School counselors play a vital role in supporting students' academic, emotional, and social well-being. However, many counselors are burdened with non-counseling duties, such as administrative tasks and testing coordination, which significantly detract from their ability to focus on students' needs. This approach diverts important time away from student support and interferes with the primary responsibilities of school counselors. According to Bardhoshi et al. (2014), school counselors' role conflict is directly related to burnout, suggesting that non-counseling duties interfere with the roles of school counselors and lead to less satisfaction and commitment to their jobs.

Tex. Educ. Code Ann. § 33.006(a) (2021) states that a school counselor's main duty is to assist students in maximizing their academic, professional, social, and personal potential. Consequently, the inefficient use of their time can result in burnout and turnover, further exacerbating the challenges faced by educational institutions in serving students effectively.

The overload of non-counseling duties has a detrimental effect on student outcomes. Academically, students receive less support, which can lead to lower performance. Emotionally and socially, students may face unresolved issues due to the lack of adequate counseling time. This is a concern that affects legislators, school board officials, administrators at both district and campus levels, other school counselors, teachers, students, parents, and the community.

This padlet is to inform about the legal and ethical obligations concerning school counselors and being assigned non-counseling related duties, therefore meeting their social and emotional needs.

The American School Counselor Association (ASCA) supports school counselors by setting ethical standards, offering professional development, and advocating for the profession. School counselors are responsible for following ASCA Ethical Standards, maintaining confidentiality, and providing equitable services. Administrators and district leaders are responsible for ensuring that school counselors have the necessary resources (American School Counselor Association, 2022).

The U.S. Department of Education (DOE) oversees federal education policies and programs, including those related to school counseling. It ensures compliance with federal laws such as the Every Student Succeeds Act (ESSA), which includes provisions for school counseling and mental health services. School counselors must adhere to federal regulations and guidelines set by the U.S. Department of Education. School districts and administrators are responsible for ensuring that counselors comply with these federal requirements (U.S. Department of Education, 2025).

Governing State Agencies & Responsibilities

The Texas Education Agency (TEA) is the state agency responsible for overseeing public education in Texas. It sets policies and standards for school counselors, including certification requirements and the implementation of comprehensive school counseling programs. School counselors in Texas must comply with Tex. Educ. Code Ann. § 33.006(a) (2021), which outlines their primary duties and responsibilities. School districts and administrators are responsible for ensuring that counselors are not overburdened with non-counseling duties and that they can focus on their primary role of supporting students (Texas Education Agency, 2025).

TEA holds school districts accountable by the Annual Assessment of School District Compliance (§ 61.1073, Tex. Admin. Code, Title 19, Chapter 61, Subchapter GG). School districts must annually assess compliance with school counseling requirements. School counselors need to document their work time, differentiating between counseling and non-counseling duties. This documentation is maintained by the district and made available to the Texas Education Agency (TEA) upon request (Texas Education Agency, 2025).

The Equal Protection Clause of the 14th Amendment of the U.S. Constitution (U.S. Const. amend. XIV, § 1)

• Guarantees that every student is entitled to equal protection under the law.

• Requires fair treatment for all individuals in comparable circumstances.

• Obligates school counselors to ensure equitable support for all students, without discrimination based on caseload and other tasks.

Texas Law

Texas Constitution, Article I, Section 3 (Tex. Const. art. I, § 3)

• Mandates equal protection for all students under Texas law.

• Prohibits exclusive privileges for any individual or group.

• Ensures school counselors provide balanced and fair support to all students, regardless of their caseload or extra responsibilities.

Consequences of Non-Compliance:

• Legal Consequences:

  • Potential lawsuits and legal actions against the school district.

  • Violation of the Equal Protection Clause (U.S. Const. amend. XIV, § 1) and the Texas Constitution (Tex. Const. art. I, § 3).

• Educational Impact:

  • Inadequate academic support for students.

  • Lower academic performance and achievement.

  • Increased dropout rates.

• Emotional and Social Consequences:

  • Unresolved emotional and social issues among students.

  • Increased behavioral problems and disciplinary actions.

• Ethical Concerns:

  • Breach of ethical standards and professional guidelines for school counselors.

