School counselors face multiple legal and ethical challenges when it comes to providing counseling to students, decision-making, and other responsibilities. Making sure to guide students in positive ways, while remaining neutral, along with forming a trusting relationship is vital for a successful outcome.

One major ethical issue influencing the school counseling field is handling conflicts of personal beliefs. Many times a person's values and beliefs can determine how their counseling and teaching methods are carried out. However, some laws and ethics are very clear in making sure these personal ways of thinking do not sway the students that educators and counselors work with. Professional school counselors need to understand these laws and codes, not only to protect themselves but the students too.

Impact

Each school district adheres to federal and state laws administered by TEA, then create policies that adapt to fit the needs of their local population (Texas Association of School Boards, 2020). The districts must make sure these are followed.

Texas Association of School Boards. (2020). Basic steps to developing and adopting

school district policy. TASB.

https://www.tasb.org/resources/developing-and-adopting-school-district-policy

Texas Education Agency. (2021, April 28). Laws and rules.

https://tea.texas.gov/about-tea/laws-and-rules

Title VI of the Civil Rights Act of 1964 reads, “No individual, on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, or status as a parent, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in, a Federally conducted education or training program or activity” (Civil Rights Act, 1964).

Texas State Law

“A school district or open-enrollment charter school may employ or accept as a volunteer a chaplain to provide support, services, and programs for students as assigned by the board of trustees of the district or the governing body of the school” (SB 763, Sec. 23.001(a.)). 

Impact

These laws impact the possibility of counselors imposing their values upon the student because they offer protection to them from this from happening. Because no individual is to be discriminated against, this will hopefully ensure that students are receiving the best possible guidance in the educational setting as possible. Regarding the chaplain providing counseling services at times, I am hopeful each district takes into consideration that these individuals may pose a threat to possibly imposing religious beliefs on them since that is their primary role. 

Civil Rights Act of 1964, Pub.L. 88-352, 78 Stat. 241 (1964).

S.B. 763, 2023 Legislature, (Texas, 2023).

The Texas Education Code (TEC) states that school counselors have an obligation to, “Accurately and without bias guide individuals and groups of students and parents to plan, monitor, and manage a student’s own personal and social development” (33 Tex. Educ. Code § 33.006).

Link to the statute.

This statute ensures that school counselors:

• counsel students to fully develop each student's academic, career, personal, and social abilities.

• participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students.

• consult and make referrals with a student's parent or guardian

• increase the effectiveness of student education and promote student success

• coordinate people and resources in the school, home,

• interpret standardized test results and other assessment data that help a student make educational and career plans

• deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school's guidance curriculum

• serve as an impartial, nonreporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying

  
  

State Administrative Law

The Texas Administrative Code (TAC) under the Educator’s Code of Ethics, dictates, “ The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation.” (19 Tex. Admin. Code §247.2).

Link to code.

This administrative law ensures the counselor:

• includes all students in guidance lessons

• shows no bias or favoritism in program components

• does not give certain students advantages due to race, color, gender, disability, national origin, religion, family status, or sexual orientation in any regard to program components, scholarship opportunities, etc.

Impact

These laws and statutes make sure that school counselors and other professionals that help students in a social-emotional or mental health capacity, are trained professionals, and are educated about the rules and policies outlined regarding making sure students are not influenced by personal values and bias. A student has the right to receive guidance from an individual free from preconceived notions and opinions.

Educators Code of Ethics, 19 T.A.C. §247.2 (2018).

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=19&pt=7&ch=247&rl=2

S.B. No. 938, Acts of Texas Legislature 87th Regular Session 2021 amends: Tex. Educ. Code § 33.006.

Ward v. Wilbanks et al. (Ward v. Wilbanks, 2011) 

Link to court case.

Julia Ward, a student at Eastern Michigan University, enrolled in a school counseling program and refused to counsel a gay client due to her personal values and religious beliefs. Ward was dismissed from the program for her refusal. According to the American Counseling Association’s Code of Ethics, “intended profession states that counselors must avoid imposing their values on clients, and that counselors may not discriminate based on sexual orientation” (American Civil Liberties Union , 2023). A lower court agreed that the dismissal was warranted due to Ward’s discrimination towards her client.

