Legal and Ethical Issues in School Counseling

1387 Words3 Pages

The topic of this paper focuses on the battles school counselors face as the law and ethical standards collide. School counselors face a number of legal and ethical issues and recognizing a clear decision isn’t always easy. School counselors have to work with a large number of students, parents, and administrators while conforming to ethical codes, state laws, and school board guidelines. This topic is of great relevance to me as I will be going into the school counseling profession. It is also a meaningful topic to me because life-changing decisions are made every day in reference to legal and ethical issues. Researching this topic has shed some light on the difficulty for school counselors to fulfill both legal and ethical requirements. The main reason for this is that laws and ethical codes may sometimes provide differing and contradictory messages regarding the same subject. This can lead to legal ramifications, even while following ethical norms as we will look at in the example case of Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008).
In Woodlock v. Orange, the school counselor, known as N.W., was advocating for systemic change on behalf of her special education students. This was well within the code of ethics. N.W. was repeatedly expressing her concerns to the administrative intern and principal. Her primary concern was a lack of certified gym and art instructors, which violated state special education mandates and the children’s IEPs. She raised other safety concerns to the administration with little to no response. She began to document all of her interactions with the administration, leading to a written reprimand issued to her by the principal. This reprimand stated that N.W. was “taking it upon yourself t...

... middle of paper ...

...l Counselors. Professional School Counseling, 195-202. Retrieved March 12, 2014, from www.schoolcounselor.org
Kress, Victoria, Drouhard, Nicole. (2006). Students Who Self-Injure: School Counselor Ethical and Legal Considerations. Professional School Counseling, 203-208. Retrieved March 12, 2014, from www.schoolcounselor.org
Moyer, M., & Sullivan, J. (2008). Student Risk-Taking Behaviors: When Do School Counselors Break Confidentiality?. Professional School Counseling, 11(4), 236-245. Retrieved March 12, 2014, from http://dx.doi.org/10.5330/PSC.n.2010-11.236
Stone, C. B., & Zirkel, P. A. (2010). School Counselor Advocacy: When Law And Ethics May Collide. Professional School Counseling, 13(4), 244-247. Retrieved March 12, 2014, from http://dx.doi.org/10.5330/PSC.n.2010-13.244
Devoe, Andrea. Personal interview. 8 Apr. 2014. Weaver Middle School, Merced Ca. 209-723-2174

Show More
Related

  • Elementary School Case Study: Frugis V. Bracigliano

    1190 Words  | 3 Pages

    This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are

    Read More

  • School Psychologist Case Study

    1038 Words  | 3 Pages

    I believe the school psychologist was not acting ethically. According to Standard I.1.1, "parent consent is required if the consultation about particular child or adolescent is likely to be extensive and ongoing and/or if school actions may result in a significant intrusion on student or family privacy beyond what might be expected in the course of ordinary school activities." Since the counseling group would be considered "extensive", the school psychologist needs a formal approval or denial of the services she intends to provide. The school psychologist also decided to send a letter explaining what the counseling session. While the letter does seem to provide extensive information on the sessions, the school psychologist has no way to know if the parents received the letter, or if the

    Read More

  • Ethics of Group Counseling

    1106 Words  | 3 Pages

    Huey, W. C. (1986). Ethical Concerns in School Counseling. Journal Of Counseling & Development, 64(5), 321.

    Read More

  • ASCA Ethical Standards

    1470 Words  | 3 Pages

    When a student shows signs of suicidal ideation or thoughts of harming others, the ASCA Ethical Standard provides guidance for Professional School Counselors concerning the mitigation of this situation. The ASCA Ethical Standards state that when students express harm to self or others, parents or legal guardians, and/or authorities must be notified (ASCA, 2016). In addition, the ASCA states school counselor must cautiously use risk assessment so intervention can be created. School Counselors must ensure when they are speaking with parents that they do not negate the risk of harm (ASCA, 2016). Counselors are not permitted to release a student who is considered at risk until support personal is present (ASCA, 2016). All federal, state,

    Read More

  • Ethical Dilemmas Of A School Counselor

    1386 Words  | 3 Pages

    The school setting makes this task quite daunting since “a culture of open communication regarding student information is quite common among educators in school settings” (ARTICLE P337). Even so, it is important to disclose only the most vital information so as to not jeopardize one’s job duties nor compromise one’s ethics. When taking in a situation in its entirety, a school counselor must dissect all of the information given and only release what is absolutely necessary in order to take action – if any action is needed. The relationship of trust between the school counselor and the minor student must be kept intact and remain unaffected at all cost. Releasing too much information would create mistrust and separation between the two, leaving the student with no one else to turn to.

    Read More

  • Counselor Ethical Dilemma

    1003 Words  | 3 Pages

    Using the IMED the counselor would first recognize that CRW elements exist within the ethical dilemma and then identify them. For example, Ana got a bad grade on the math test after she had been given supports, and that may make her father feel as if she is bringing shame to the family. Next, the counselor would take into account the school policies and procedures, and ethical and legal issues such as that any abuse or suspected abuse must be reported to child protective services (State of Hawaii, 2007). Additionally, the counselor must take into consideration the ethical codes that would apply to this case. The counselor would consider the limits of confidentiality, such as American Counseling Association ([ACA] 2014) ethical standard B.2.a, and American School Counselor Association ([ASCA] 2010) ethical standards A.2.c and A.2.d, which all ethically support a counselor’s breach of confidentiality when there is foreseeable harm to the student. The counselor must also recognize the student’s developmental and chronological age when determining the risk of harm to the student (standard A.2.c [ASCA, 2010]). Next, the

    Read More

  • Search And Seizure In Schools Essay

    1500 Words  | 3 Pages

    Bosher, William, Kate Kaminski, and Richard Vacca. The School Law Handbook: What Every Leader Needs to Know. Alexandria: ASCD. 2003. Brown, Frank, et al. Key Legal Issues for Schools.

