Legal and Ethical Issues for School Counselors The Transformed School Counselor Chapter 6 ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Professional Ethics All school counselors are governed by the American School Counselor Association (ASCA) code of ethics. Ethics are the customs, mores, standards, and accepted practice of a profession. Ethical codes are an attempt by the profession to standardize professional practice for the purpose of protecting students and school counselors as well. School counselors have a responsibility to know the codes and what constitutes ethical practice for the reasonably competent professional. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Ethics and the Law Laws are the minimum standard that society will tolerate. The ethics of the profession help school counselors aspire to exceptional care but the courts do not demand this level. Standard of care is the benchmark the courts use to determine the actions of the reasonably competent professional school counselor. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

An Ethical Decision-Making Model 1. Identify the emotional reaction. 2. Examine the facts. 3. Review the relevant ethical guidelines. 4. Consider parental rights. 5. Consider the setting. 6. Consider the chronological and developmental levels. 7. Identify the nature and dimensions of the problem. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Ethical Decision Making continued… 8. Consult. 9. Consider possible and probable courses of action. 10. Examine the good and bad consequences of various decisions. 11. Implement your course of action. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

The Complications of Confidentiality in the Context of Schools School counselors must consider not only student rights but parental rights when approaching the issue of whether to protect or breach confidentiality. Informed consent is given at the beginning of the counseling session so that the counselee will know the purposes, goals, techniques, and rules of procedure of the anticipated counseling. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

The Complications of Confidentiality in the Context of Schools continued… Student Rights and Responsibilities Although students have an ethical right to confidentiality, the legal right belongs to their parents. Students must avoid unlawful behavior while on school grounds or under school supervision. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

The Complications of Confidentiality in the Context of Schools continued… Parent Rights and Responsibilities Parents have the right to be the guiding voice in their children’s lives in value-laden decisions. The Family Educational Rights and Privacy Act (FERPA) is a federal law that governs the disclosure of information from educational records and gives parents certain rights that include the rights to: Talk to teachers and school administrators about their children See their children’s educational records Decide if their children will participate in a questionnaire, survey, or examination regarding a parent’s personal beliefs, sex practices, family life, or religion ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Community Standards and School Board Policy School counselors have to understand the culture and the written and unwritten standards of the community, school district, and individual work site. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Confidentiality and Privileged Communication Most states do not grant counselors full privilege communication, which makes counselors incapable of testifying about information related in confidence. A few states grant partial privilege, which protects a counselor’s students by securing their confidences except when the counselor is required by a court of law to breach those confidences. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Ethics and Group Work in Schools Group work complicates confidentiality rights specifically because students may hear confidences about the private worlds of other students and their families. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Confidentiality and Informed Consent The ASCA codes tell us that confidentiality cannot be guaranteed in a group. In a group setting, counselors stress the importance of confidentiality, yet clearly state that confidentiality in group counseling cannot be guaranteed. Competence, voluntary participation and knowledge are necessary elements if students are to give informed consent to participate in a group. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Appropriate Topics for Group Work in Schools There are some topics that cannot be addressed adequately in schools, such as eating disorders. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Adequacy of Counselor Skills for Group Work It is unrealistic to expect school counselors to have all the skills and knowledge necessary for group work if the participating students face serious clinical issues. Resources can be managed to incorporate mental health support into schools or to get students help outside of schools. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Counselors’ Case Notes or Sole Possession Records Barring a court order to the contrary, under FERPA both parents have equal access to education records. One of the five categories exempt from the definition of education records under FERPA is “sole possession records.” To be considered sole possession records, case notes must meet three requirements: Private, created solely by the individual possessing it Created to be a personal memory aid Is not shared or accessible to any other person except the individual’s temporary substitute ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Rights for Non-Custodial Parents The court found that school districts have a duty to act in the best educational interest of the children, which means providing educational information to both parents, even if they do not have legal custody. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Negligence and Malpractice Involving Suicide Four elements must be present for negligence A duty must be owed by one person to another The duty that was owed was breached There must be sufficient legal causal connection between the breach of duty and the injury Injury or damages must be present The Code of Ethics for the ASCA permits disclosure of information when there may be clear and imminent danger to the student or others. The Seventh Circuit Court of Appeals ruled that a school district lawfully can punish a counselor for failing to report a student’s suicidal tendencies. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Letters of recommendation Some of the ethical considerations involving letters of recommendation are: Letters and confidential, sensitive information It is best practice to leave out sensitive, confidential information or to get student and parental consent to include such information Writing letters for problem students If a counselor feels that he/she cannot write a strong letter it is best to send the message to the student that your letter would not be helpful Supporting weak students Counselors can focus on a student’s stronger assets such as life skills when a standard letter will not help the student ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Negligence in Academic Advising The court explains that just as accountants and lawyers stand to gain financially from giving accurate advice, so do school counselors. Therefore, negligent misrepresentation can be applied to the school counselor-student relationship when erroneous advice means a student loses a lucrative scholarship. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Negligence in Abortion Counseling Counselors can assist students with these value-laden issues if they are competent to give such advice and if they proceed in a professional manner. School counselors can discuss options with their students, but they must refrain from coercion and imposing their values on a minor student in order to avoid liability for negligence. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Sexual Harassment School counselors are required by law to report to school officials any sexual harassment. A student’s request for confidentiality should be respected even if this hinders the investigation. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.

Child Abuse Reporting School Counselors are ethically, morally, and legally responsible to report suspected child abuse. Consider the fine line between “bad parenting” and abuse, but don’t be afraid to report in order to protect the child. ©2012 Cengage Learning. These materials are designed for classroom use and can be used for educational purposes only. Reproduction for commercial use is in violation of copyright laws.