Legal & Ethical Application - Working with Suicidal Students by Meredith Dillon

Slide #1: Professional Perspective

mdillon216 — 2023-12-10 04:29:43 UTC

I am an Abilene Christian University graduate, and am currently teaching high school science and coaching at Caddo Mills High School. I am pursuing my master’s degree in professional school counseling and will graduate in the spring of 2025. After graduation, I hope to become a high school counselor and help prepare my students to be positive and productive members of society.

I chose this topic because as we continually see a rise in adolescent suicide, I feel it is important as a future school counselor to know the legal principles to guide conversations with students, know when to disclose information with parents, and establish the steps to take to best minister to students struggling with their mental health.

Slide #2: Governing Agency

mdillon216 — 2023-12-10 04:37:52 UTC

Tex. Education Code §11.252 (a) (3) (B) – Statutory law - https://statutes.capitol.texas.gov/Docs/ED/htm/Ed.11.htm - This law states that each district must have a district improvement plan that is developed, evaluated, and revised each year by a committee of teachers and administrators. The district improvement plan must include suicide prevention programs and the notification procedure for parents and guardians of the suicidal students.

Tex. Education Code §33.006 (a) and (b) – Statutory law - https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm - This law states that a school counselor’s primary responsibility is to fully develop each student in every area: academically, career-wise, personally, and socially. A school counselor, by this law, should aide in planning, implementing, and evaluating a guidance program for each student and to address their individual needs. This includes creating a guidance program for each student who is at risk of committing suicide.

Slide #3: Federal and State Constitutional Laws

mdillon216 — 2023-12-10 04:38:11 UTC

In 1974, Congress enacted the Child Abuse Prevention and Treatment Act, Public Law 93-247, to focus on preventing and responding to child abuse and neglect. Reporting student suicide ideation falls under this act. School counselors are among the ones who are obligated to report suspicion of negligence or abuse to proper authorities. Counselors have a “ministerial duty” to report suspicion of neglect and abuse, as well as ideation of suicide. Reporting a students suicide thoughts to parents is among the first responsibilities of counselors.

Slide #4: Statue & Administrative Law

mdillon216 — 2023-12-10 04:38:36 UTC

19 Tex. Admin. Code §153.1013 – Administrative law - 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=2&ch=153&rl=1013 – Based on this law, all school districts have to provide suicide prevention training to all new school employees each year. This training must be based on best practice-based techniques according to the Department of State Health Services, in coordination with the Texas Education Agency. This training is aimed at helping educators become aware and teach them how to handle working with suicidal students.

Slide #5: Case Law

mdillon216 — 2023-12-10 04:38:53 UTC

1991 Eisel v. Board of Education of Montgomery County (Eisel v. Board of Education of Montgomery County, 1991) – Judicial law - https://www.casemine.com/judgement/us/5914bf6aadd7b049347ade8e - In this case a father sued the school district and school counselors because his daughter committed suicide after she had told friends of her intent to commit suicide. The friends then relayed the information to the school counselor, who then in turn questioned the student on the statements, which she denied making them. The school counselor did not notify parents of this conversation. Although the school counselors were not found to be liable in this case, the court recognized that school counselors might hear of multiple suicidal ideas and not all might be true, but “the consequence of the risk is so great that even a relatively remote possibility of a suicide may be enough to establish duty” (Eisel vs. Board of Education of Montgomery County, 1991). In turn, this case taught us that there is a duty to warn parents, when the counselor feels as though the student could have the possibility of self-harm.

Slide #6: Federal regulation -§ 78.55 Suicide prevention services

mdillon216 — 2023-12-10 04:39:05 UTC

§ 78.55 Suicide prevention services: Education.

This regulation coordinates the suicide prevention education programs to educate families and the community of the signs to identify people at risk of suicide and the resources available to them.

