Working With Suicidal Students by https://padlet.com/wwilliams101/padletlegalguide Whitney Neckar, ASU Student: Legal Guide en-us 2019-11-26 17:49:58 UTC 2024-11-28 04:57:34 UTC hello@padlet.com https://padlet-uploads.storage.googleapis.com/386754882/5756bbf1f901d08f282b08922c33344d/IMG_0407.jpg Slide #1: Professional Perspective wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416812471 The topic of this Legal Guide is working with suicidal students. I will be approaching this topic from the perspective of a school counselor in a K-12 public school setting and the intended audience are other school counselors. I chose this topic because it is an issue that is becoming more prevalent in public school settings, and we (school counselors) are the first responders to our students' mental health needs should be most equipped to help students combat suicidal ideation. ]]> 2019-11-26 18:03:40 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416812471 Slide #2: Interview wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416820928 I interviewed Grissel Gandaria, the school counselor at Woodlawn Academy in San Antonio ISD to gain more insight on this trying topic. The following information is from the interview that occurred on November 4, 2019.

Why is the topic of working with suicidal students important to our field as school counselors?

  • Ms. Gandaria explained that students are becoming increasingly aware of their emotions and feelings and may or may not know how to deal with those.  Many students have difficulty dealing with those emotions and their outcries for help can take many forms. Ms. Gandaria stated that she has seen students self-harm, run away, and become increasingly aggressive while trying to deal with these emotions. She confirmed these students greatly impact the school, because at this age of adolescents, they are very impressionable and their actions can give other students ideas. 

What are the best practices related to dealing with suicidal students?

  • Ms. Gandaria stated that the best practices related to dealing with suicidal students are administering the district's assessment survey to determine high or low risk cases , utilizing local resources, and following up with parents and students. 

What issues have recently emerged in dealing with suicidal students?
  •  According to Gandaria, the biggest issue  that has recently emerged in dealing with suicidal students is social media platforms that controls much of our students' lives. She explained that social media and TV shows, such as 13 Reasons Why, are opening the eyes of students and introducing them to ideas they may have never previously had. They see these actions of suicide and self-harm being glorified and portrayed in a "cool light." 

(G. Gandaria, personal communication, November 4, 2019)
]]> 2019-11-26 18:19:45 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416820928 Slide #3: Professional Association wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416851018 The American School Counselor Association released information on the school counselor's role in recognizing and preventing student suicides. This resource is extremely informative in explaining our role to create a supportive environment and the importance of not waiting for certainty, "but rather the notion of potential suicide" in reporting to parent's/guardians (ASCA, 2017). It also discusses the importance of providing parents/guardians with referral resources for students. 


