School Counseling Ethics Amy W Upton Ph D

School Counseling Ethics Amy W Upton, Ph. D. , NCC, NCSC University of South Alabama Critical Issues in School Counseling Workshop September 14, 2018

Overview Challenges and considerations Professional Behavior 2016 ASCA Ethical Standards Current issues Ethical and Legal issues around LGBTQ Suicide Sexually Active Students Professionalism – Summary Ethical Decision Making Model

Difficulties/Considerations for School Counselors COMPLICATIONS (Stone , 2013) Counselor’s values (Biases, prejudices, and isms) Obligations beyond the student (parents/guardians, teachers, administration, school district & community) Minors developmental and chronological age (AL - majority– 19, consent (sex) – 16, consent (medical) – 14, abortion – 18) Privacy rights of minors Legal status of minors In loco parentis

cont. Community and institutional standards Academic instruction (setting and purpose) Trusting relationship Informed consent Opacity of laws and ethical codes Number of student-clients (ASCA 1: 250) Standards of care (what a reasonable counselor would do)

Counselor values Know your values and bias Grossman V. South Shore Public School District (2007) 7 th Circuit Court of Appeals Title VII discrimination School Counselor claimed RELIGIOUS HOSTILITY Court: Conduct not Religious Beliefs Refer if you can not set aside your values AND OBTAIN PROFESSIONAL DEVELOPMENT – Referring is not an ongoing option “IT IS UNETHICAL TO IMPOSE OUR VALUES ON STUDENTS; INSTEAD, OUR ETHCIAL IMPERATIVE GUIDES US TO PROMOTE STUDENT AUTONOMY” (Stone, 2001)

Balancing minors’ rights and parents’ rights School Counselors are called to “make reasonable efforts to honor the wishes of parents and guardians concerning information that he/she may share regarding the student” (ASCA, 2016). Parents/guardians hold the legal right of their children. The supreme court has upheld these parental rights for these stated reasons: Vulnerability of minors Minors inability to make informed competent decisions Parents are the guiding voice of their children.

Parent rights to information vs. student confidentiality 14 th Amendment extends rights to children as well as adults How much information should you share? Are you required to tell all?

Privacy rights of minors These rights belong to the parents The conflict between these rights and the ethical obligation of confidentiality can create ethical dilemmas Parents can limit our direct roles as counselors but they cannot keep us from checking on student welfare

Legal status of minors 18 is typically considered the age of majority although this can differ among states (Alabama is 19) Legal emancipation can allow an exception FERPA and transfer of rights to students at 18

In Loco Parentis This allows for schools and those employees to at time act in place of the parent, however, this does not mean in all areas

Community and Institutional Standards Ethics are situational and a School Counselor must consider the community standards in these schools in which they work. Although these standards impact our work, we DO NOT have to accept the status quo when these standards negatively impact student opportunities

Academic Instruction School Counselors work in a setting where the purpose is for academic instruction This impacts our roles and the dynamics of our relationships with students

Confidentiality and Informed Consent Trust is important to the relationship. How does a School Counselor maintain confidentiality and adhere to parents rights over students? Informed consent/assent – Confidentiality will be broken if: Student is a danger to self or others, there is a child abuse situation, or student or PARENT requests that information be revealed, and court orders

Professional Responsibility Standards of care (CODES, CREDENTIALING BODIES, SCHOOL BOARD OR AGENCY POLICIES, CIVIL LAWS, CRIMINAL LAWS, COURT CASES, EXPERT WITNESSES Federal and State Law School Board Policy Community Standards ACA Code of Ethics (2014) The ASCA Ethical Standards for School Counselors (2016) https: //www. schoolcounselor. org/asca/media/asca/Ethics/Ethical. Standards 201 6. pdf

