https://padlet.com/khouston51/sxxjnoy6ulhy Legal issues in school counseling, EDG 6305 en-us 2018-10-27 22:04:39 UTC 2025-03-14 00:53:01 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297694062 Upon completing my Masters Degree in Guidance and Counseling, December of 2018, I plan to pursue an elementary school counseling position in Midland ISD, where I am currently a 4th grade teacher. I am in contact with the current director of Midland ISD's counselors, Ron Moss, who has advised me to begin applying for positions now, in hopes to have a long term substitute replace my role as a classroom teacher. ]]> 2018-10-27 22:13:06 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297694062 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297694265 2018-10-27 22:17:54 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297694265 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695418 1. School counselors should stay in contact with their director who  stays current and up to date on any laws and changes. For example, David's Law was enacted in 2017, which requires counselors to address cyberbullying and counsel both the aggressor and victim (Texas Bullying Laws, 2018). 

2. School counselors must be aware of a student's confidentiality rights. Always speak to the student first when informed of a concern, but contact parents based on your school and districts policy. Also, only share information with other professionals on a need-to-know basis. 

3. Know when to outsource students and parents to professional help. An example of this is when an elementary student is struggling with gender identity issues. Have a list of outside resources to provide the student and parents, and continue providing support and educating teachers on how to best support the student. 

4. A new policy was recently enforced where the school now requires the counselor to allow the parent an opportunity to intervene before contacting law enforcement when a child is considering self-harm. Kisha informed me that it is then a counselor's duty to follow-up with that parent to see if an appointment has been made. The next step is to contact CPS if the parent did not follow through. 

5. Staff members may also seek guidance through working through issues on campus with other staff. Counselors must remember to not take sides, but rather play the role of neutral mediator to help solve the conflict.

Texas Bullying Laws. (2018). Retrieved from https://txssc.txstate.edu/videos/bullying-and-the-law/]]> 2018-10-27 22:44:38 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695418 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695612
According to the NEA website, research supports that Early Childhood Education should begin before the age of 5. The NEA suggests that pre-k be federally funded for qualifying low-income families with students age 3-4, and states should fund optional pre-k for all students age 3-4. Public school is the proposed primary setting for the pre-kindergarten programs (NEA, 2016).

National Education Association. (2016). Early Childhood Education. Retrieved from http://cqrcengage.com/nea/earlychildhood ]]> 2018-10-27 22:48:43 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695612 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695656 The American School Counselors Association (ASCA) made a public statement opposing the use of funds to provide firearms to educators. The belief is that funds should remain directed toward student learning (Metcalf, 2018).

Metcalf, L. (2018, August 23). ASCA Issues Statement Opposing Any Proposal to Use Federal Education Funds to Purchase Firearms. Retrieved from https://www.schoolcounselor.org/school-counselors-members/legislative-affairs]]> 2018-10-27 22:49:37 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297695656 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297702368 NEA discusses the closure of the Deferred Action for Childhood Arrivals or DACA program that  will leave many immigrants without protection of deportation. The NEA calls for congress to decide on a solution that allows for permanent path to citizenship (NEA, n.d.).

National Education Association. (n.d.). Dream Act. Retrieved from http://edadvocacy.nea.org/dreamact]]> 2018-10-28 01:20:59 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297702368 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297709825 The school counselor may find themselves in a role that is an extension of administration rather than implementing the ASCA framework for a guidance and counseling program. In the article, the American School Counselor Association encourages the counselor to use the standards as well as an appropriate navigation of the political atmosphere, to effectively advocate against inappropriate use of time on campus. 
Carolyn Stone noted "legal protection does not necessarily accompany ethical imperatives" (Stone, 2017), and that is vitally important that the school counselor not find themselves in a battle with the principal when it comes to assigned duties. Understanding how to present appropriate use of time through a school counselors ethical responsibilities and standards, as well as balancing respect for administration should be the approach taken. 

Stone, C. (2017, September 1). Appropriate vs. Inappropriate Duties. Retrieved from https://www.schoolcounselor.org/magazine/blogs/september-october-2017/appropriate-vs-inappropriate-duties]]> 2018-10-28 04:11:10 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297709825 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297713224 After researching legal and ethical issues in school counseling, I find that I am most interested in the article posted by the ASCA, "Appropriate vs. Inappropriate Duties." I realized that I was unclear as to how I would personally address this situation, that I have witnessed many other counselors struggle with. The article leaves room for further research as it explains that although a counselor has a set of ethical responsibilities to create a comprehensive guidance and counseling program, without the correct deliverance, legally, the administration may still have the greater authority as to the specified job duties. ]]> 2018-10-28 05:30:53 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297713224 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297714345 My search for academic resources resulted in finding an instructional module for principals, providing an overview of the misconception about the role of a school counselor. 

