At the state level, the Texas Education Agency sets state counselor standards and monitors school districts compliance with such standards and the role of the school counselor. SBEC regulates counselor licensure through TEA and TEA can sanction counselors if they are forced into unethical practices and can investigate schools that mismanage counselor roles.

Through learning about governing agencies, I discovered that it is important to fully understand the laws and regulations that are binding to a school counselor to avoid legal issues or even revocation of the counselor license.

For the purpose of arguing for a counselor to use evidence-based counseling practices instead of clerical or administrative tasks the Every Student Succeeds Act. The federal law, ESSA, recognizes the role of school counselors in improving school climate, promoting student mental health, and ensuring academic success (Every Student Succeeds Act, 2015). The Every Student Succeeds Act also ensures the following: 

• Upholds critical protections for disadvantaged students and high-need students

• Helps to support and grow local innovations including evidence-based interventions

• Holds lower performing schools accountable and action to effect positive change 

• Ensures that vital information about annual state assessments are provided to  all stakeholders

• There are other provisions that help ensure success for students and schools. 

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf 

Another federal law that should be used when counselors are asked to perform tasks that violate student confidentiality is FERPA or the Family Educational Rights and Privacy Act. FERPA is a federal law that protects the privacy of students' educational records. FERPA ensures the following: 

• Gives access to records to parents and eligible students

• Restricts disclosure of Personal Identifying Information

• Parents have the right to amend

• Schools must annually provide families with their rights under FERPA

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

Family Educational Rights and Privacy Act, U.S. Code, 20 USC § 1232g (2011). 

https://nces.ed.gov/pubs2007/curriculum/pdf/ferpa_reg.pdf

There are some specific Texas Laws that are instrumental in resolving the disconnect with the counselor role and administrative expectations. One of those laws is Texas Education Code section 33.005. This law explains the main components of school counseling programs in the state of Texas and these are Guidance Curriculum, Responsive Services, Individual Planning, and System Support (Texas Education Code, §33.005). Also, Texas Education Code section 33.006 outlines the general duties and responsibilities of the school counselor. These include the following:

• Participating in planning and evaluating the comprehensive counseling program.

• Consulting with parents and making appropriate referrals.

• Interpreting standardized test results to assist students in educational and career planning.

• Serving as an impartial resource for interpersonal conflicts, including bullying incidents.

• Along with counseling students to develop their academic, career, personal, and social abilities

• In this section, the 80/20 rule is also a provision that states that a counselor must spend 80% of their time on counseling duties and 20% of their time on non-counseling duties. 

(Texas Education Code, §33.006). 

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

• Schools to implement a comprehensive counseling program aligned with the state model

• Must address academic, career, personal, and social development of students

• Directly relates to the four delivery components that a school counselor is responsible for

Tex. Educ. Code § 33.005

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Texas Education Code 33.006 gives specific details on the general duties of school counselors and requires the following:

• The counselor must plan, implement, and evaluate a comprehensive developmental guidance program to serve all students

• Address special needs of at risk for dropping out, becoming substance abusers, gang activity, suicidal ideation

• Helping with modified instruction

• Consult with parents, school staff, and community members

• Coordinate people and resources for home and school

• Interpret standardized test results

• Deliver guidance lessons to classrooms

Tex. Educ. Code § 33.006

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

The administrative law that applies to this would be 19 TAC §61.1073 titled Annual Assessment of School District Compliance. In accordance with 19 Tex. Admin. Code § 61.1073 the school counselor must:

• Provide for the Comprehensive School Counseling Program and the four delivery components

• Duties must be components of a Counseling Program

• Have an active School Counselor Certificate

• Report the total work time in hours that a counselor is contracted to work

• Track the time spent in hours on counseling duties and non counseling duties

• Report the total time spent on guidance curriculum, responsive services, individual student planning, and system support

19 Tex. Admin. Code § 61.1073

https://tea.texas.gov/about-tea/laws-and-rules/commissioner-rules-tac/coe-tac-currently-in-effect/ch061gg.pdf

https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

This case took place in Kansas, but it does have an impact on how Texas counselors should handle confidential situations. Sometimes, a school counselor can feel pressure from administration to share things that students have told a counselor in confidence. This case is an example of this where a school counselor shared student reports instead of maintaining privacy.

The Key Facts of the Case:

• A high school student shared information with a school counselor in confidence.

• The counselor disclosed this information to others without the student’s consent.

• The student sued the school district under constitutional privacy and due process claims.

  
  

Case Holdings:

• The court found that the student had a reasonable expectation of privacy and that the school counselor's disclosure of confidential information potentially violated due process rights.

• Although the court did not grant full relief, it acknowledged the importance of confidentiality in the counselor-student relationship.

How can this apply to the breakdown between the counselor's roles and responsibilities and what administrators ask them to do?

• Counselors have a constitutional and ethical duty to confidentiality, but sometimes, administrators ask counselors to share what is discussed with a student and this makes it challenging for the counselor.

• There is also a risk of administrative policies that undermine the counselor and the responsibilities to students. This can, in the end, be a violation to student rights and cause potential harm

34 C.F.R. §§ 104.33: This addresses Free Appropriate Public Education. This requires that students with disabilities receive regular or special education aids and services designed to meet their individual needs.

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-D/section-104.33

34 C.F.R. §§ 104.34: This regulation addresses Evaluation and Placement of students with disabilities and determining the appropriate educational placement.

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104

34 C.F.R. §§ 104.35: This regulation focuses on the principle of the least restrictive environment for students because students with disabilities need to be taught in the most appropriate setting.

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-D/section-104.35

34 C.F.R. §§ 104.36: This regulation details the procedural safeguards for students with disabilities and their parents/guardians including notification, access to records, and the right to an impartial healing and review.

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-D/section-104.36

It is important for school counselors to have an understanding of their role in Section 504 and how they are instrumental in parent and student support. Counselor work with Section 504 students to ensure these regulations are followed. Sometimes, district or campus leadership can give counselors tasks that can get in the way of the school counselor being able to help students with disabilities. Counselors should be involved with identifying students for evaluation, attending and contributing to 504 meetings, helping to implement accommodations, and supporting student access to general education. However, counselors are not required to serve as 504 coordinators, or replace the role of diagnostician, SPED staff or administrative personnel.

Lubbock ISD Counseling and College and Career Website

https://www.lubbockisd.org/page/counseling-and-college-career-readiness?utm_source=chatgpt.com

(Texas Education Code, Section 33.002-33.009)

American School Counselor Association. (2016). ASCA ethical standards for school counselors.

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

If I am tasked with things that are non-counseling duties, this will take my time and attention away from students and away from my counseling duties. I realize that many districts, especially in Texas, are understaffed and that is why many school counselors are taking on more administrative tasks, however, it is important to still fight for the tasks that are more related to the counseling position. With mental health supports for children lacking, it is crucial that school counselors advocate for their role now more than ever.

• Administrators should allow school counselors to adhere to the 80/20 rule

• The campus leadership team should work together to establish clear role definitions

• The campus leadership team should conduct annual compliance reviews to make sure the campus is following TEA regulations

• The school counselor should provide professional development for individuals who are unclear about the roles and responsibilities of a school counselor

• The school counselor should document and report any role conflicts as they arise

• Counseling goals should be integrated into the Campus Improvement Plan so everyone has a clear direction for the Comprehensive Counseling Program

• The counselor should utilize program outcomes and data to justify the need for the roles and responsibilities of the school counselor