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Transformed Role of the School Counselor The role of the school counselor has broadened and integrated, so that the goals and delivery of the counseling program dovetail with those of the school as a whole. School counselors as educators recognize that school curriculum delivery and achievement standards are quantifiable media to address the access, attainment, and achievement goals of each individual student as well as the student body as a whole. Counselors also frame their approach with a basic premise that students who are given rigorous curricula and good support are capable of realizing their potential. Besides leading individual sessions and group workshops, counselors can participate in academic program planning. By integrating educational and counseling goals, counselors can provide the bridge between personal success and academic achievement. The counseling program can provide immediate assessment that describes the holistic achievement of the students.
Development of School Counseling Until the 1940s, school guidance counseling was primarily focused on helping students choose vocations suited to their personality traits. In the 1940's, Carl Rogers instigated a change in the professional focus from vocational to individual counseling. In the 1950s, professional organizations appeared, setting standards for school counseling training and the profession. The National Defense Education Act, a reaction to the start of the Cold War, changed the focus back to vocation as the U.S. government provided funding to increase the number of scientists and mathematicians in the arms race. In the 1960s and 1970s, the focus again shifted to individual support and developmental guidance. In 1987, a journal article defining the perception of school counseling as unnecessary prompted the profession to take on a holistic focus and to create national standards for training school counselors and for the professional activities of school counselors, in effect saving itself from becoming obsolete by both increasing its professional scope and taking an active interest in promoting and advocating for the profession.
Promoting Parental Involvement Parents are often hesitant about getting involved in school functions because they often feel that they are not important and that their opinions do not count. In some cases parents may have had a negative experience involving a principal or other school official. It is the responsibility of the counselor to make parents feel valued and important before discussing any type of involvement. An effective counselor knows the value of parental involvement and realizes that they must invite, recruit, and motivate all parents to get involved. When these efforts do not work, a counselor may have to offer incentives or rewards in order to get parents to take the first step toward involvement. Involving a parent does not mean they have to speak in public or put on a carnival; it could be as simple as donating time to repair something in the school.
Characteristics to Promote When Building a School Culture When a counselor is striving to build a school culture, it is important to promote certain characteristics. School culture consists of everyone: teachers, students, parents, and other staff members. One of the important traits is attention to the values of the members. One sign of an effective culture is the behavior of the members: that is, whether or not they are positive and upbeat. Another sign is whether teachers, students, and parents are interacting in a positive and effective way. A strong culture also respects the written and unwritten policies and procedures. In order for the counselor to truly understand the school's culture, they should take the time to perform group interviews, in order to accurately understand the issues of the school.
Responding to Negative Reactions to Authority When a counselor is faced with a negative reaction to authority, his or her first reaction may be to become defensive or upset. However, the appropriate way to handle this situation is to investigate and examine the reasons why others are responding this way. This may be a difficult reaction to have for many counselors. The feelings of hurt and anger are normal: however, an effective counselor knows how to put those feelings away and move on to the problem-solving stage. The challenge to authority can be a positive situation, especially if the causes are understood. The key to diagnosing the reasons for the negative reaction is to have a discussion with the parties involved. Every effort should be made to avoid putting anyone on the defensive, and every attempt should be made to understand the person's point of view.
Exercising Authority Successfully There are numerous reasons why people question and challenge authority. However, if a counselor follows certain guidelines, then this issue can be overcome. Counselors are obviously going to have to make some very difficult decisions and give directives to others. One consideration a counselor should decide on is how and in what style the directive will be given. It is important for a counselor to remember that regardless of how professional the directive was given, if the person who received it does not feel that it is in their best interest, there is going to be an issue of resistance. A counselor should also consider the strengths and weaknesses of the person before giving a directive. Issuing an order for someone who is not motivated will result in failure. They should also explain the rationale behind the directive and remember that not everyone may understand the value in it.
Importance of Self-Nurturing Counselors have an extremely difficult job: they must motivate, coach, lead, attend meetings, and maintain the mission and goals of the school. These job duties can be rewarding; they can also be emotionally draining. Many times this can cause burn-out among counselors, which can have a negative impact on the rest of the school. In order for a counselor to perform their responsibilities effectively, they must remember that they are individuals too, and take care of themselves. It is important for counselors to find a healthy balance between work and personal life. Sleep, relaxation, fitness, and a healthy diet will enable a counselor to be a well-adjusted person. When a counselor has found a way to balance their responsibilities, they become a healthier individual and a better role model for staff members, students, and parents.