]]> 2019-11-26 19:05:48 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416851018 Slide #4: Current News Article 1 wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416861431  As school counselors, we are all aware of the increase in student suicides, making it the second leading cause of death for those ages 10-19. An article from Education Week by Lisa Stark discusses what schools can do to help prevent suicide. The article discusses how everyone in the school system, not just school counselors, can help with suicide prevention. These are some of the tips:
  • Create a safe and welcoming environment
  • Educate all staff, students, and parents about mental health issues and suicide
  • Help students feel connected to each other and the staff
  • Pay attention bullying and other warning signs
The article continues by discussing how in addition to prevention, knowing how to react correctly to a student's suicide is equally as important. There is a high risk of "contagion" and additional suicides by other students who may already be at-risk after a peer's suicide. Tips on how educators should respond to a tragedy are:
  • Identify other students at-risk and those most affected by the death.
  • Provide one-on-one and small group counseling for students and staff. 
  • Treat this like any other death. Do not glamorize or romanticize it. 
  • Encourage parents to monitor their children and their social media accounts. Schools need to stay vigilant, too. 
  • Anticipate and be ready to provide support on the anniversary of the death or other significant dates.
]]> 2019-11-26 19:24:15 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416861431 Slide #5: Current News Article 2 wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416861615 This article from Education Dive by Lucy Hood addresses the need for mental health education in our schools to help prevent tragedies such as suicide. The article discusses how three students in Virginia  had experience their peers attempting or successfully committing suicide. They took their concerns about the effects of mental health issues on their peers to state lawmakers, resulting in the first ever requirement for state-mandated mental health education in K-12 schools in the United States. 
  • The new Virginia law requires mental health education in the 9th and 10th grades. 
  • There is a proposal for implementing the new law to include kindergarten through 10th grade, which will be presented to the Virginia Board of Education next month. 
  • These new standards are designed to be incorporated into existing standards for social and emotional health.
Many states have either approved or have legislation in the works related to mental health education and suicide prevention. By incorporating mental health education and suicide awareness into K-12 student's everyday lives, school counselors and other educators can destigmatize these issues and provide students with the tools they need to live a healthier life. This is a positive trend on mental health and suicide awareness that I would like to see spread across our country. Too often suicide and other mental health issues are hushed because they are considered "taboo," but knowledge is power and educating students and adults can help this epidemic.
]]> 2019-11-26 19:24:37 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416861615 Slide #6: Constitutional Law wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416861870 The first amendment of the United States Constitution (U.S. Const., art. V, amend. I)  protects freedom of expression, including freedom of speech. Believe it or not, this plays a big role in the life of suicidal students in our schools today. Do students have the right to text another student to kill themselves? Can students use suicide as a threat to a girlfriend or boyfriend if they do not respond to a message? These are issues that arise under the law protecting freedom of speech that we, school counselors, must deal with. This law protects students to express themselves, but the stipulations for a school setting may or may not contradict those rights. ]]> 2019-11-26 19:25:03 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416861870 Slide #7: Statutory Law wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862083 The Texas Education Code discusses addressing the needs of and improving students that are currently in suicide prevention programs (Tex. Educ. Code § 11.252). This law directly relates to the topic of dealing with suicidal students because it discusses requirements in  how districts must have an improvement plan in place and methods for addressing the needs of students in suicide prevention plans such as, conflict resolution and violence prevention. ]]> 2019-11-26 19:25:26 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862083 Slide #8: Administrative Law wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862193 In the Code of Federal Regulations, the Family Educational Rights and Privacy Act discusses the confidentiality of a student under the age of eighteen. It discusses requirements for when prior consent is needed to disclose information, when it is not needed, and limitations to this disclosure (34 CFR § 99). This plays an important role in a school counselor disclosing information to parents/local authorities. ]]> 2019-11-26 19:25:38 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862193 Slide #9: Judicial Law wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862301 The 1991 appeals court case of Eisel v. Montgomery County Board of Education set the precedent that because of our special relationship with students, we have a legal obligation to prevent a student’s suicide (Eisel v. Montgomery, 1991).  In this case, the classmates of a girl told the school counselor about the girl’s suicidal ideation. The counselor did not report this information to her parents, and she soon committed suicide. Her parents filed a negligence  lawsuit holding the school counselor responsible for their daughter’s death. The requirements along with this case are that a school counselor must report suicidal ideation in students under the age of eighteen to the parent/guardian. ]]> 2019-11-26 19:25:50 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862301 Slide #10: Local Administrative Law wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862520 Many educational institutions across the country are implementing their own policies to ensure the health and safety of suicidal students. The San Antonio Independent School District's employee handbook includes policies on safety guidelines/reporting and student records that correlate with suicidal students. 
  • The policy on safety states that the district has developed and promotes a comprehensive program to ensure the safety of its students. The program includes guidelines and procedures for responding to emergencies and suicidal students (San Antonio ISD Employee Handbook, p. 27, 2018). 
  • The handbook also states that while student records are confidential, if a student is under the age of 18, the records will be disclosed to the legal parent/guardian. This includes school counseling sessions and any information regarding the well-being of the student. (San Antonio ISD Employee Handbook, p. 32, 2018). 
]]> 2019-11-26 19:26:14 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862520 Slide #11: Ethical Principle wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862612 According to the American School Counselor Association ethical standards, school counselors must “inform parents when a student poses a serious risk of harm to self…” and should not “release a student who is a danger to self or others until the student has proper and necessary support” (ASCA, 2016, p. 4). This ethical standard directly relates to working with suicidal students. As school counselors, we are responsible for the health and well-being of our students while they are in our schools. Knowing that a student is a potential harm to themselves should ring alarm bells. It is our morals as school counselors to take action and inform parents of these risks or suicidal ideation. While I believe this is a moral principle for all school counselors, it most definitely applies for school counselors working with students under the age of 18. Releasing an at-risk student without proper supervision or care is a form of negligence and could result in injury or even death to the student. ]]> 2019-11-26 19:26:25 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862612 Slide #12: Non-Law Source wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862769 "I Have A Suicidal Student In My Office, Now What?" by Dr. LaWanda N. Evans overviews how to screen and identify students at-risk for suicidal behaviors. This book will not only help build your confidence in dealing with these students, but also provide interventions to implement, checklists, and self-care strategies. It is a guide to help school counselors understand, identify, and respond to youth at-risk for suicidal behavior. The book discusses topics such as:
  • How to talk with students
  • Notifying parents
  • Discussing suicide to parents, teachers, and administration
  • Screening tools, strategies, and interventions