  • Role conflict and job dissatisfaction among counselors.

• Administrative Challenges:

  • Higher counselor burnout and turnover rates.

  • Difficulty in recruiting and retaining qualified school counselors.

• Community and Stakeholder Impact:

  • Loss of trust and credibility among parents, students, and the community.

  • Negative perceptions of the school district and its commitment to student well-being.

Texas Education Code § 33.006 (General Duties of School Counselors)

(Tex. Educ. Code Ann. § 33.006, 2021)

• Defines the general duties of school counselors.

• Counselors must focus on students' academic, career, personal, and social development.

• Counselors must participate in planning, implementing, and evaluating comprehensive guidance programs.

Texas Senate Bill 179 

(Tex. S.B. 179, 87th Leg., R.S., 2021)

• Requires school counselors to spend at least 80% of their work time on counseling duties related to students' mental health, academic success, and overall well-being.

• Provides clear guidelines on how school counselors should manage their time to ensure they are primarily focused on counseling tasks.

• Each school district must adopt a policy reflecting these requirements and make it available to district employees, parents, and the public.

• Allows for exceptions if staffing needs require counselors to spend less than 80% of their time on counseling duties, but these exceptions must be documented and justified.

Counseling Duties (80%)

• Individual and group counseling sessions

• Academic advising

• College and career readiness activities

• Student assessments and evaluations

• Crisis intervention and mental health support

Other Duties (20%)

• Administrative tasks

• Parent and teacher consultations

• Professional development

• School meetings and committees

Consequences of Non-Compliance of: Tex. Educ. Code Ann. § 33.006 (2021) and Tex. S.B. 179, 87th Leg., R.S. (2021)

• Legal Consequences:

  • Potential lawsuits and disciplinary actions.

  • Violation of state educational regulations (Tex. Educ. Code Ann. § 33.005, Tex. Educ. Code Ann. § 33.006, Tex. S.B. 179, 87th Leg., R.S., 2021).

• Educational Impact:

  • Inadequate support for students' academic, career, personal, and social development.

  • Lower academic performance and achievement.

• Emotional and Social Consequences:

  • Unresolved emotional and social issues among students.

  • Increased behavioral problems.

• Ethical Concerns:

  • Breach of professional guidelines for school counselors.

  • Role conflict and job dissatisfaction among counselors.

• Administrative Challenges:

  • Higher counselor burnout and turnover rates.

  • Difficulty in recruiting and retaining qualified counselors.

• Community and Stakeholder Impact:

  • Loss of trust and credibility among parents, students, and the community.

  • Negative perceptions of the school district’s commitment to student well-being.

    
    

Texas Administrative Law

19 Tex. Admin. Code § 61.1073, 2021

Purpose: 19 Texas Administrative Code § 61.1073 (2021) implements Texas Education Code § 33.006(h), which requires school districts to adopt a policy mandating that school counselors spend at least 80% of their work time on duties that are components of a counseling program.

• School districts must adopt a policy mandating that school counselors spend at least 80% of their work time on duties that are components of a counseling program.

• School districts must annually assess their compliance with this policy.

• School districts must provide documentation to the Texas Education Agency (TEA) upon request.

• Ensures school counselors focus on counseling-related duties to effectively meet students' needs.

Consequences of Non-Compliance:

• School districts may face disciplinary actions.

• Challenges within the school system.

• Potential conflicts with state and federal protections.

• Parties involved: Nancy Woodlock (School Counselor) and Orange Ulster Board of Cooperative Educational Services (B.O.C.E.S.)

• Conflict: Nancy Woodlock, the school counselor, believed assigned administrative tasks were inappropriate for her role and interfered with counseling services. The conflict escalated, leading to the loss of her employment and a federal civil rights lawsuit.

• Court ruling: The court ruled in favor of the school counselor, emphasizing the importance of adhering to the ethical standards and appropriate duties outlined by the American School Counselor Association (ASCA).

Doe v. Waller Independent School District, No. 23-CV-00738 (S.D. Tex. 2024)

• Parties involved: School counselor (Jane Doe) and Waller Independent School District 

• Conflict: Texas school counselor Jane Doe in Waller ISD was assigned non-counseling duties that interfered with her ability to provide adequate counseling services to students. She argued that the assignment of non-counseling duties violated 19 Tex. Admin. Code § 61.1073 (2021), which requires school counselors to spend at least 80% of their work time on counseling-related activities.

