreseeable harm" (p. 23). However, ASCA (2018) emphasizes that counselors should inform a student before breaching confidentiality just so the student is aware that counselor's intention is not to break a bond of trust, but act in order to protect the student as well as safe guard her role as student advocate.

Lazovsky (2008) recommends that counselors should attend continuous training in this matter in order to stay updated on current legal and ethical matters related to student confidentiality.  Stakeholders should also be educated in the area of student confidentiality in order to protect student confidentiality with mutual understanding. School counselors deal with a plethora of student information such as domestic abuse, drugs and alcohol problems, and teen pregnancy to name a few. Each circumstance is unique and the counselor should utilize knowledge of legal and ethical principles in order to protect student rights, yet shelter them from imminent/current situations involving risk to well-being.

References

American School Counselor Association. (2018). The school counselor and confidentiality. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Confidentiality.pdf

Lazovsky, R. (2008). Maintaining confidentiality with minors:  Dilemmas of school counselors. Professional School Counselor, 11(5), 335-346.