My Exploration of Legal and Ethical Principles for School Counselors by Jessica Tate https://padlet.com/jtate41/qowc108rzyj1 Jessica Tate, EDG 6305 en-us 2019-03-16 16:03:57 UTC 2025-01-17 17:35:22 UTC hello@padlet.com Step Two: Exploration Option 3 - Education Week jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342018819 School safety is an issue that has been trending for a while. With school shootings becoming a normal headline in the news, it's not uncommon to see mention of school shootings and school safety across the United States. A new ethical situation for schools is ensuring that the schools that students attend are safe. In the linked article, the Florida Supreme Court has granted the go ahead for the Grand Jury to investigate school safety and if children are taken care of (Man, 2019). The Grand Jury will also be investigating if schools have taken money allocated for school safety improvements on campus and whether or not that money was used for something else instead of what it was intended for (Man, 2019). ]]> 2019-03-16 16:03:57 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342018819 Step Two: Exploration Option 2 - American Counseling Association (ACA) Legal and Ethical Issues jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342018820 In my review of the ACA website, discussion of confidentiality was mentioned various times in the legal area of information. School counselors will possibly be discussing very private information with students. Professionals must understand the policies for confidentiality and what can be discussed to the student's parents and what must remain private between the educational professional and the student. If a school counselor is not familiar with what needs to be disclosed to parents, legal issues could arise from what is disclosed and what is kept private.

The second area discussed on the ACA website includes school counselors and suicide rates among adolescents. With suicide rates high among the adolescent and teenage age groups, school counselors have faced legal issues in regard to suicides and the students they serve. This issue overlaps with the confidentiality issue in what can be disclosed to parents of a student who may have stated that they are suicidal. With keeping the Family Educational Rights and Privacy Act (FERPA) in mind, school counselors must use sound judgment when counseling a possibly suicidal student. ]]> 2019-03-16 16:03:57 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342018820 Step Two: Exploration Option 2 - American School Counselor Association (ASCA) Legal and Ethical Issues jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342018821 In my review of the ASCA website, one of the major legal and ethical issues that school counselors face is the obligation to report child abuse. State-by-state statutes are listed on guidelines and requirements for reporting child abuse. In the state of Texas, professionals listed include all educational professionals, daycare workers, correctional officers, all healthcare providers, and general public who suspect child abuse. If any child abuse is suspected, a person must file a report as soon as possible. 

The second legal and ethical principle on the ASCA website is professional distance, dual relationships, and boundaries for school guidance counselors. Counselors must provide loyalty and support to their students while also being aware of boundary issues between professional staff and the students they serve. Counselors must maintain a healthy balance to ensure a professional relationship is maintained. ]]> 2019-03-16 16:03:57 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342018821 Step One: My Future Role and Professional Perspective jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342019839 I currently work for Windham School District, which is the school district within the Texas Department of Criminal Justice. We serve student offenders with educational opportunities and vocational training. Upon completion of my Master's of Education in Guidance and Counseling, I would like to stay with Windham School District and become a guidance counselor for student offenders. Providing counseling to student offenders will help these students with career training, obtaining high school equivalency, and vocational classes that will aid in reducing recidivism in the state of Texas, as well as allowing offenders a way to use their time wisely while incarcerated.]]> 2019-03-16 16:14:24 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342019839 Step Two: Exploration Option 3 - Education Dive jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342033858 In the linked article, an ethical situation discusses how far educators should go to help their students (Harper, 2019). There is a fine line between aiding students and crossing a boundary that may get too personal between the educational professional and the student. In this situation, a superintendent at an Indiana school is facing felony charges for insurance fraud because she claimed the student was her son and should be able to benefit off of her insurance. This is a case where the educational professional overstepped her boundaries in helping a student. Compassion is important in serving our students, but professionals must also keep needs in perspective with the educational boundaries that must be held between staff and students. ]]> 2019-03-16 18:32:32 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342033858 Step Four: Researching School Counselors and Student Confidentiality jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342034765 When performing my research through the Angelo State University Library, I found this academic journal that discusses various ethical dilemmas that school counselors in Malaysia face in their profession. Confidentiality issues are mentioned within this journal as well. ]]> 2019-03-16 18:43:56 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342034765 Step Four: Researching School Counselors and Student Confidentiality jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342034774 When searching for information about school counselors and student confidentiality on the Internet, I found a website called School Counseling Zone. The website provided a link with frequently asked questions as well as confidentiality guidelines that school counselors can read a familiarize themselves with. ]]> 2019-03-16 18:43:59 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342034774 Step Three: Legal and Ethical Issue That Interest Me - School Counselors and Student Confidentiality jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342034782 School counselors face challenges when students disclose personal information about themselves. Since school counselors generally work with students who are underage, they are faced with an ethical and legal dilemma on what information they can inform the student's parents about, and what information they must keep private between the counselor and the student. Another challenge school counselors face is when parents enquire about their child and school counselors ethically and legally cannot inform parents of certain information under specific policies. ]]> 2019-03-16 18:44:04 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342034782 Step Five: What I Learned about School Counselors and Student Confidentiality jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342036543 School counselors are certified and not licensed, so legal privilege does not apply in regard to student confidentiality. Information that is shared between students and counselors can remain confidential, but school counselors must remember informed consent, which means FERPA laws state that if a child is under the age of 18, parents must give consent on whether or not a student can see a school guidance counselor. If a parent has not specifically stated that they do not want their child working with counseling staff at school, it is a regular educational service provided for all students (Hansen, 2015). 