38 CFR 78.55 - https://www.ecfr.gov/current/title-38/section-78.55

Slide #7: Local Administrative Law/Policy/Rule

mdillon216 — 2023-12-10 04:39:24 UTC

Caddo Mills ISD Student Handbook (Caddo Mills Independent School District, 2021) – Local policy - https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/879781/21-22StudentHandbook.pdf - The school district has established procedures for recommending an intervention to a parent for a student with suicidal risk within a reasonable amount of time to discuss the student’s counseling options. The mental health liaison at each campus will have procedures on identifying risk factors, accessing resources for treatment or support, and provide student accommodations on campus.

Slide #8: Risk Management Strategies

mdillon216 — 2023-12-10 04:39:46 UTC

Establish a school crisis management team - It is important for school personnel to be able to identify and intervene when students are in crisis and at risk for committing suicide. This team is responsible for establishing a suicide risk assessment, as well as implementing the prevention procedures.
Provide professional development for school staff members - Teachers and school staff should receive training every year on the prevention and identification of suicide in students. This should include identification of warning signs, protocol after identifying students, and roles and responsibilities of the crisis management team.
Develop district protocols for suicide crisis - School districts should have clear protocol they follow after identifying students at risk of suicide. Protocol should include who to call if the professional school counselor is not available, when to intervene and inform parents, never leave the student alone, and how to determine the level of risk the student is at.

References:

Suicide prevention guide for school personnel - new york state ... (2022) P12.nysed.gov. Available at: https://www.p12.nysed.gov/sss/documents/GuideforSuicidePreventionforSchoolPersonnel2.7.22.pdf (Accessed: 10 December 2023).

Slide #9: Ethical Principle

mdillon216 — 2023-12-10 04:40:02 UTC

There is no law that holds school counselors to report student suicide ideation to parents. However, ethically the profession believes reporting suicidal ideation to parents is one the the counselor’s ministerial duties. As a profession, regardless of whether or not we have a state statute to guide our behavior, we must make certain everyone in our profession understands calling parents whenever we are placed on notice that a suicide is even a remote possibility is not an option or judgment call but an absolute duty (Suicide and Child Abuse Reporting - American Counselor Association, 2018).

References:

Suicide and Child Abuse Reporting - American School Counselor Association (ASCA). (n.d.). https://www.schoolcounselor.org/Magazines/July-August-2018/Suicide-and-Child-Abuse-Reporting

Slide #10: Personal Connection

mdillon216 — 2023-12-10 04:40:21 UTC

I personally connect to this issue because I see the decline of mental health in adolescents daily. As a high school teacher, I am able to see the daily pressures students undergo and the impact it is making on their mental health. As a future school counselor, identifying this issue and being aware of the legal and ethical issues when dealing with students struggling with their mental health is important to best serve the students and also protect myself from a potentially liable situation.

Slide #11: Recommendations for Best Practices

mdillon216 — 2023-12-10 04:40:37 UTC

School counselors will follow the Suicide and Crisis Program - https://docs.google.com/document/d/18Z94ikg_Dpe8NT-GlgDxMiaZB18vF1NsbsrYRFzSKOQ/edit
After the counselor meets with a student to determine the severity of their threatening suicide. However, the counselor cannot state whether they believe the student is actually suicidal and must refer the student to the crisis counselor on campus.
Student will be referred for special education services.
Counselor will get the administrator involved when calling parents to inform them of the situation.
The administrator and counselor will together explain the next steps of the process to the student and parents.
Parents will come in to school to meet with the counselor and student to fill out the “Do No Harm Contract”. Parents and students will sign the contract. Parents will agree to get student mental health services or Child Protective Services (CPS) will be called.
Counselor will follow up with the student the next day. If student makes another outcry, then the student will be put on a 24/7 hold where they are not allowed to be left alone. Parents will be contacted to inform them of the situation to come get their child.

References:

Assessment Procedures for the Suicidal Student. (n.d.). https://texassuicideprevention.org/wp-content/uploads/2017/03/Texas-Suicide-Safer-Schools-Implementation-Guide-Part-3-Assessment-and-Procedures-.pdf