This topic was of interest to me because it is relevant to the profession, and has impacted my role as a school counselor. In addition, I felt it was important to bring attention to the ethical and legal ramifications of these protocols.

Federal: Within the United States Department of Health and Human Services, a strategy has been implemented to research preventative steps in addressing suicide and self harm. To increase awareness of this problem but to hopefully decrease the amount of times in occurs.

State: States are required to implement programs and policies that have decided by the federal government. To address the need for suicide prevention strategies the governing agency in the state of Texas is Texas Education Agency (TEA). School districts are audited by TEA to ensure that they are in compliance with regulations. Should a school district be out of compliance, TEA will take over that district and make changes in leadership and policies to correct this.

References:

Texas Education Agency. (2024). Suicide prevention, intervention, and postvention. https://tea.texas.gov/about-tea/other-services/mental-health/suicide-prevention-intervention-and-postvention

United States Department of Health and Human Services. (2024). 2024 National Strategy for Suicide Prevention. HHS.  

https://www.hhs.gov/programs/prevention-and-wellness/mental-health-substance-abuse/national-strategy-suicide-prevention/index.html

• creating a comprehensive school counseling program

• help students with special needs including self harm

• consult with parents

• refer to community resources

  
  

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm#33.006

Federal: The STANDUP Act of 2021 required all public school receiving funding to implement programs to raise awareness for suicide prevent and support for student’s facing ideation.

• prevention training for employees

• awareness of signs/warnings

• have an evidence-based program

• collect reports for data

https://www.congress.gov/117/plaws/publ100/PLAW-117publ100.pdf

References:

Suicide Training and Awareness Nationally Delivered for Universal Prevention Act. 42 U.S.C § 520B (2021). https://www.congress.gov/117/plaws/publ100/PLAW-117publ100.pdf

Texas Education Code § 35.006 (2021). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm#33.006

State Administrative: The Texas Administrative sets rules for how school districts in the state of Texas should implement mental health training for employees (Title 19, 2016).

• school employees will participate in annual training

• trainings include identifying warning signs

• suicide prevention

• protocols

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=187943&p_tloc=9633&p_ploc=1&pg=2&p_tac=&ti=19&pt=2&ch=153&rl=1021

State Statute: Texas Education code section 38.351 (2023) outlines that school districts in Texas are required to provide mental health services including suicide prevention protocols.

• create a safe school climate

• recognize a student at risk

• intervene with a student at risk

• provide community resources

• assist with returning to school after outcry

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.351

References:

Texas Education Code § 38.351 (2023). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

Title 19 Texas Administrative Code §15.1021 (2016). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=187943&p_tloc=9633&p_ploc=1&pg=2&p_tac=&ti=19&pt=2&ch=153&rl=1021

There are several court cases where schools and by extension counselors were found negligent because they performed risk assessments, found the student was not a high risk threat, but didn’t notify anyone and then subsequently the child went home and took their own life (Eisel v. Board of Education, 1991).

• wrongful death case

• counselor has duty to intervene

• there was foreseeable harm

• policy for preventing future harm

• There was a suicide prevention protocol in place, which has since been examined

  
  

link: https://scholar.google.com/scholar_case?case=11504838149536622397&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Reference:

Eisel v. Board of Education of Montgomery County, 324 Md. 376 (Court of Appeals, 1991).

The federal government under the Biden-Harris administration introduced the 2024 National Strategy for Suicide prevention. This is within the branch of U.S. department of Health and Human Services. It seeks to provide resources and steps to prevent and identify suicidal tendencies (HHS, 2024). 

• 10 year plan

• whole society approach

• address gaps in care

• identify risks

• address risks

• crisis interventions

  
  

Link: https://www.hhs.gov/programs/prevention-and-wellness/mental-health-substance-abuse/national-strategy-suicide-prevention/index.html

Reference:

United States Department of Health and Human Services. (2024). 2024 National Strategy for Suicide Prevention. HHS.  

https://www.hhs.gov/programs/prevention-and-wellness/mental-health-substance-abuse/national-strategy-suicide-prevention/index.html

• school create a safe and support team

• create a threat assessment

• notify parent/guardians

• determine risk

• refer to mental health services.

  
  

link: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=481&code=FFB#legalTabContent

Reference:

Lamar Consolidated Independent School District. (2021). FFB — Student Welfare: Crisis Intervention. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=481&code=FFB#legalTabContent

Texas Education Code § 38.351 (2023). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

(ASCA, 2023)

It is very important to follow these steps (or similar ones) when addressing an outcry of self harm, because the legal and ethical repercussions could result in loss of life, or your job/certification. School counselors are usually the ones to assess the level of risk, so make sure you follow your district's protocol or risk assessment tool.

link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

A school counselor has a ethical responsibility to inform guardians and administration when a student is at immediate or serious risk to self or others(a). Additionally, school counselors should be able to assess the risk level of suicidal ideation in student making an outcry and report results to guardians (b). If a student poses an extreme risk after assessment and counselor feels releasing to parents will be harmful to the student, the counselor may call authorities (e). Lastly, upon return to school or after outcry, a school counselor should provide post-interventions to check in on student, and share community mental health resources for long term care (c). As always follow district policy, and state and federal laws (d).

Reference:

American School Counselor Association. (2022) Ethical Standards for School Counselors. ASCA. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

• Analyze your ethical/legal dilemma

• Consider your training and protocols

• Evaluate the development stage of the student

• Seek consultation from supervisor, colleague, or mentor

• Notify the parent/guardians

• Perform any necessary assessments

• Make a decision while considering ethical/legal components

• Refer to outside resources

• Assist in returning to school

My feelings when thinking about laws or ethics, is to err or the side of caution. When we are talking about the lives and safety of children, one can never be too careful. I aspire to be a school counselor who acts professionally, unbiasedly, and empathetically with consideration for the safety and well-being of the student.

Reference:

American School Counselor Association. (2022) Ethical Standards for School Counselors. ASCA. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Texas Education Code § 38.351 (2023). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm