Legal Guide: Counseling Students in Crisis in NCISD by Andrea Kelley

Slide #1: Professional Perspective/Audience/Topic

akelley92 — 2024-07-16 19:02:50 UTC

As a first-year counseling intern last year, I saw dozens of students in crisis situations, and I felt very much out of my depth at first. Crisis can come in the form of a suicidal outcry, a pregnancy, or a student experiencing violence, and a counselor must be prepared to help students through all of these, and sometimes more than one at a time, which is why I chose crisis in general instead of a specific type for this guide. In order to become more prepared, I began gathering resources and learning more about the law surrounding crisis situations. I would like to help other counselors early in their careers to navigate crisis with the resources in this guide.

Slide #2: Summary of Topic

akelley92 — 2024-07-16 19:03:38 UTC

Students are experiencing mental health crises at alarming rates. At the same time, Texas is struggling to keep up with demand (see slide 4). Therefore, school counselors are often left to bridge the gaps. When students have not received preventative care due to a lack of availability or other reason, professional school counselors see more and more students in crisis situations. They must be aware of the laws and ethical guidelines involved with helping students in high-risk situations.

A recent issue that is tied with this is that the Texas state government has expanded who can be a school counselor to include religious chaplains who may not be fully trained in the above. Whether or not school personnel agree with this, the children of the state will be impacted. Therefore, clear guidelines and policies will be needed.

Slide #3: Professional Association

akelley92 — 2024-07-16 19:04:10 UTC

In this article from the American School Counselor Association (ASCA), Dr. Wendy Rock (2022) argues that as school counselors, it is not our job to provide long-term care to Tier 3 students. Rather, professional school counselors should aim to educate students, teachers, and families proactively to prevent crisis, and then be prepared to help families experiencing crisis in obtaining needed resources in the community.

The school counselor’s role in student Mental health - American School Counselor Association (ASCA). (2022). https://www.schoolcounselor.org/Magazines/September-October-2022/The-School-Counselor-s-Role-in-Student-Mental-Heal

Slide #4: Current News Article 1

akelley92 — 2024-07-16 19:05:00 UTC

In this article for Inside Higher Ed, Ashley Mowreader (2024) discusses the mental health crisis in Texas, and how on University is attempting to help.

Since the Covid-19 pandemic, mental health crises have increased in Texas.
In Texas, 246 out of 254 counties are designated as Mental Health Professional Shortage Areas.
Our Lady of the Lake University, in San Antonio, is situated in one of these high-need areas. In order to meet the need, the University partnered with Crisis Text Line to have its social work students earn their practicum field hours by counseling on the 24/7 hotline.
Since 2020, approximately 200 students have participated.
Advocates for the partnership like that the virtual format allows access to care to people who might not have it otherwise.

Mowreader, A. (2024, July 18). Texas college students volunteer as crisis support professionals. Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/news/student-success/life-after-college/2024/07/18/texas-college-students-volunteer-crisis-support

Slide #5: Current News Article 2

akelley92 — 2024-07-16 19:05:13 UTC

In this article from the Texas Tribune, Jaden Edison discusses the role of counselors before and after traumatic events like the tragically all-too-frequent school shooting.

Events like those in Uvalde create an unfolding "web of trauma" for school counselors to deal with.
Counselors must also focus on their own self-care to avoid burnout.
After the pandemic and other traumatic events, many school counselors are leaving the profession.
At the ASCA conference, Michelle Clarke, a counselor who had experienced a school shooting, argued that school counselors should be involved in creating school crisis plans and threat management plans.
As the school landscape in America changes, the more information and strategies counselors have, the better.

Edison, J. (2022). After Uvalde, America’s school counselors talk trauma of mass shootings. The Texas Tribune. https://www.texastribune.org/2022/07/12/mass-shootings-school-counselors/

Slide #6:

akelley92 — 2024-07-16 19:06:30 UTC

FERPA: Family Educational Rights and Privacy Act
Source of Law: Federal Statutory Law
Schools which are Federally funded must allow parents to have access and rights to their students’ educational records. This includes any records of discipline, counseling notes, and grades. Therefore, educators must make those records available to parents upon request.
For students in crisis, this means that counselors will need to disclose information to parents within a reasonable amount of time, usually the same day.
Therefore, it is important that counselors never promise to keep everything said in their office confidential. They need to inform students that their safety is the most important thing, and that if their safety is compromised, so is confidentiality.

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (1974). https://www.ecfr.gov/current/title-34/subtitle-A/part-99

Slide #7:

akelley92 — 2024-07-16 19:07:13 UTC

The Civil Rights Act Of 1964
Source of Law: Federal Statutory Law
This law prohibits discrimination on the basis of race, color, or national origin. All Federally funded US Schools must prevent and address any discrimination on the basis of race, color, or national origin which is unwelcome and creates a hostile environment which limits a student’s ability to function at school. (Note: There are similar laws to cover other possible forms of discrimination: Title IX covers sex, ADA covers disability, and Title IV covers religion.)
Part of this act encompasses Section 504, which guarantees a Free and Appropriate Education (FAPE) to all students.
The Department of Education has given administrative guidance in interpreting this law for students in crisis. A school is not prevented from taking needed nondiscriminatory actions for a student served under section 504.

New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline | U.S. Department of Education. (2022). https://www.ed.gov/news/press-releases/new-guidance-helps-schools-support-students-disabilities-and-avoid-discriminatory-use-discipline#:~:text=Section%20504%20does%20not%20prohibit%20a%20school%20from,for%20the%20impact%20of%20their%20actions%20on%20others.