    Read More

  • The Ethical Decision Making Model: The Kitchener Critical Evaluation Model

    1020 Words  | 3 Pages

    This model identifies five moral principles which are: justice, autonomy, beneficence, non-maleficence, and fidelity. These fundamental guidelines are used to clarify issues that involve any given situation. Ethical guidelines may not address all situations, but will allow a counselor to explore ethical dilemmas and conflicting issues. Counselors are responsible to encourage clients to make their own appropriate decisions and to act on their own values. Two important things to consider when counseling client are: autonomous encouragement helps clients understand how their decisions and values that may or may not receive within the context of the society; they live in or may impinge on the rights of others (Kitchener,

    Read More

  • Religion Issues in Public School

    1852 Words  | 4 Pages

    ...s. In Fossel, M. & Holstein, N.(Eds.), School Law and the Public Schools: A Practical Guide for Educational Leaders (5th ed.)

    Read More

  • Ethical Issues In Counseling

    1132 Words  | 3 Pages

    A counselor should always keep their thoughts to themselves and remain open-minded about the situation. The only time a counselor should share their thoughts is if it helps the client with their situation that they are dealing with. “Counselors must practice only within the boundaries of their competence (Standard C.2.a.), and, if they “determine an inability to be of professional assistance to clients” (Standard A.11.b.), they should facilitate a referral to another provider. (Kocet, M. M., & Herlihy, B. J. (2014). Addressing Value-Based Conflicts Within the Counseling Relationship: A Decision-Making Model. Journal Of Counseling & Development, 92(2), 180-186 7p. doi: 10.1002/j.1556-6676.2014.00146.x).” Keeping your thoughts to yourself is

    Read More

  • Counseling: Ethical Issues

    1774 Words  | 4 Pages

    Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be happening in a counseling setting and serves to inform the client to their rights, responsibilities, and what to expect. Most importantly, the informed consent is in place for the client’s benefit. It also is important to understand that culture and environment play a role in the treatment of a client and how theories can positively or negatively impact this treatment. Therapists need to understand how to work within the context of a theory while being able to understand the individual in their own environment. Although theories are put into place to serve as a framework, there are also alternative ways to approach counseling, one example being evidence-based practice. Such an approach is very specific, which presents a series of solutions for counseling as a whole, but also brings forth many problems. Every approach or theory introduces ethical concerns that need to be taken into consideration by the entire counseling community and how each can positively and negatively affect clients and the pr...

    Read More

  • The ACA Code Of Ethics In Group Counseling

    1181 Words  | 3 Pages

    Ethics is important for both group and individual counseling, especially group counseling. Both are beneficial; however, group counseling allows a counselor to work with a small-to-medium size group of people who share similar struggles. Members have the ability to learn from one another. Ethics in group counseling is crucial because the counselor or group leader is not only responsible for one person’s personal struggles, but the struggles of multiple people within the group. Counselors and group leaders must emphasize confidentiality in group counseling sessions, unless what a person is sharing is a danger to themselves or others, or against the law. Group counseling has many positives; however, it is important

    Read More

  • Comparing James Arthur's 'Legal And Ethical Responsibilities'

    693 Words  | 2 Pages

    Legal and ethical issues create one of the greatest dilemmas for teachers. Because many teachers enter the teaching profession to make a difference in students’ lives, they will inflict their morals and ethics upon students. Teachers will also encounter situations where a law or regulation conflicts with a teacher’s personal values and wonder what to do. James Arthur attempts to help explain to teachers the line between morals and the law and how to handle such situations in his article, Your Legal and Ethical Responsibilities.

    Read More

  • The Philosophy of Education

    1698 Words  | 4 Pages

    The purpose of guidance counseling is to help students achieve happiness and success within their social and educational context. For young children this involves adaptation to the educational environment, and addressing any social or family problems that may interfere with the child's psychological health. For older children choice of career based on interest and ability takes precedence, although serious problems such as alcohol or drug abuse, sexual abuse or domestic violence situations, bullying and other situations that lead to severe stress are also addressed. The successful school counselor is one who takes the role of a loving parent, concerned and empathetic, able to listen and win the trust of students and with the time and self-confidence to make a difference in their lives.

    Read More

  • The Causes and Effects of Pressure on Students to Get Good Grades

    1375 Words  | 3 Pages

    Some students admitted to hurting themselves on purpose because of being stressed or upset by banging their head or body on an object, cutting themselves, stabbing themselves, as well as hitting, biting, or burning themselves (Blazer, 2010). When the effects of the pressure and stress on students is this drastic, it is extremely important that something is done about it. Its time that students were encouraged to become well-rounded individuals instead of focusing on having a perfect GPA. Its time to make school something that the students can look back on and think that it was a meaningful time where they learned a lot about life instead of a time where they thought they would have a break down because they got a low score on a test. School should be a time to make mistakes in a safe environment that they can learn from, not a place where they are petrified to make a mistake for fear of retribution on their grade cards.

    Read More

More about Legal and Ethical Issues in School Counseling

Open Document