Currently, school districts in the United States face a challenge that poses an ethical threat to their communities. Mental health challenges for children and adolescents are at an all-time high. According to the National Survey of Children's Health, "In 2023, more than 5.3 million adolescents ages 12-17 years had a current, diagnosed mental or behavioral health condition. (HRSA, 2024) Yet our country's school communities lack proper mental health services due to a shortage of professional school counselors. The ASCA recommends that the student-to-counselor ratio be 250 to 1. (ASCA, 2022). However, according to Amy Rock, an author from Campus Safety magazine, the national average is 444 students per counselor. (Rock, 2023) This crisis leaves American schools vulnerable to ethical and possible legal complications.

As an aspiring school counselor in American schools, specifically Texas schools, I will address this challenge; mental health increases while mental health workers in education decrease, with the Texas Education Agency and the Director of Mental and Behavioral Health.

References:

ASCA. (2022). ASCA Ethical Standards for School Counselors. ASCA Ethical Standards for School Counselors; American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

‌

Maternal and Child Health Bureau | MCHB. (2025). Hrsa.gov. http://mchb.hrsa.gov

Rock, A. (2023, December 18). School Counselor Shortages by State and Its Impact on Students. Campus Safety Magazine. https://www.campussafetymagazine.com/news/school-counselor-shortages-by-state-impact-on-students/123130/

‌

‌

" Federal agencies are special government organizations set up for a specific purpose such as, the management of resources, financial oversight of industries, or national security issues. These organizations are typically created by legislative action, but may initially be set up by presidential order as well. The directors of these agencies are typically selected by presidential appointment." (Kenton, 2021)

The Department of Education is a cabinet-level executive branch agency overseeing education policy and administering funding for programs and individuals. The department's functions include supporting state and local education systems, promoting educational equity for all students, and providing grants and loans to higher education institutions and students. The Department of Education supports school districts, but it is not a governing agency for school counselors.

The American School Counselors Association is not a federal agency, but it is an American non-profit association that provides a national model for school counselors to serve better the students they guide. (USAfacts, 2025)

STATE AGENCY

State governments have a broad range of powers that include the power to establish and maintain local government, the power to regulate commerce within the state, the power to tax and spend money, the power to regulate the use of land and natural resources within the state’s boundaries, and the power to create and enforce state laws.(Life, 2023)

The state agency that governs school counselors is the Texas Education Agency.

"The Texas Education Agency is the state agency that oversees primary and secondary public education. The Texas Education Agency improves outcomes for all public school students in the state by providing leadership, guidance, and support to school systems." (TEA, 2020)

The federal law aligns with my topic.

H. R. 6214

"To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers."(Clark, 2021)

https://www.congress.gov/bill/117th-congress/house-bill/6214/text

State law

The state law aligns with my topic.

Texas Education Code 33.002.b

" A school district with 500 or more students enrolled in elementary school grades shall employ a school counselor certified under the rules of the State Board for Educator Certification for each elementary school in the district. A school district shall employ at least one school counselor for every 500 elementary school students in the district.(c) A school district with fewer than 500 students enrolled in elementary school grades shall provide guidance and counseling services to elementary school students by:(1) employing a part-time school counselor certified under the rules of the State Board for Educator Certification;(2) employing a part-time teacher certified as a school counselor under the rules of the State Board for Educator Certification; or(3) entering into a shared services arrangement agreement with one or more school districts to share a school counselor certified under the rules of the State Board for Educator Certification."

(Education Code Chapter 33, n.d.)

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

One federal statute aligns with my topic.

Every Student Succeeds Act

https://www.ed.gov/laws-and-policy/laws-preschool-grade-12-education/every-student-succeeds-act-essa

The ESSA requires schools to meet the standard that every student has an equal opportunity for success. (U.S. Department of Education, 2025)

"A primary goal of the ESSA is preparing all students, regardless of race, income, disability, ethnicity, or proficiency in English, for a successful college experience and fulfilling career. Therefore, ESSA also requires schools to offer college and career counseling and advanced placement courses to all students.

(Wikipedia contributors, 2019)

The ESSA Act focuses on student equality for learning success. No matter the disability. If a mental health challenge is the student's disability and is the cause for academic failure, the ESSA Act enables cause for school districts to design and deliver mental health services to ensure this population of students has the opportunity for success. This could mean hiring more counselors, contracting with outside mental health organizations, providing teacher mental health training opportunities and certifications, and or collaborating with licensed counselors for student referrals.

Administrative Law

Department of Education

https://www.ed.gov/

The Department of Education is an education ministry, a national or subnational government agency, politically responsible for education.