Barriers to Effective Communication Every message a counselor sends out will be interpreted in different ways by every person who receives it. Many times, the message will not be successfully communicated simply because of factors outside the control of the counselor. Often, a counselor will send out a message they believe is extremely important, only to find that the recipients do not share the same opinion. Sometimes, the person receiving the message lacks the background knowledge needed to understand the message. Certain phrases or words require a base of knowledge to be understood. Understanding the group who will be receiving the message can help the counselor determine how the message should be written in order to help reduce the misunderstanding.
Enhancing School Culture Before a counselor can enhance a school culture, he or she must first achieve a good understanding and full knowledge of what the organizational culture is. After this has been achieved, the counselor can move on to enhancing the culture. If the school culture is not an effective one, it will be a challenge for the counselor to change it. The counselor must envision the future of the school: what is the goal that will make the school improve? A counselor must also make it a priority to meet the needs of the teachers and students. Enhancing the school culture will more likely be achieved if the counselor views a problem as an opportunity to find solutions rather than as a burden. It will also be enhanced if teachers are encouraged to use creative practices and are given opportunities to share their ideas and made to feel they are a vital part of the improvement of the school. The most important factor that will enhance school culture is a relentless focus on student achievement.
Scope of Practice of a School Counselor School counselors are not expected to engage in either diagnosis or long-term therapy with students. A student demonstrating out-of-the-ordinary behavioral problems of a complex nature is beyond the expertise level and scope of practice of a school counselor. Speaking to the parents will help give more context to the behavior and possibly shed light on potential causes and conditions: physical, social, or emotional. It is one of the ethical duties of a school counselor to inform and partner with parents in the care of children, and it's a practical first step in understanding familial conditions that may contribute to or potentially help solve the student's problem. Referral to a psychologist for assessment and diagnosis is a logical next step, and having the child's physical health checked by a doctor helps rule out medical conditions that might be contributing to or causing the behavioral problems. Seeing that the student's problems are beyond his or her ethical remit, the obligation is to facilitate. Primarily, the school counselor, rather than attempting diagnosis or treatment him/herself, becomes the person who liaises with family, teachers, and other professionals, assembling a treatment team that takes over the continuing care of the student.
Handling Conflict Between Formal and Informal Leaders When a school has a number of different leaders, there is a strong potential for conflict. There could be a disagreement on a wide variety of topics, and any type of conflict could make it harder for the counselor to build a unified organizational culture. The most important habit a counselor needs to cultivate is listening to both sides in order to understand the main issue of the conflict. There should be an opportunity for both the formal and informal leaders to voice their opinions and feel they are contributing. A counselor can use their influence to persuade one party of the direction that is more suitable to the overall school organizational culture. There is no one correct way of handling a situation like this; however, a counselor with strong conflict resolution skills can change a difficult situation.
Adolescent Risk Behaviors and HIV and AIDS The Center for Disease Control asserts that a tendency to have unprotected sex and multiple sex partners places adolescents at a greater risk of contracting HIV and the AIDS virus. The risk seems to be especially high for minority adolescents. Individuals are considered to be at special risk of contracting HIV if they are regular substance abusers, do not have much awareness of the risks of HIV, come from a poor and/or uneducated background, or have dropped out of school. In order to combat this problem, the CDC has developed a number of programs to continue providing education to students in both classrooms and community centers. Many of these programs specifically target minorities.
Adolescent Risk Behaviors and Sexually Transmitted Diseases Because they are more likely to engage in risky sexual activity with multiple partners, adolescents are more likely to contract a sexually transmitted disease. The CDC believes that adolescents are particularly at risk if they are frequent drug users and if they do not have access to contraceptives or to sex education. In order to meet the ongoing needs, the CDC has developed programs to present important information to adolescents so that they can protect themselves, as well as so that they can seek treatment if they do contract an STD. Part of the CDC's mission is to increase the level of parental involvement in the lives of adolescents. The CDC has published a number of statistics indicating that when parents actively supervise their children's lives, the children are less likely to engage in dangerous sexual behavior.