]]> 2019-11-26 19:26:43 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862769 Slide #13: Recommendations/Best Practices for Compliance wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/416862943 Throughout this course and my research, I have learned quite a bit about working with suicidal students as a school counselor. There are both legal and ethical principles that must be followed to ensure the health and safety of our students. 
  • Take every report of suicide ideation seriously. Through all my research and every school counselor I spoke to, this was the number one recommendation. No matter the risk level, take it seriously and take the steps needed to provide help to the student. 
  • As school counselors, we have a special relationship with our students and that relationship endows us with the responsibility to report what we know about a student's suicidal ideation (Eisel v. Mongomery, 1991). 
  • Never release a student that you know is having suicide ideation without ensuring they have the proper and necessary support (ASCA, 2016, p. 4). Do not assume that because the student says they are fine, that they truly are. If a student is having these types of suicidal thoughts, they do not just go away. Suicidal ideation is ongoing and something that must be regularly monitored. Thoughts come and go and depending on the timing of these thoughts, students could act on them. Report these thoughts to parents, talk with the student, and provide resources for them to get outside help. 
  • If you are working with students K-12 under the age of 18,  report the suicide ideation to the student's legal parent/guardian (34 CFR § 99). While FERPA states students over 18 have the rights to their records, ethically, I would encourage the report to be made. 
  • Create and utilize a suicide prevention program. As school counselors, in some cases, we truly are the first responders to our student's mental health. Already having a program in place to help these suicidal students will ensure a smooth transition and improvement for these students (Tex. Educ. Code § 11.252). Being prepared is vital in handling these types of situations. 
  • Take the initiative at your school to help prevent suicide by educating others, creating safe and welcoming environments, and recognizing warning signs. Be prepared to handle a student's suicide and have policies in place for staff and students following the tragedy. Knowing how to react to this issue is just as important as trying to prevent it. 
  • Have information on a wide variety of resources to give to students and parents and utilize them. This includes resources such as psychologists, psychiatrist, suicide hotlines, support groups,  and financial aid information.
  • Follow up! Once you have made a report, do not wipe your hands clean of the situation. Show your support and follow up with the student and parent to ensure they are getting the help they need and to offer any additional help. 
]]> 2019-11-26 19:27:03 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/416862943 References wwilliams101 https://padlet.com/wwilliams101/padletlegalguide/wish/419409865 American School Counselor Association (2016). Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

American School Counselor Association (2017). The school counselor and suicide prevention/awareness. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Suicide.pdf

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

Evans, L. (2017). I have a suicidal student in my office, now what? CreateSpace Independent Publishing Platform: California.

Family Educational Rights and Privacy Act, 34 CFR § 99 

G. Gandaria, personal communication, November 4, 2019

Hood, L. (2019, September 3). More states requiring mental health education. Retrieved from https://www.educationdive.com/news/more-states-requiring-mental-health-education/561250/ 

San Antonio ISD. (2018, Aug. 8). Employee handbook, OP 12.05. Retrieved from file:///C:/Users/wneckar1/Desktop/Grad%20School/SAISD%20Employee%20Handbook.pdf

Stark, L. (2018, December 4). Suicides are on the rise. Here's how schools can help. Retrieved from https://blogs.edweek.org/edweek/rulesforengagement/2018/12/suicides_continue_to_increase_how_schools_can_help.html

Tex. Educ. Code § 11.252

U.S. Const., art. V, amend. I]]> 2019-12-04 01:04:12 UTC https://padlet.com/wwilliams101/padletlegalguide/wish/419409865