(Wikipedia contributors, 2025)

References:

U.S. Department of Education. (2024). U.S. department of education. Ed.gov. https://www.ed.gov/

‌

U.S. Department of Education. (2025, January 14). Every Student Succeeds Act (ESSA). U.S. Department of Education. https://www.ed.gov/laws-and-policy/laws-preschool-grade-12-education/every-student-succeeds-act-essa

List of education ministries. (2023, December 23). Wikipedia. https://en.wikipedia.org/wiki/List_of_education_ministries

‌

While my research was unsuccessful finding common/case laws that align with my topic. I did discover findings within the American School Counselors Association published research and recommendations.

https://www.schoolcounselor.org/About-School-Counseling/School-Counselor-Roles-Ratios

"Since 1965, ASCA has recommended a student-to-school counselor ratio of 250:1.

Several studies have noted that smaller ratios support increases in standardized test performance (Parzych et al., 2019), attendance (Carey et al., 2012), GPA (Goodman-Scott et al., 2018) and graduation rates (Lapan & Gysbers, 2012), as well as decreased disciplinary infractions (Carrell & Carrell, 2006; Lapan et al., 2012). Additional studies have shown that lower ratios also increase the likelihood of students having conversations with school counselors regarding college-going and postsecondary plans (Bryan et al., 2009; Danos, 2017; Engberg & Gilbert, 2014; Hurwitz & Howell, 2013; Woods & Domina, 2014; Lapan et al. 2019). Further, in an ASCA-grant-funded meta-analysis of student-to-school-counselor ratio outcome studies, Kearney et al. (2021) found that a one standard deviation change in the ratio is likely to result in a 6% standard deviation in student outcomes, especially in terms of improving attendance, decreasing disciplinary infractions, and increasing high school graduation. " (ASCA, 2025)

References:

American School Counselor Association. (2025). School Counselor Roles & Ratios . Www.schoolcounselor.org;

‌

There is no Federal Law that aligns with my topic. There is a state mandate that aligns with my topic.

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

TEXAS EDUCATION CODE

Title 2: Public Education

Chapter F: Curriculum, Program, and Services

Subchapter 33: Service Programs and Extracurricular Activities

Subchapter A: School Counseling and School Counseling Programs

33.002. b.

(b)  A school district with 500 or more students enrolled in elementary school grades shall employ a school counselor certified under the rules of the State Board for Educator Certification for each elementary school in the district.  A school district shall employ at least one school counselor for every 500 elementary school students in the district.(c)  A school district with fewer than 500 students enrolled in elementary school grades shall provide guidance and counseling services to elementary school students by:(1)  employing a part-time school counselor certified under the rules of the State Board for Educator Certification;(2)  employing a part-time teacher certified as a school counselor under the rules of the State Board for Educator Certification; or(3)  entering into a shared services arrangement agreement with one or more school districts to share a school counselor certified under the rules of the State Board for Educator Certification.(Education Code 33, n.d.)

References:

EDUCATION CODE CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES. (n.d.). Statutes.capitol.texas.gov. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

‌

Denver City ISD

Board Policy Manual

FFEEA: Counseling and Mental Health: Counseling

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1269&code=FFEA#legalTabContent

Family Code; 32.004.a

A school counselor shall work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association.

The school counselor shall design the developmental guidance and counseling program to include:

A guidance curriculum to help students develop their full educational potential, including the student's interests and career objectives.

A responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk.

An individual planning system to guide a student as the student plans, monitors, and manages the student's own educational, career, personal, and social development.

System support to support the efforts of teachers, staff, parents, and other members of the community in promoting the educational, career, personal, and social development of students. (DCISD Board Policy Manual, Policy Online, 2025)

Local Administrative Policy #2

Denver City ISD

Board Policy Manual

FFEB: Counseling and Mental Health: Mental Health

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1269&code=FFEB#legalTabContent

Education Code 5.001(1-5)

The Texas Education Agency (TEA), in coordination with the Health and Human Services Commission and regional education service centers (ESCs), shall provide and annually update a list of recommended best practice-based programs and research-based practices in the areas specified below for implementation in public elementary, junior high, middle, and high schools within the general education setting. Each district may select from the list a program or programs appropriate for implementation in the district.

Subject Areas

The list must include programs and practices in the following areas:

Early mental health prevention and intervention;

Building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;

Substance abuse prevention and intervention;

Suicide prevention, intervention, and postvention;

Grief-informed and trauma-informed practices;

Positive school climates;

Positive behavior interventions and supports;

Positive youth development; and

Safe, supportive, and positive school climate.

"School climate" means the quality and character of school life, including interpersonal relationships, teaching and learning practices, and organizational structures, as experienced by students enrolled in the district, parents of those students, and personnel employed by the district. (DCISD Board Policy Manual, Policy Online, 2025)

Topic:

Mental Health Increase in School-Age Students and School Counseling or Mental Health Worker Decrease

The preferred solution to decrease the risk of student mental health challenges would be for schools to employ school counselors and or mental health care professionals that align with the recommended student-to-counseling ratio, stated in the earlier slide, 250 students to one school counselor.