Addressing Child Abuse Counselors are required by federal mandate to report any cases of child abuse or neglect. This is mandated by the Keeping Children and Families Safe Act of 2003. If a counselor or other professional has reason to believe that abuse or neglect has occurred within 24 to 72 hours, she or he is obligated to call Child Protective Services (CPS) and report orally and in writing their suspicions within a time frame specified by the state. Note that if a report proves false, the counselor/professional is not liable unless the report was made with malicious intent. Child abuse can include physical abuse, mental injury, sexual abuse or exploitation, maltreatment of a child under 18 or the age specified by the state child protection law, and negligent treatment. Counselors should be knowledgeable of state and other mandates regarding the report of child abuse.
HIPAA and FERPA Regulations There are three key federal acts governing the disclosure of student records. The most significant is the Family Educational Rights and Privacy Act (FERPA) of 1974, which limits the disclosure of student records. The Privacy Rule of 2001 established national rights for privacy and security regarding health information, and these rights were in concert with FERPA. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 generated national standards regarding the privacy of individually identified health information, set criteria for health records, and delineated patients' rights. Any school records, including health records, that are protected under FERPA are not subject to HIPAA regulations, however, educators in special education may be required to obtain the services of outside professionals whose services are governed by HIPAA. Counselors should be knowledgeable and aware of regulations regarding the exchange of student information and when exceptions to FERPA are warranted by HIPAA or other law.
Developing Teaching Plans A teacher cannot be effective without properly planning every aspect of class. Good plans give a teacher confidence, security, and a definite direction in class. Teachers that are successful planners typically follow four steps when they plan an activity. First, they have a total understanding of the activity: what it will involve, what it is designed to teach, and what potential problems it might have. Next, the teacher imagines its implementation in the classroom, and makes whatever modifications to the environment are necessary. Then, the teacher evaluates the strengths and weaknesses of his or her class, and alters the activity to suit them. Finally, an effective teacher will create a mental image of the finished activity, and imagine exactly how it will be accomplished.
Case Studies Teachers can effectively use case studies to solidify conceptual knowledge that has been taught in a particular unit. In a case study, the teacher provides specific information, and students are required to analyze and evaluate the information. For example, students might be presented with a business plan and asked to describe its strengths and weaknesses. When developing case studies, a teacher should make sure that the information is comprehensible to all the members of the class and that no untaught concepts are required to perform an adequate analysis. It is also important to limit the amount of information given: too much data may confuse students and detract from the power of the exercise. Finally, teachers should ensure that there are some areas of the assignment that require creative thought, rather than simply recitation of the course material.
Syllabus A syllabus is essential for effectively organizing and administrating a class. Preparing a clear and detailed syllabus before the start of the school year allows teachers to be sure that all of the essential areas will be covered, that there will be enough variety among assignments to hold the interest of the class, and that all the students will understand the program and the expectations. A proper syllabus should include a defined aim for the course, clear assessment objectives, an outline of the assessment structure (that is, how students will be examined), the content of the curriculum, and a grading scale. The grading scale should include a sufficient description of the quality of work that merits each letter grade.
General Course Structure Although there is no one way to order the material of a course, some ways seem to make more sense than others. For instance, most teachers will want to begin the course with an overview of the general themes of the course, so that students will have an idea of the structure of the course and will be prepared for its various transitions. This process is enacted in miniature at the beginning of each lesson, as the teacher describes the rough elements of the material that will be covered during the class period. In most courses, there is a sequential order that must be followed; for instance, some elements of geometry cannot be taught until algebra has been learned. In other subjects, however, as for instance literature, a teacher will have more freedom to arrange course material according to improvised themes or narratives.
Differentiation In classes that consist of students with varying abilities, it is crucial for a teacher to practice differentiation: that is, distinguishing between students and adjusting the class material to engage all of them. This of course is a great responsibility for a teacher: more time must be spent planning, and teachers must guard against settling for lessons that appeal strictly to the middle level of the class. Besides differentiating between students, teachers must also differentiate between classes. Some classes may have a different 'character' than others, depending on the time of day when they are held and their composition. Differentiation is especially important in classes, because they are frequently available to all students, regardless of aptitude.
Tips Concerning Assignments in Class Teachers will typically assign students a task or series of tasks to solidify and assess learning. Class assignments encourage students to manipulate and analyze course material. When making assignments, teachers should make sure to have a clear idea of what knowledge they are seeking to reinforce. Assignments should have varying degrees of difficulty, such that the least able students can attempt everything and the most able students will feel challenged. If research is required to complete the assignment, the teacher should have established the means for the students to perform this research. Finally, teachers should always grade every particular part of an assignment separately, so that students will have a better idea of what is expected of them, and in what areas they need to improve.