ASCA Ethical Standards (2016) A. RESPONSIBILITY TO STUDENTS A. 1 Supporting Student Development A. 2 Confidentiality A. 3 Comprehensive Data-Informed Program * A. 4 Academic, Career and Social/Emotional Plans A. 5 Dual Relationships and Managing Boundaries A. 6 Appropriate Referrals and Advocacy A. 7 Group Work A. 8 Student Peer-Support Program A. 9 Serious and Foreseeable Harm to Self and Others A. 10 Underserved and At-Risk Populations A. 11 Bullying, Harassment and Child Abuse A. 12 Student Records A. 13 Evaluation, Assessment and interpretation A. 14 Technical and Digital Citizenship A. 15 Virtual/Distance School Counseling

B. RESPONSIBILITIES TO PARENTS/ GUARDIANS, SCHOOL AND SELF D. SCHOOL COUNSELING INTERN SITE SUPERVISORS B-1 Responsibilities to Parents/Guardians B-2 Responsibilities to the School B-3 Responsibilities to Self C. SCHOOL COUNSELOR ADMINISTRATORS/SUPERVISOR S E. MAINTENANCE OF STANDARDS

Issues in School Counseling and current trends Understanding your roles and responsibilities in the environment in which you work What is relevant for today’s school counselor?

LGBTQ and Gender Identity and Expression Safe school environment for all students (GLSEN) Wisconsin, 1996: Jamie Nabozny was awarded $962, 000 suicide attempts range from 20 to 40 percent (5 times higher) 1/3 are made within one year of their self-awareness hear anti-gay remarks 26 times a day 28 % will drop out of school Title IX – gender discrimination Arkansas, 1998: (Title IX) Willi Wagner – Fayetteville school district agreed to hold workshops and to take action against sexual harassment Yasmine Gonzales vs School Board of Okeechobee County (2008) - GSA clubs Dealing with legal matters surrounding students’ sexual orientation and gender Identity (National School Boards association, n. d. ) http: //www. nsba. org/sites/default/files/reports/Dealing%20 with%20 Legal%20 Matters%20 Surrounding %20 Students’%20 Sexual%20 Orientation%20 and%20 Gender%20 Identity. pdf Public Schools and Sexual Orientation, Guidelines (2007) http: //www. firstamendmentcenter. org/madison/wpcontent/uploads/2011/03/sexual. orientation. guidelines. pdf

Student Suicide Eisel v. Board of Education of Montgomery County, 1991 (Stone 2017)

Sexually Active Students/pregnancy/abortion Arnold vs. Escambia County Board of Education Constitutionally protected right to carry a child to term Separation of church and state and freedom of religion Involuntary servitude Hatsboro-Horsham School District Sued Pennsylvania School Counselor Helped a Child Get a New Jersey Abortion Cashed check Excused from school Drew a map

Community Standard In California, Connecticut, Massachusetts, New Jersey and New York, less than 10% live in counties that lack an abortion facility. 75 percent or more of the women in Arkansas, Kentucky, Mississippi, South Dakota, West Virginia and Wyoming must travel to another county to receive an abortion.

Professionalism - Summary Competence and Performance School District Policies Falsifying Records Prevailing Community Standards Professional and Personal Behavior Boundaries

F. ETHICAL DECISION MAKING The STEPS Model for School Settings (STONE, 2001) Define the problem emotionally and intellectually Apply ASCA and ACA codes and the Law Consider developmental and Developmental levels Consider the setting, parental rights and minor’s rights Apply Moral principals Determine potential courses of action and their consequences Evaluate selected action Consult Implement the Course of Action

References American School Counselor Association (2016). ASCA ethical standards for school counselors. Alexandria, VA: Author. Hermann, M. A. , Remley, T. P. , & Rock, W. D. , snf Reed, R. M (Eds. ). (2017). Ethical and legal issues in school counseling(4 th ed. ). Alexandria, VA: American School Counselor Association. Stone, C. (2017). School Counseling Principals: Ethics and law (4 th ed. ). Alexandria, VA: American School Counselor Association.