This guide focuses on the legal and ethical responsibilities of high school counselors when working with students experiencing suicidal ideation. I chose this topic because suicide is the second leading cause of death among adolescents, and school counselors are on the front lines of prevention (Hink et al., 2022). Understanding legal mandates and ethical guidelines to protect students and intervene appropriately is important.

The rise of social media and digital communication is an emerging issue that has posed a challenge. It is becoming harder to monitor online bullying that may contribute to suicidal ideation. 

American School Counselor Association. 2024. The school counselor and suicide prevention, intervention and postvention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Prevention-Awaren

https://www.nytimes.com/2024/10/09/health/suicide-prevention-software-monitoring.html

• Many school districts use software to monitor students on their devices. The software flags and alerts administrators and counselors if violence, grief, suicide, or self-harm themes are typed or searched. 

• Some examples of tools include:

  • Gaggle

  • GoGuardian Beacon

  • Bark

  • Securly 

• These tools can pick up what a child types in an essay, email, text message, or a Google search. 

• My high school uses Securly. 

https://www.cbsnews.com/news/national-suicide-prevention-policies-rising-rates/

• Three national suicide prevention strategies have been launched during the past 20 years. Despite strategies from 2001 to 2021, suicide rates increased in most years. 

• Prevention efforts are hard to measure

• Funding for efforts can ebb and flow.

The Family Educational Rights and Privacy Act (FERPA) affords parents the right to access their children's education records and governs the privacy of student records unless an exception to the consent rule applies (20 U.S.C. § 1232g). 

https://www.law.cornell.edu/uscode/text/20/1232g#:~:text=agency%20or%20institution.-,No%20funds%20shall%20be%20made%20available%20under%20any%20applicable%20program,or%20institution%2C%20in%20accordance%20with

Federal Administrative Law:

If a significant threat is determined to the health or safety of a student, you may disclose that information to appropriate authorities and parties without consent (34 CFR § 99.36c). School staff must notify parents if a student is suicidal.

Family Educational Rights and Privacy Act Regulations, 34 C.F.R. § 99 https://www.law.cornell.edu/cfr/text/34/99.36

A child may consent to counseling for suicide prevention, chemical addiction or dependency, or sexual, physical, or emotional abuse (Tex. Family Code § 32.004 ).

Texas Family Code § 32.004. Consent to Counseling. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.32.htm

State Statutory Law 

This law requires the agency to annually update a list of best practice-based programs for schools to address mental health and suicide prevention. Schools can implement these programs to train staff in identifying and supporting at-risk students, intervening effectively, and assisting students returning after mental health treatment or suicide attempts.

Tex. Educ. Code § 38.351. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

School Counselor General Duties

State Statutory Law 

School counselors are tasked with integrating suicide prevention best practices into their programs while fostering students' academic, career, personal, and social growth. They also plan, implement, and evaluate comprehensive guidance programs to support all students, including those at risk of dropping out, substance abuse, gang involvement, or suicide. 

Tex. Educ. Code § 33.006 B.1A  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Montgomery County Board of Education court case from 1991 said, “School counselors have a duty to use reasonable means to attempt to prevent a student’s suicide when they are on notice of student’s suicidal intent.”  A school counselor/school district had failed to take action after reports were made of a student with suicidal ideation and was deemed negligent.

A 13-year-old student made suicidal statements to classmates, and the classmates reported to their counselor. The counselor questioned the student, and she denied making them. The parents of the student were not the administration was notified. Shortly after that, two students upheld their "suicide pact" in a public park. The court cited in loco parentis doctrine that the school counselors have a duty to use reasonable care to protect a student from harm. A school counselor's legal liability ends when authorities and parents of the student at risk have been notified (ASCA, 2013).

Eisel v. Board of Education, 324 Md. 376 (1991) https://www.casemine.com/judgement/us/5914bf6aadd7b049347ade8e

Stone, C. (2013, September 1). Suicide: Err on the side of caution. American School Counselor Association.

The district has established procedures for recommending to a parent that intervention might be needed for a student possessing early warning signs of mental health concerns, substance abuse, or suicide risk. The campus counselor and/or principal will notify the parents within a reasonable time. Information will be given to the parents about available counseling options. 