Factors Indicating Effective Use of Affective Skills Some of the factors that can be used to measure how well-developed an individual's affective skills are include determining how well the individual receives emotional stimuli and how well the individual responds to those stimuli. It is also important to determine how easy it is for the individual to acknowledge the worth of a particular situation, relationship, or individual and whether the individual has an organized and well-conceived value system. An individual's ability to receive and respond to emotional stimuli can be measured by how aware the individual is of a particular stimulus, how willing the individual is to acknowledge that particular stimulus, and how focused the individual is on that stimulus. An individual's ability to assign value to a situation and uphold a value system can be measured by how motivated the individual is, how the individual behaves, and how consistent that individual's behavior is. For example, a student that always comes to class and clearly always pays attention may have well-developed affective skills.
Working Cooperatively with Other Educators and Mental Health Professionals School districts may employ or call upon numerous professionals in the endeavor to provide mental health services to students. These may include psychologists, school nurses, social workers, crisis intervention counselors, as well as staff educators and administrators. School counselors often form a part of this larger network of mental health professionals on the school campus, working with the same population of students. It is in the counselor's and program's best interest that school counselors develop and maintain a spirit of cooperation when working with these diverse groups of mental health professionals. It is not advisable, nor is it generally successful, to generate an attitude of superiority or a hierarchical stance when working with other professionals. Remember that all of the groups and individuals involved are striving for the same goal: the mental health of the students. By working cooperatively and inclusively, counselors can benefit from the support and expertise of those in peripheral professional positions.
Expectations When Reporting Suspected Child Abuse It is important to remember that the counselor is obligated to report suspicion of child abuse. Counselors who suspect child abuse and do not report it could lose their license or certification, face disciplinary action, and/or have their employment terminated. It is also significant to remember that an individual who reports reasonable suspicion of child abuse is not required to prove the abuse, but rather just to report suspicion. The law protects the individual who reasonably suspects child abuse. Also notable is that parents and guardians are not granted rights to information during this process, and should not be informed regarding the report. The department of social services and/or law enforcement agencies will contact the parents as appropriate and will conduct the investigation. Counselors should be knowledgeable about laws regarding child abuse, as well as school, district and other applicable procedures.
Legal and Ethical Obligations of School Counselors Counselors are obligated both explicitly and implicitly to treat each of their clients ethically and within legal boundaries. Counselors need to be aware of all federal, state, district and other institutional laws and mandates regarding school counseling. Counselors also should recognize the ethical obligation to be cognizant of current research and resources pertaining to issues that students will be dealing with in the counseling sessions. Although it is understandable that no one can know resources for all the possible situations facing students, it is nonetheless ethically required of counselors to endeavor to add to their knowledge as is reasonable, to best serve the students. Counselors who are beginning their careers may spend more time researching specific issues, but will become more knowledgeable about issues affecting students. Professional associations provide guidelines and sources for counselors regarding this aspect.
State and Federal Confidentiality Regulations Federal statutes generally address the right of a parent to access records of a minor student. Both state and federal mandates dictate that parents have the right of access to privileged information, although some state laws mitigate that right in the case of abuse or neglect. It is important for counselors to be cognizant of both federal and state statutes regarding the protection of information relating to minor students. Since federal law generally protects the right of parents to view their minor child's school records, counselors should probably keep counseling records separate from school records, in accordance with school and/or district rules. Awareness of both federal and state laws regarding confidentiality can impact not only a counselor's treatment of information, but also his or her approach to the counseling relationship, including informing both students and parents of these rulings.
Overarching Rule and Importance of Confidentiality in Counseling The general rule of confidentiality, as denoted by the American School Counseling Association, specifies that counselors be mandated to protect the confidentiality of the student unless there is indication of intent to harm self or others. It is important to both the student and the integrity of the counseling relationship that this confidentiality principal be explained in a manner that is aligned with the student's age group and ability to perceive the explanation. This confidentiality ethic needs to be explained to parents also. The benefits of clearly explaining issues of confidentiality include the student's trust to divulge sensitive information, as well as the parents' understanding of the ethical obligation of the counselor to protect the student's confidentiality. It is also important that the student understands the counselor's obligation to breach confidentiality if he or she fears the student will harm him/herself or others.