This court case proves that as a school counselor, we must:

• not show discrimination to any student

• serve students from all backgrounds, cultures, sexual preferences, etc.

• push personal beliefs on students

• guide students through a decision-making process if needed

• aid conversations that contain no personal bias or subjectivity

Impact

I feel the Ward vs. Wilbanks court case is one I could see happening in many facets. Many times, people have agendas or push personal beliefs or bias and they don’t even mean to, or they are worried they will, so before they have a chance to let that happen they don’t let it happen to begin with, just like Julia Ward.

Ward v. Wilbanks, No. 10-2100, Doc. 006110869854 (6th Cir. 2011). 

https://law.justia.com/cases/federal/district-

courts/michigan/miedce/2:2009cv11237/238278/139/

Link to code.

"Learner-Centered Professional Development: The certified school counselor continues professional development, demonstrating a commitment to learn, to improve the profession, and to model professional ethics and personal integrity".

This regulation explains further that the certified school counselor must:

• use self-awareness, reflection, and participate in professional development

• use counseling-related research techniques and practices to continue professional growth

• adhere to and model professional, ethical, and legal standards

• apply research-based practice to improve the school guidance and counseling program

• engage in ongoing professional development to improve the school guidance and counseling program

• engage in continued professional development experiences to learn and apply concepts, skills, and practices related to increasing college and career readiness and promoting postsecondary opportunities and preparation for all learners.

  
  

Impact

As a school counselor, one must continually strive to keep up to date with new laws and requirements that directly impact student success outcomes. Committing to improving and challenging oneself by reading and attending conferences or other training by education professionals will ensure a high level of success as a school counselor. By doing these things, understand the ethics and legalities attached to confidentiality and how to not impose personal values on students.

Student Services Certificates, 19 T.A.C. § 239.15 (g) Standard VI (2017).   

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=19&pt=7&ch=239&rl=15

Link to handbook.

"The educator shall comply with state regulations, written local school board policies, and other state and federal laws."

This policy ensures employees, including school counselors:

• are aware of federal, state, and local requirements.

• will enable compliance with the federal and local laws.

• allows the local district to cover themselves if there is ever a question regarding lack of compliance with law or policy regarding an employee.

  
  

Impact

This policy covers all aspects concerning being an educator at any level at Crawford ISD. Ethics also comes into play here, which is why they are listed individually within the handbook. Making sure school counselors, along with other staff, know protocol regarding confidentiality and imposing personal beliefs upon students in the classroom or the counselor's office, comes into play here as well.

Crawford ISD employee handbook 2023-2024. Crawford ISD. (2023). 

www.crawford-isd.net. https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/202/Crawford/2297856/2023-2024_Employee_Handbook.pdf

• having a solid set of core, ethical values that align with the ASCA.

• receiving continual training on how to remove personal bias and beliefs from their guidance sessions.

• following the ethical values that the ASCA recommends.

• practicing methods learned.

• utilizing other counselors and professionals.

• making sure to be self-aware and evaluate one’s methodology.

Impact

These steps will also help ensure that a neutral, non-bias approach is being taken as well. When this does not occur, and personal values are imposed, this can lead to legal action. The state board of education can restrict, hold, non-renew, suspend, or revoke educator certifications (Texas Education Agency, 2018). The local school district could non-renew an employee contract or lose your job immediately depending on the depth.

Texas Education Agency. (2018, June 14). Educator discipline - faqs. 

https://tea.texas.gov/texas-educators/investigations/educator-discipline-faqs

A high school senior is having difficulty deciding on her post-secondary goal, attending college, or entering the workforce. She is an excellent student with multiple scholarship opportunities, so paying for college isn't a determining factor. She feels like the pressure of her parents regarding her academics these past four years has weighed her down and she needs a break, yet she is worried if she takes a year off, then she won't want to go back or will lose the scholarship opportunities she currently has.