Title VI Of The Civil Rights Act Of 1964 42 U.S.C. § 2000d Et Seq. (1964). https://www.archives.gov/milestone-documents/civil-rights-act

Slide #8:

akelley92 — 2024-07-16 19:07:53 UTC

5th Circuit Court Decision: Estate of Lance, et al v. Lewisville ISD, et al.
Source of Law: Judicial Law
A 4th grade student's parents filed a lawsuit against the school district after the emotionally disturbed student died by suicide in the nurse's office. They claim the school was in violation of the student's constitutional rights under Texas Law, Section 1983, and Section 504.
The court found in favor of the school district because the district had not shown bad faith or deliberate indifference, and found it was unreasonable to expect schools to completely eliminate all instances of bullying.
For students in crisis, it is impossible to mitigate all possible dangers. However, it is important that schools do not ignore issues and that they create a plan to serve students, which would show good faith and care.

Estate of Montana Lance, et al. v. Carol Kyer, et al. 743 F.3d 982 (5th Cir. 2014).

Slides #9:

akelley92 — 2024-07-16 19:08:26 UTC

Tex. Education Code § 33.006 (a) and (b)
Source of Law: State Statutory Law
School counselors must oversee a guidance program which serves all students, but which particularly addresses “the special needs of students who are at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide.”
In order to "particularly address" at-risk students, counselors should take care to provide multitiered responses, which includes tiered preventative and remedial, as well as crisis response. Through data-driven decision-making, open door policies, targeted guidance, and active listening, counselors can help to prevent many crisis situations from happening in the first place.

School Counselors, General Duties. Tex. Educ. Code § 33.006 (a) and (b) (2021). https://statutes.capitol.texas.gov/docs/ED/htm/ED.33.htm

Slide #10:

akelley92 — 2024-07-16 19:09:09 UTC

New Caney ISD Handbook: Consent to Provide a Mental-Health Care Service
Text: "The district will not provide a mental health care service to a student or conduct a medical screening of a student as part of the district’s intervention procedures except as permitted by law. The district has established procedures for recommending to a parent an intervention for a student with early warning signs of mental health concerns, substance abuse, or suicide risk. After the district's mental health liaison learns that a student has displayed early warning signs, the student's parent will be notified within a reasonable amount of time and provided information about available counseling options. Students who exhibit early warning signs of mental health concerns, including the risk of suicide or substance abuse will be referred to the appropriate school counselor or assistant principal. The District has also established procedures for staff to notify the mental health liaison regarding a student who may need intervention. The designated mental health liaison is: Janet Graczyk, Director of Counseling."
Source of Law: Local Administrative Law/ Policy
If a student in New Caney ISD exhibits warning signs of mental health concerns, staff will notify the counselor or assistant principal, who will intervene and then notify the parent and district mental health liaison.
New Caney ISD provides multiple layers of support, both at the school and district level, to help students and counselors navigate crisis situations. Counselors are encouraged to contact the district liaisons any time.

New Caney Independent School District (2023). Student Handbook, Consent to Provide a Mental-Health Care Service. https://drive.google.com/file/d/1wqajkqdCIcZ-k6XiYf8d-fLkAClnshRa/view

Slide #11: Ethical Principle

akelley92 — 2024-07-16 19:09:51 UTC

Code: A.11.g: In developmentally appropriate ways and in the context of the incident, support victims, and encourage growth and provide tools for accountability and change (e.g. restorative practices) in perpetrators, and promote healing in the school community while deferring to administration for all discipline issues or any other violation of federal and state laws or district and school policies.
This particular code deals with bullying, harassment, discrimination, bias, and hate. However, this policy outlines ethical actions for a myriad of crisis responses. The most important thing is to support the student and try to restore a safe and productive environment for those involved. Additionally, if there is a discipline issue, it is important that counselors leave that to administration and law enforcement.

ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA). (2024). https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Slide #12: Non-Law Source

akelley92 — 2024-07-16 19:10:18 UTC

The National Education Association has created a comprehensive guide for helping school leaders to prevent, but also to work through a crisis situation after it occurs. The workbook takes the reader through four steps in crisis response: Prevent, Prepare, Respond, and Recover. It also has an extensive appendix section with models that can be adapted by schools for how to handle the media, staff and students, anniversaries of the crisis, etc.

National Education Association (NEA). (2018). PREVENT PREPARE RESPOND RECOVER: HELP AND HEALING IN a TIME OF CRISIS. https://www.nea.org/sites/default/files/2020-07/NEA%20School%20Crisis%20Guide%202018.pdf

Slide #13: Bulleted List of Recommendations/Best Practices for Compliance

akelley92 — 2024-07-16 19:10:58 UTC

The most important thing counselors can do for students in crisis is prevent that crisis in the first place by creating comprehensive counseling programs that nurture all students' mental and emotional health, as outlined in the Texas Model and ASCA Code of Ethics.
Another important preventative factor is educating teachers and parents on behaviors that might indicate a student is in crisis.
A final preventative measure is to make sure that students, families, and teachers know how to refer to the counselor and feel comfortable doing so.
Similarly, school counselors must be comfortable knowing when to ask questions of their administration and department directors, knowing community resources, and advocating for their students' needs in getting those resources.
Counselors should join professional organizations at both the state and national level to keep abreast of policy changes that might impact them and their students.
When a crisis occurs, counselors should follow the law and directives of their district. Student safety is the most important concern.
Counselors should be aware of confidentiality laws when a student is in crisis so that the people who need to know are informed, and people who do not are not.