However, not all school districts have the funding to support this ratio, or their state laws exceed the 250 to one ratio.

Funding will more easily come to districts if they can show the students' needs.

Risk Management

#1 Make Data-Driven Decisions. Developing mental health models in schools is a preventive measure by which mental health professionals analyze data ahead of time and design programming based on need. This approach allows stakeholders to assess the needs and develop services that truly address the academic, social, and emotional gaps. Schools should create programming based on their students’ needs. (King-White, 2018)

#2 Collaborate to Address Student Needs

A collaboration among colleagues is imperative when developing mental health models in schools. School counselors, mental health therapists, school psychologists and school nurses are the professionals most often tasked with delivering mental health services to students in schools. (King-White, 2018)

#3 Provide a Tiered System of Support

A tiered system of support for delivering mental health services also provides different levels of care to support students to succeed academically.

• Tier 1-Tier one is the universal level of support in which all students have access to mental health services in a school setting. Within tier one, trauma-informed classroom methods are introduced to teachers, administrators and staff. Tier one includes implementation of a social/emotional curriculum for all students that is preventive in nature and that supports academic achievement by addressing social and emotional barriers. (King-White, 2018)

• Tier 2-Tier two is where targeted interventions are identified for students who need additional mental health support to eliminate barriers that are affecting them academically. Selective interventions are provided to students who exhibit behaviors that are hindering them. Mental health and other services provided at the tier-two level consist of small groups, classroom behavior management strategies for teachers and staff, individual counseling and additional professional development for stakeholders related to social and emotional barriers to academic achievement. Collaboration among the team is extremely important. (King-White, 2018)

• Tier 3-he third tier is the most personalized, with intensive strategies provided based on the student’s needs. Typically, this is done through a comprehensive process in which key stakeholders gather to collaborate and strategize about the needs of the student. The team should consist of the mental health team members, the student, the student’s parents or guardians, teachers, administrators and outside agencies that work with the student and family.

  (King-White, 2018)

In a Campus Safety magazine article, author Amy Rock reports that the shortage of school mental healthcare workers and counselors is significantly impacting children as they struggle with their mental health at alarming rates. (Rock, 2023) School districts need funding to create better mental health programs and hire more mental health workers to carry out those programs. In 2021, Bill H.R. 6214 was introduced. If this bill had passed, elementary and secondary schools would effectively be staffed with mental health care service workers. This would be a game changer for many school districts, however, stakeholders need to understand their demographic needs. Implementing the above strategies could enable school districts to have a better picture of where their student population stands mentally. Having this knowledge can better prepare them for the mental health care they may need.

References:

Clark, K. M. (2021, December 9). Text - H.R.6214 - 117th Congress (2021-2022): Elementary and Secondary School Counseling Act. Www.congress.gov. https://www.congress.gov/bill/117th-congress/house-bill/6214/text

‌

Five strategies to develop mental health models in schools. (2018). Www.counseling.org. https://www.counseling.org/publications/counseling-today-magazine/article-archive/article/legacy/five-strategies-to-develop-mental-health-models-in-schools

‌

Rock, A. (2023, December 18). School Counselor Shortages by State and Its Impact on Students. Campus Safety Magazine. https://www.campussafetymagazine.com/news/school-counselor-shortages-by-state-impact-on-students/123130/

‌

A. 3. Comprehensive School Counseling Program

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

School counselors:

Provide students with a culturally responsive school counseling program that promotes academic, career and social/emotional development and equitable opportunity and achievement outcomes for all students.

Our country faces alarming mental health challenges in school-age children and is additionally confronted with a lack of mental health care personnel and programs. The ASCA's standard Comprehensive School Counseling Program is

Currently, I am unofficially working in the role of school counselor as our campus Student Guidance Support. We have 350 students on our campus from Pre-K through 2nd grade. I have struggled to maintain the balance of meeting the needs of all the students. Each time I connect with new ones, I am surprised at the anxieties they face due to enduring family trauma. This ethical standard student ratio recommended by ASCA creates challenges for most school counselors in Texas because Texas Education Codes require the student-to-counselor ratio to be twice as high. There isn't any consistency. I am left feeling frustrated because we currently face budget restraints at our district level. I will advocate for best practice and try to comply with ASCA's student-to counselor ratio, however with budget restraints, I fear my district will seek the compliance of of our state codes, such as, TEC 33.002.b where I will find myself providing services for students of 500 less effectively.

Student to Counselor Ratio

1. ASCA recommends the student-to-counselor ratio be 250 to 1.

2. If funding does not permit this,

   Texas state code requires student-to- counselor ratio to be 500 students to 1 full-time counselor

3. Seek district policies, they should comply with state codes.

4. Provide risk management through data-driven decisions.

5. Collaborate with stakeholders to

assess student needs

6. Provide a tiered system of support

7. Evaluate and communicate outcomes

to stakeholders.