Approaching the Issue of Confidentiality with Students It is important that the student not only understands the tenets of confidentiality, but also feels comfortable with the counselor's obligations and respect of confidentiality issues. Younger students may participate in a counseling situation with their parents present, but it should be clearly explained to both parents and students that information divulged in a session without the parents will be protected. Although young students need to understand that this confidentiality can be breached in the presence of threat to self or others, it is more an assurance to parents to indicate that this aspect of confidentiality is in place. On the other hand, adolescent students are particularly sensitive to protection of their confidentiality, and it is important that they be aware of the criteria for breaching that confidentiality. To best respect the rapport established with an adolescent, a counselor could approach these criteria using humor or exaggerated examples.
ACA The American Counseling Association (ACA) is a professional organization that promotes the development of counselors, advances the counseling profession, and promotes social justice within the profession. Their scope is all professional counselors. The ACA seeks to apply the profession and practice of counseling to the purpose of promoting and respecting cultural diversity, while enhancing the overall quality of life in society. The ACA includes 18 divisions, which focus on particular areas or work settings within the counseling profession, four geographic regions and 56 affiliate branches. It actually is comprised of a partnership of associations. The ACA influences many aspects of professional counseling, including credentialing of counselors, accreditation of counselor education programs, public policy and legislation, and professional resources and services. The ACA, operating in part through committees, holds functions and develops specific programs for the advancement of the profession.
Standing Committees, Task Forces, and Outreach The following are the 15 standing committees of the ACA:
Research and Knowledge
Ad hoc task forces are created annually to address current concerns and business issues. Most task forces are brought together 1 year, but can stay together longer if needed. In that case, members must be re-appointed. The ACA offers training workshops, professional development conferences, and learning institutes. ACA publications address current research and are often used as textbooks in counseling courses.
ASCA, NBCC, and CACREP A subgroup of the ACA, the American School Counselor Association (ASCA), addresses those issues in professional counseling that pertain to students, with a focus on academic, personal-social, and career development issues. School counselors are particularly pivotal in the lives of students, in that long-term life success patterns are often closely tied to academic success and a positive school experience. The ASCA provides additional information to school counselors through professional development, research and advocacy. The NBCC, the National Board for Certified Counselors, is the only national credentialing organization for counselors. The Board also has established several specialty-area certifications requiring passage of the National Counselor Exam (NCE). A corporate partner of the ACA, the CACREP, the Council for Accreditation of Counseling and Related Educational Programs, establishes state-of-the-art standards for counselor education programs that address curriculum, program objectives, program evaluation, faculty and staff criteria and other requirements.
Ethical Standards in School Counseling Ethical standards are developed by most professional organizations, and are designed to direct the behavior of its members. The ethical standards for school counselors are frequently updated to reflect changes in the school system, usually at the federal level. These updated standards are revised in order to be relevant and appropriate for the school counseling profession. Ethical standards generally address the following three purposes:
The ACA's Code of Ethics is based on the following five moral principles: Autonomy: the ability to make independent decisions Justice: treatment that is fair and appropriate Beneficence: services and actions that are in the students' best interests Fidelity: commitment to the student regarding honor, loyalty and faithfulness Nonmaleficence: avoidance of actions or services that would cause harm to others
Laws Related to School Counseling Although laws are based on generally accepted norms, customs, values and beliefs, they are more binding and carry more severe penalties than ethical standards. Laws are codified into written governing documents. Laws are more prescriptive and require that counselors comply or be penalized. Both laws and ethical standards are designed to ensure that professionals follow appropriate behavior patterns and act in the best interests of the student(s). Laws and ethical standards should adhere to the same patterns and expectations, but if on occasion a law conflicts with an ethical standard, the counselor is encouraged to comply with the law. Counselors must advise the student if they encounter a situation where the laws and ethical standards are in conflict, and inform the student that they will follow the legal course of action, provided there is no harm to the student as a result.
Discrepancies in Ethics Codes There is some responsibility on the part of the school counselor to critically apply codes of ethics in his or her professional life. It is worth noting that there are minor differences in the codes of ethics published by different professional organizations, for instance between those published by the ACA for counselors in general, and by the ASCA for school counselors in particular. Counselors should be cognizant of the codes and any relevant disparities, and be prepared to apply the appropriate code based on both the counseling setting and capacity in which the counselor is operating. There are also, on occasion, ethical codes regarding a particular situation or relationship that seem to conflict with laws governing the same relationship or situation. Counselors are, within reason, obligated to adhere to the applicable law. However, counselors are encouraged to participate in the dynamics of setting ethical standards by initiating changes to mandates as appropriate.