• Court Ruling: The United States District Court for the Southern District of Texas Houston Division ruled in favor of the school counselor, stating that the school district's policy violated state law. This case underscores the importance of adhering to state laws and regulations regarding the duties of school counselors and highlights the legal consequences of assigning non-counseling duties that interfere with their primary responsibilities.

The ASCA Ethical Standards for School Counselors provide guidelines for the ethical responsibilities of school counselors. These standards emphasize that school counselors should focus on their primary role of providing counseling services to students and should not be overloaded with non-counseling duties.

The standards advocate for appropriate student-to-counselor ratios and the importance of school counselors dedicating their time to direct and indirect services that support students' academic, career, and social/emotional development (American School Counselor Association, 2022). 

The ASCA Ethical Standards for School Counselors divide the roles and responsibilities of school counselors into the following six sections:

1. Responsibility to Students

2. Responsibilities to Parents/Guardians, School, and Self

3. School Counselor Directors/Administrators/Supervisors

4. School Counseling Practicum/Internship Site Supervisors 

5. Maintenance of Standards

6. Ethical Decision-Making

   
   

This regulation impacts the issue of counselor overload by setting clear ethical guidelines that school counselors should adhere to. It helps ensure that school counselors can effectively fulfill their primary responsibilities without being burdened by non-counseling tasks, thereby improving the quality of counseling services provided to students.

• Purpose: Ensures school districts comply with policies regarding school counselors' work time.

• Work Time Allocation: Requires school counselors to spend at least 80% of their total work time on duties that are components of a counseling program developed under Section 33.005 of the Texas Education Code.

• Assessment Instruments: Time spent administering assessment instruments or providing assistance with them (except interpreting data) is not considered time spent on counseling.

• Policy Implementation: Each school district must adopt and implement this policy, maintain a copy in each school office, and make it available upon request.

• Exceptions: If a school counselor must spend less than 80% of their work time on counseling duties due to staffing needs, the policy must include reasons, list non-counseling duties, and set the percentage of work time for counseling duties.

• Employment Contracts: School districts cannot include provisions in employment contracts that conflict with this policy or authorize non-counseling duties unless specified in the policy.

1. School district provides adequate training and clarification of 19 Tex. Admin. Code § 61.1073 (2021) and that administrators on campus that assign or delegate duties understand what school counselors can and cannot be responsible for. 

2. Have a clear understanding of what roles, responsibilities, and duties fall under counseling related and non-counseling related. 

3. Document time spent each work day on counseling and non-counseling related duties for compliance with 19 Tex. Admin. Code § 61.1073 (2021) and Tex. S.B. 179, 87th Leg., R.S., 2021.

   
   

Having these risk management strategies in place is important to:

• Prevent future legal cases against school counselors and school districts/administrators such as Woodlock v. Orange Ulster B.O.C.E.S., No. 06-CV-1234 (S.D.N.Y. 2008) and Doe v. Waller Independent School District, No. 23-CV-00738 (S.D. Tex. 2024) which has set a precedent of the interpretation of the law. 

• Providing adequate support for students' academic, career, personal, and social development (American School Counselor Association, 2022).

• Decrease the high number of counselor dissatisfaction and burn out due to the stress and barriers of non-counseling duties (Bardhoshi et al., 2014).

• The American School Counselor Association (ASCA) Ethical Standards for School Counselors (2022) emphasize that school counselors' primary responsibility is to their students. When counselors are tasked with non-counseling duties, it can detract from their ability to focus on students' academic, career, and social/emotional development.

• The ASCA Ethical Standards (2022), Section B.2.c, specifically addresses the issue of school counselors being overburdened with non-counseling related duties, stating: "School counselors advocate for a school counseling program free of non-school-counseling assignments identified by 'The ASCA National Model: A Framework for School Counseling Programs.'"

• By adhering to this ethical standard, school counselors can advocate for their role to be centered on providing direct support to students, ensuring that their professional duties align with their primary obligation to the students' well-being and success.