When looking at the ACA and ASCA's Code of Ethics, it is evident that a school counselor must guide the student in helping her make a decision based on her goals and desires, not the personal opinion of the counselor.

American Counseling Association: Code of Ethics

Link to Code of Ethics

When it comes to the American Counseling Association's ethical principle of autonomy, or “fostering the right to control the direction of one’s life”, this is where counselors can sometimes blur the boundaries of the counselor-student relationship (Wade, 2015). Even though the counselor is the adult, and the student is the child, we are not their parent or guiding force in their life. Can we give guidance to help the student be a more productive, successful student and future contributor to society? Absolutely. However, making sure not to press our belief system on them when guiding decisions is the law. 

American School Counselors Association: Code of Ethics

Link to Code of Ethics

The American School Counselors Association's Ethical Standard A.1.1 states that a professional school counselor “respects the student’s values and beliefs and does not impose counselor’s personal values” (2022). This is something that school counselors must consider when counseling students since the goal of a counselor’s services is to guide students in making their own decisions in a safe, unbiased manner. Personal bias also needs to remain out of the picture when counseling students.

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

Wade, M. (2015). Handling conflicts of personal values. American counseling association. 

https://www.counseling.org/docs/default-source/ethics/ethics-columns/ethics_april_2015_personal-values.pdf?sfvr

sn=1e24522c_4/

Application

When it comes to the multiple laws mentioned regarding non-discrimination, along with counselors not imposing personal values upon students, I understand why they must be put into place. Adults have a foundational set of beliefs, that were formed while they were growing up. School counselors can not impose their personal beliefs and biases while these children are still navigating their foundation of beliefs, which are the rights of the parents. In that case, this becomes a major legal and ethical issue. I am thankful that as I have been a student, not only in my primary and secondary education but post-secondary and graduate school, I have had only professional interactions with my instructors, counselors, and administrators. Because I have had such good examples, as well as excellent training in ethical standards, and twenty years of classroom experience with a variety of students, I am confident that being able to help guide students in a non-biased, non-discriminatory way will be doable for me.

Some important standards from the ASCA's Ethical Standards for School Counselors are as follows:

• Respect students’ and families’ values, beliefs and cultural background, as well as students’ sexual orientation, gender identity and gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one’s religion, culture or ethnicity. 

• Are knowledgeable of local, state and federal laws, as well as school and district policies and procedures affecting students and families and strive to protect and inform students and families regarding their rights. 

• Advocate for equitable, anti-oppressive and anti-bias policies and procedures, systems and practices, and provide effective, evidence-based and culturally sustaining interventions to address student needs. 

• Recognize their primary ethical obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives. School counselors understand the need to balance students’ ethical rights to make choices, their capacity to give consent or assent, and parental or familial legal rights and responsibilities to make decisions on their child’s behalf. 

• Address their personal biases related to students’ postsecondary choices. 

• Understand and advocate for all students’ right to be treated in a manner that honors and respects their identity and expression, including but not limited to race, gender identity, gender expression, sexual orientation, language and ability status, and to be free from any form of discipline, harassment or discrimination based on their identity or expression. 

Each of these ethical standards that are required by the ASCA's Code of Ethics for counselors, can either directly or indirectly, be affected by a person's set of core values and personal beliefs (2022). Being able to be a neutral party when counseling the whole student is a must. If these codes are violated, then the counselor-student relationship can be affected negatively. School counselors pride themselves on maximizing student growth and potential for all students.

ASCA ethical standards for school counselors. American school counselors association. (2022). 

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Educators Code of Ethics, 19 T.A.C. §247.2 (2018).

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=19&pt=7&ch=247&rl=2

Impact

Since the United States Constitution doesn't address education directly, and leaves that up to each state, the primary purpose of the U.S. Department of Education is to help public education throughout the country financially.

U.S. Department of Education (ED). USAGov. (n.d.). https://www.usa.gov/agencies/u-s- department-of-education