ACA Code of Ethics Codes of ethics for the counseling profession generally apply to and are designed for actions and behavior that are best for the student, the situation, and the profession. These codes are reviewed and revised as appropriate. The most current revision in August 2005 addresses the following key areas:
ASCA Code of Ethics for School Counselors Since the ASCA falls under the organizational umbrella of the ACA, its Code of Ethics parallels that of the ACA in general scope of benefit to the student, the situation, and the profession. The ASCA Code is delineated more specifically through its eight major sections:
Counselors should treat each student with respect and consider the student's best interest. They should involve the parents when possible, and exhibit professional and ethical behavior. They should also maintain their expertise through continued learning and development. School counselors should be well versed in both the ACA Code of Ethics and the ASCA Code of Ethics. They should endeavor to incorporate the tenets of both in their professional lives, and carefully research both in the event of an ethical dilemma.
There are prescribed steps to take in the process of identifying & addressing an ethical problem. Both the ACA and the ASCA delineate these steps. The ACA model specifies:
The ASCA model specifies:
Legal Mandates for Professional Counseling Behavior There are numerous laws and levels of law governing the behaviors, expectations and limitations of school counselors. Counselors are obligated to follow the laws of their state, and those of the federal government. However, these laws may be further tempered by statutory laws, common laws and/or appellate decisions. Although counselors are not expected to be legal experts, they should nonetheless be cognizant of the federal and state laws governing their scope of responsibility. As needed, they should critically analyze relevant interpretations of the law, such as in common law. They should also refer to peripheral mandates and appellate decisions if a particular situation warrants the time and clarification of researching it to this extent. If counselors are researching appellate decisions, they should have a working knowledge of the appeal process in their particular state, and any relevant appeal procedures in other states, should the situation call for reference to precedent.
Statutory Law Governing School Counseling Generally speaking, federal law serves to enact the Constitution. Under this umbrella, state laws generally address education, health, and other comparable programs through mandates. These state mandates, the body of which is referred to as statutory law, are created through legislation passed by state legislatures and the U.S. Congress. State mandates generally are more specific and more prescribed than federal laws, although they cannot be more restrictive than federal law. State legislatures create state laws that implement federal legislation, as well as laws specific to the state. The federal government has also passed several laws, within the parameters of the Constitution, that affect professional school counselors and others in comparable fields. Because statutory law generally addresses issues related to health and education, school counselors should be well versed in relevant state law, but should also be aware of federal laws that can affect their profession.
Title IX Title IX was put in place in 1972. Its intent is to prevent the sexual discrimination that for most of the history of this country, blocked girls from educational opportunities open to boys. Title IX made it a law that any educational institution receiving federal funding is required to provide equal opportunities in education. One effect on school counseling would be the expectation that counselors encourage girls to participate in clubs and courses—areas that have been either openly (by school policy) or covertly (by harassment and intimidation) denied to them, such as advanced math, science, wood or metal shop, or chess clubs. Title IX also affected athletics, which had traditionally been a nearly all-male domain, with very few resources and little support accorded to female athletes. Title IX also supports male students who may want to enter fields considered nontraditional for males in this society, such as nursing, child care, or early education. Title IX also protects individuals from sex-based harassment or discrimination in federally funded public institutions such as museums, vocational rehabilitation organizations, and libraries.
Title IX of the Education Amendments of 1972 Scheduling required girls' physical education at the same time as Advanced Placement (AP) Physics would prevent girls from being able to attend the AP class, effectively excluding them based on their sex. Title IX of the Education Amendments of 1972 is the law that prevents schools receiving federal funding from denying students access to educational activities based on their sex. Schools that receive federal funding have to make sure that educational opportunities such as classes and academic clubs are not blocked to students because of their sex, and in a case where scheduling a single-sex class interferes with the potential for taking an advanced science class, even if the scheduling conflict is accidental, adhering to it violates Title IX.
