The transformed school counselor chapter 6

Legal and Ethical Issues for School Counselors The Transformed School Counselor Chapter 6... The Complications of Confidentiality in the Context of Schools continued…  Although student

Legal and Ethical Issues for

School Counselors

The Transformed School Counselor

Chapter 6

 School counselors have a responsibility to know the codes and what constitutes ethical practice for the

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

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

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

The Complications of Confidentiality in the Context

of procedure of the anticipated counseling.

The Complications of Confidentiality

in the Context of Schools continued…

 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.

Student Rights and Responsibilities

The Complications of Confidentiality

in the Context of Schools continued…

 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

Parent Rights and Responsibilities

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.

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.

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.

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.

Appropriate Topics for Group Work in Schools

addressed adequately in schools, such

as eating disorders.

Adequacy of Counselor Skills for Group Work

the skills and knowledge necessary for group work if the participating students face serious clinical issues.

support into schools or to get students help outside of

Counselors’ Case Notes or Sole Possession Records

parents have equal access to education records.

education records under FERPA is “sole possession records.”

meet three requirements:

individual’s temporary substitute

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.

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

Letters of recommendation

 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

Some of the ethical considerations involving letters

of recommendation are:

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.

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.

Child Abuse Reporting

and legally responsible to report suspected child abuse

parenting” and abuse, but don’t be afraid to report in order to protect the child.