Working with State Educator Codes: Issues and Challenges Dr. Gloria Dansby-Giles, Professor of Counselor Education, Jackson State University Dr. Frank Giles, Professor of Rehabilitation Counseling and Director of the Long Term Training Grant

Objectives To explore the purpose of state educator codes. To identify key sections of the educator ethics code that may apply to school counselors; To identify current issues, challenges and questions from school counselors with regard to the revised state ethics code;

Objectives To identify information that you would add to your informed consent form that you distribute to students and parents.

Purpose of State Educator Codes Many teaching professional associations have codes of ethics. Examples- National Educational Association, Association of American Educators. The code of ethics can only be enforced for members of the association.

Purpose of State Educator Codes Many state educator codes of ethics are written into state law. This provides a means of enforcement that is not based on membership in an organization.

Key Sections of the Revised MECESC in Working with Students Standard 4: Educator/Student Relationships Standard 9: Maintenance of Confidentiality Other standards might also be considered based upon the circumstances.

Standard 4: Educator/Student Relationships 4.1.a Fulfilling the roles of mental and advocate for students in a professional relationship. 4.1.b. Nurturing the intellectual, physical, emotional, social and civic potential of students; 4.1.c. Providing an environment that does not needlessly expose students to unnecessary embarrassment or disparagement;

Standard 4: Educator/Student Relationships 4.1.d. Creating, supporting, and maintaining a challenging learning environment for students.

Standard 4: Educator/Student Relationships 4.2.a. Committing any act of child abuse 4.2.b. Committing any act of cruelty to children or any act of child endangerment 4.2.c. Committing or soliciting any unlawful sexual act 4.2.d. Engaging in harassing behavior on the basis of race, gender, national origin, religion or disability

Standard 4: Educator/Student Relationships 4.2.e. Furnishing tobacco, alcohol, or illegal/unauthorized drugs to any student or allowing a student to consume alcohol or illegal/unauthorized drugs 4.2.f. Soliciting, encouraging, participating or initiating inappropriate written, verbal, electronic, physical or romantic relationships with students.

Standard 4: Educator/Student Relationships Examples of these acts may include but not be limited to: 1. sexual jokes 2 sexual remarks 3. sexual kidding or teasing 4. sexual innuendo 5 pressure for dates or sexual favors

Standard 4: Educator/Student Relationships 6. inappropriate touching, fondling, kissing or grabbing 7. rape 8. threats of physical harm 9. sexual assault 10. electronic communication such as texting 11. invitation to social networking

Standard 4: Educator/Student Relationships 12. remarks about a students body 13. consensual sex.

Standard 9: Maintenance of Confidentiality An educator shall comply with state and federal laws and local school board policies relating to confidentiality of student and personnel records, Standardized test material, and Other information covered by confidentiality agreements.

Standard 9: Maintenance of Confidentiality 9.1. Ethical conduct includes, but is not limited to, the following: A. keeping in confidence information about students that has been obtained in the course of professional services unless disclosure serves a legitimate purpose or Is required by law.

Standard 9: Maintenance of Confidentiality 9.1.b. Maintaining diligently the security of standardized test supplies and resources. 9.2 Unethical conduct includes, but is not limited to, the following: 9.2.a. sharing confidential information concerning student academic and disciplinary records, health and medical information, family status/income and assessment/testing results unless disclosure is required or permitted by law.

Standard 9: Maintenance of Confidentiality 9.1.b. Violating confidentiality agreements related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers, Discussing test items, and violating local school board or state directions for the use of tests.

Standard 9: Maintenance of Confidentiality 9.1.c. Violating other confidentiality agreements required by state or local policy.

Key Sections of State Ethics Codes with Potential Issues Regulations covered in the MECESC that are not addressed in counseling code of ethics such as Electronic communication, Unauthorized drugs or alcohol Reporting of anyone else who is violating the MECESC. Add these to a written informed consent statement.

Current Issues and Challenges with State Ethics Codes Many counselors are certified and/or licensed by other entities with different ethical standards. They are required to know the various ethical standards that apply to them and comply. Sometimes the standards may conflict with each other.

Current Issues and Challenges with State Ethics Codes It is the school counselors responsibility to identify the challenges within the standards.

Audience Participation- Identify Issues and Challenges

Informed Consent-ASCA Ethical Standards for School Counselors A.2. Confidentiality A. Professional school counselors inform students of the purposes, goals, techniques and rules of procedure under which they may receive counseling.

Informed Consent- ASCA Ethical Standards for School Counselors, 2010 Disclosure includes the limits of confidentiality in a developmentally appropriate manner. Informed consent requires competence on the part of students to understand the limits of confidentiality and therefore, Can be difficult to obtain from students of a certain developmental level.

Informed Consent- ASCA Ethical Standards for School Counselors, 2010 Professionals are aware that even though every attempt is made to obtain informed consent it is not always possible and When needed will make counseling decisions on students behalf.

Items Included within Informed Consent Forms Welcome Statement Goals of School Counseling Mission of the school or school district School Counselors Background Compliance with ethical standards Benefits/Risks to Counseling

Items Included within Informed Consent Forms Exceptions to confidentiality Acknowledgement statement Right to ask questions Discussion with school counselor and/or parent or guardian

Items Included within Informed Consent Forms Referrals Testifying in Divorce or custody cases

Scenario You are a school counselor who is certified as guidance counselor by the Mississippi Department of Education. You also hold certifications and licenses as____.

Scenario After reviewing the Revised Mississippi Educator Code of Ethics and Standards of Conduct (2011), You have decided to add the following items to your written informed consent form that you distribute to students and parents about the counseling process at your school.

Scenario Would you include statements about what you can and can not do as a result of the Revised Mississippi Educator Code of Ethics and Standards of Conduct? Why? Why not? How can you make the language developmentally appropriate?

Scenario Statements that you would add are:

Closing They always say time changes things, But you actually have to change them yourself. Andy Warhol ( )

Closing The only sense that is common in the long run, Is the sense of change- And we all instinctively avoid it. E. B. White ( )

Closing Things do not change; We change. Henry David Thoreau ( ) Walden (1970)

Questions/Comments