School counselors must disclose information about the student if the student's behavior puts them or other people at harm. School counselors must also report if they suspect child abuse or neglect. School counselors must also respond to court subpoenas and other legal situations that involve their students (Hansen, 2015). 

School counselors also face dilemmas when working with school administration and parents in regard to student's confidentiality. Many times, information is asked that ethically, school counselors cannot disclose per FERPA and policy. Many counselors are labeled as uncooperative when they do not release information. Counselors, when appropriate, must keep confidentiality to ensure trust between them and the students they serve (Har & Jusoh, 2015). 

Student confidentiality among school counselors is important because counseling students can bring up situations where students disclose personal information about themselves. Counselors must remember their boundaries with these students, as well as what they legally must disclose to keep the student and other people safe, especially if the student's behavior is putting themselves or others in possible danger. Counselors must also be professional in their knowledge of what should not be released. FERPA law regulates what can be disclosed about a student, including their grades and academic milestones. Counselors cannot release this information to unauthorized parties. 

Possible scenarios I could face in this legal and ethical area include a parent wanting full transcripts of what the student and I discussed during a session. Also, administration could request personal information on a student that is not pertinent to the student's academic success. Lastly, a family member of a student could request an academic transcript of a student but they are not authorized through FERPA to receive this information. Being familiar with confidentiality is crucial in protecting the student's rights and privacy.  ]]> 2019-03-16 19:03:42 UTC https://padlet.com/jtate41/qowc108rzyj1/wish/342036543 References jtate41 https://padlet.com/jtate41/qowc108rzyj1/wish/342039651 American Counselor Association Logo. (n.d.). [Image] Retrieved from 
 https://www.counseling.org/

American School Counselor Association Logo. (n.d.). [Image] Retrieved from      https://www.schoolcounselor.org/

American School Counselor Association. (2018). Professional distance, dual relations, and 
 boundaries. Retrieved from https://videos.schoolcounselor.org/professional-distance-dual-relations-boundaries
 
American School Counselor Association. (2018). Child abuse statutes by state. Retrieved from  https://www.schoolcounselor.org/asca/media/asca/home/childabusebystate.pdf
 
Hansen, S. (2015). Confidentiality guidelines. School Counseling Zone. Retrieved from http://www.school-counseling-zone.com/confidentiality.html
 
Har, N. & Jusoh, A. (2015). View on counseling ethics among school counselors in Malaysia. The Online Journal of Counseling and Education. 4(4), 35-47. 
 
Harper, A. (2019). How far should educators go to help students? Education Dive. Retrieved from https://www.educationdive.com/news/how-far-should-educators-go-to-help-students/546973/
 
Man, A. (2019). Florida supreme court oks grand jury investigation of school safety. Education Week. Retrieved from https://www.edweek.org/ew/articles/2019/02/25/florida-supreme-court-oks-grand-jury-investigation.html
 
Wheeler, A. (2016). Do proposed regulations properly protect client privacy? American Counselor Association. Retrieved from https://www.counseling.org/docs/default-source/risk-management/ct-risk-management-april-2016.pdf?sfvrsn=45f3512c_2
 
Wheeler, A. (2018). Student suicides raise concerns about potential counselor liability. American Counselor Association. Retrieved from https://www.counseling.org/docs/default-source/risk-management/ct-risk-management-december-2018.pdf?sfvrsn=3b14552c_2

Windham School District Logo. (n.d.). [Image] Retrieved from www.wsdtx.org 
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