Shallowater ISD. (2024). Shallowater ISD Student Handbook/Code of Conduct. https://files.smartsites.parentsquare.com/4889/handbook_code_of_conduct_2024-2025docx.pdf?scrlybrkr=7bcd4dec

A.9 Serious and Foreseeable Harm to Self and Others

1. Inform parents/guardians and school administration when a student poses a serious and foreseeable risk of harm to self or others. 

2. Recognize the level of suicide risk is difficult to quantify. Risk assessments are information-gathering tools. 

3. Ensure students have proper supervision and support. If parents/guardians will not provide proper help a report to child protective services may be made. 

4. Provide mental health resources to parents/guardians.   

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

Erbacher, T., Singer, J., Poland, S. (2023). Suicide in schools: A practitioner’s guide to mulit-level prevention, assessment, intervention, and postvention. 2nd ed. Routledge. https://suicideinschools.com/

Legal Compliance: 

Confidentiality and Reporting (FERPA):

• Keep student records confidential unless a significant health or safety threat exists.

• Notify parents/guardians and appropriate authorities if a student is at risk of suicide (34 CFR § 99.36).

Consent to Counseling (Texas Family Code § 32.004):

• Obtain student consent for counseling related to suicide prevention, chemical dependency, or abuse when applicable. 

Texas Education Code Requirements: 

• Integrate evidence-based mental health and suicide prevention programs into school counseling practices (TEC § 38.351).

• Provide academic, career, and personal guidance with suicide prevention as a core component (TEC § 33.006).

Judicial Precedent (Eisel v. Board of Education, 1991):

• Act upon any notice of suicidal intent by employing reasonable measures to prevent student harm. Failure to act can result in liability. 

ASCA Ethical Standards: 

• Notify parents/guardians and administration when a student poses a risk of self-harm.

• Provide mental health resources to families.

• Report neglect or failure to seek care to child protective services 

Best Practices: 

• Utilize software, for example, Securly, to monitor student activity for early suicide risk detection.

• Address emerging issues such as cyberbullying that can contribute to suicidal ideation.

• Work with families, administrators, and mental health professionals for collaboration, training, and intervention.

• Train staff on recognizing warning signs and effective intervention techniques.

Policy Implementation:

• Adhere to district-level policies that outline procedures for notifying parents and offering counseling options. 

• Stay informed on updated laws, policies, and ethical standards through professional associations like ASCA. 

School counselors can address suicidal ideation, comply with legal mandates, adhere to ethical standards, and foster a supportive school environment by combining all these strategies.  

American School Counselor Association (ASCA). (2022). Ethical standards for school counselors.

American School Counselor Association. 2024. The school counselor and suicide prevention, intervention and postvention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Prevention-Awaren

Barry, E. (2024, October 9). Does your school use suicide prevention software? We want to hear from you. The New York Times. 

https://www.nytimes.com/2024/10/09/health/suicide-prevention-software-monitoring.html

Eisel v. Board of Education, 324 Md. 376 (1991) https://www.casemine.com/judgement/us/5914bf6aadd7b049347ade8e

Erbacher, T., Singer, J., Poland, S. (2023). Suicide in schools: A practitioner’s guide to mulit-level prevention, assessment, intervention, and postvention. 2nd ed. Routledge. https://suicideinschools.com/

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974).

Family Educational Rights and Privacy Act Regulations, 34 C.F.R. § 99 https://www.law.cornell.edu/cfr/text/34/99.36

Hink, A. B., Killings, X., Bhatt, A., Ridings, L. E., & Andrews, A. L. (2022). Adolescent suicide-understanding unique risks and opportunities for trauma centers to recognize, intervene, and prevent a leading cause of death. Current trauma reports, 8(2), 41–53. https://doi.org/10.1007/s40719-022-00223-7

Shallowater ISD. (2024). Shallowater ISD Student Handbook/Code of Conduct. https://files.smartsites.parentsquare.com/4889/handbook_code_of_conduct_2024-2025docx.pdf?scrlybrkr=7bcd4dec

Stone, C. (2013, September 1). Suicide: Err on the side of caution. American School Counselor Association.

Tex. Educ. Code § 38.351. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

Tex. Education Code § 33.006 B.1A  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Texas Family Code § 32.004. Consent to Counseling. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.32.htm

Weinstock, C.P. (2024, September 10). Decades of national suicide prevention policies haven’t slowed the deaths. CBS News. 

https://www.cbsnews.com/news/national-suicide-prevention-policies-rising-rates/