Carnes-Holt, K., Range, B., & Cisler, A. (2011, November 30). Teaching about the Principal and School Counselor Relationship: ELCC 2.1a. Retrieved from https://eric.ed.gov/?id=EJ973792

]]> 2018-10-28 05:56:33 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297714345 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297714377 In the article "Future School Administrators' Perceptions of a School Counselor's Role", the authors make the point that much of the school counselors time is consumed by non-counseling duties, and that this disconnect can be due to a principals misunderstanding as to a school counselors importance and functions. The research question is posed, "Is there a difference in the way students in a graduate program for educational administration perceive the role of the professional school counselor and the role of the counselor as outlined in the state's professional standards?(Kentucky Educational Professional Standards Board, 1996)" (Fitch, Newby, Ballestero, Marshall, 2001, p. 90).

Fitch, T., Newby, E., Ballestero, V., & Marshall, J. (2001, December). Future School Administrators' Perceptions of a School Counselor's Role. Counselor Preparation, 41,  88-99. Retrieved from http://content.ebscohost.com/ContentServer.asp?EbscoContent=dGJyMNHr7ESeqLY4zdnyOLCmr1Cepq9Ss6m4SbaWxWXS&ContentCustomer=dGJyMPGutk 2prNJuePfgeyx43zx1 6B&T=P&P=AN&S=R&D=eue&K=507727091]]> 2018-10-28 05:57:34 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297714377 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297718719 ASCA National Model. (2018). Role of the School Counselor. Retrieved from https://www.schoolcounselor.org/administrators/role-of-the-school-counselor]]> 2018-10-28 07:27:21 UTC https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297718719 khouston51 https://padlet.com/khouston51/sxxjnoy6ulhy/wish/297838776 The two articles I located on appropriate and inappropriate duties for school counselors, "Teaching about the Principal and School Counselor Relationship" and "Future School Administrators' Perceptions of a School Counselor's Role", provide research about principal and counselor relationships. Suggestions for campus principals and counselors to participate in pre-service training together is explained, and even a module for training principals on the role of a school counselor is provided. "Principals are more likely to advocate for and align with a counseling program when they share
the goals and objectives of the program, the individual counselors, and the additional student
supports (Walsh, Barrett, & DePaul, 2007)" (Fitch, et.al., 2001, p. 92).

The content of the articles are not only vital for the counselor and principal relationships, but equally important for the campus as a whole. Administration must be informed on what exactly a counselor's duties are, understanding the time required and importance of a comprehensive guidance and counseling program. This information can prevent a school counselor from being asked to focus on administrative duties. These tasks can often undermine and overshadow the school's need for a counselor and counseling program.

The American School Counseling Association website provides a section which explains the role of the school counselor, need for a school counselor, appropriate and inappropriate program activities, and videos for administrators that help them understand the importance of understanding a school counselors contribution. For my future role as a school counselor, it is important that administration understand the standards aligned with my role, so that I am adhering to my guidelines and providing the best support for the campus and students. Legally, a school counselor must adhere to the ASCA guidance and counseling National Model, and yet ethically, they must also walk a fine line to balance respect to their administration when asked to assist with duties. It is then important to know what a counseling program should look like, and help your principal see in a respectable manner, where your time is allotted each day to meet the ASCA model requirements. "To achieve maximum
program effectiveness, the American School Counselor Association
recommends a school-counselor-to-student ratio
of 1:250 and that school counselors spend 80 percent or
more of their time in direct and indirect services to students" (ASCA, 2018).

References

ASCA National Model. (2018). Role of the School Counselor. Retrieved from https://www.schoolcounselor.org/administrators/role-of-the-school-counselor

Carnes-Holt, K., Range, B., & Cisler, A. (2011, November 30). Teaching about the Principal and School Counselor Relationship: ELCC 2.1a. Retrieved from https://eric.ed.gov/?id=EJ973792

Fitch, T., Newby, E., Ballestero, V., & Marshall, J. (2001, December). Future School Administrators' Perceptions of a School Counselor's Role. Counselor Preparation, 41,  88-99. Retrieved from http://content.ebscohost.com/ContentServer.asp?EbscoContent=dGJyMNHr7ESeqLY4zdnyOLCmr1Cepq9Ss6m4SbaWxWXS&ContentCustomer=dGJyMPGutk 2prNJuePfgeyx43zx1 6B&T=P&P=AN&S=R&D=eue&K=507727091


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