Title II Title II (also called the Every Student Succeeds Act [ESSA]) is the federal funding program, signed in 2015 by President Barack Obama, that provides for increased professional development of teachers and administrators or school leaders (including counselors). It improved on the earlier No Child Left Behind Act, by changing the requirement that funds be used only for teachers of core academic subjects. ESSA funding covers a wider range of professionals and provides ongoing professional development in the form of grants. Title II recognizes that there is more to school than teachers and students: support staff and other professionals are also responsible for the well-being and education of students. Making sure that teachers and other school staff receive up-to-date training ultimately benefits students and the greater community by strengthening the school as a whole organism.
Incorporation of State Laws in Rulings and Guidelines of Education Governance Agencies In the broadest sense, governance is the interpretation and implementation of codified laws. Tailored to the school counseling profession, the state legislatures as a rule create legislation that addresses the field of education, from which state and local agencies interpret and implement rules and guidelines. The state boards of education generally enact regulations at the school district level that either address areas not specifically addressed in state legislation, or interpret it more specifically to that arena. These regulations or guidelines are not legally binding like legislation, but are representative of how agencies view certain circumstances. This interpretation is subject to the oversight of the state attorney general, particularly if a regulation is challenged. Local school systems may also develop guidelines and policies, tailoring state regulations to the local environment. Individual schools may further refine these policies, addressing the professional behavior of school counselors.
Incorporating Knowledge of Law in Professional Decisions For school counselors to act professionally and ethically, a basic knowledge of the laws governing their profession is expected. Beyond that, counselors should avail themselves of information regarding updates or interpretations of relevant law, and other pertinent data. Sources for this information can include on-site supervisors, ACA newsletters, professional journals, commercially available newsletters, the internet, etc. Counselors should recognize that the law and its interpretation are not static, and knowledge of the law needs to be maintained on an ongoing basis. Counselors also have the responsibility to implement and interpret the law reasonably. If state mandates appear to be in conflict with other regulations or ethical standards, counselors should apply common sense and critical thinking to the interpretation or application of the ruling. If this should occur, any decisions or actions should be documented carefully, and counselors should bring the conflict to the attention of appropriate parties as soon as possible.
Providing Current, Optimum Competence to Clients In addition to keeping abreast of laws and guidelines, counselors should include the following practices in order to provide current, optimum competence to their clients:
Response to Subpoenas Counselors may be served with subpoenas, relating to allegations of child abuse, neglect, custody disputes, etc. Counselors should recognize that subpoenas are legal documents, but should respond within the context of his or her obligation to the student and the school guidelines. Counselors should not violate a student's confidentiality beyond that mandated in the school guidelines. The subpoena should always be discussed with the student or the student's attorney, and in some cases the school attorney, before any information is provided to a legal entity. Once the appropriate council approves compliance with the subpoena, school counselors should then discuss how the release of information will affect all parties, and should obtain a signed informed-consent form in order to release necessary records. If, on the other hand, the attorneys do not approve the release of information, they should file a motion to quash, which will release the counselor from the obligation to respond. All actions should be clear and documented.
Legal and Ethical Parameters of Confidentiality Counselors are both legally and professionally committed to respect and protect students' confidentiality. The primary professional consideration relates to the establishment of trust with the student. Confidentiality essentially belongs to the student. It is his or her right and choice to disclose information. Counselors who respect this contribute to the cultivation of trust that is vital to the counselor-client relationship. However, if students are under 18, this legal right extends to the students' parents. In the case of counselors working with students under the age of 18, they can request that parents respect the student's confidentiality, but parents of minors are allowed to be present during the session(s). Nonetheless, whether a student is a minor or over 18, counselors can communicate with the students regarding their rights and responsibilities relating to confidentiality, such as whether it is optional that parents be informed.
Including Parents in Counseling Sessions with Minors The ideal situation regarding a minor student is if a student readily accepts and invites his or her parents to participate in the session(s). However, if this is not the case, there are steps counselors can take to ease the disclosure. Counselors should discuss confidentiality with students at the initial session, and let them know the legal parameters. Students may be hesitant to let parents know about their problems, for fear of the parents' reactions. Also, when broaching the subject of disclosure, counselors should be sensitive to the possibility of family secrets, sensitive information, cultural issues and other factors that could be problematic when including parents in counseling session. Counselors can work students to get them comfortable with the idea of including their parents, and can discuss reasonable boundaries before the parents are invited to participate. However, if minor students refuse to include their parents or to give permission to disclose information, counselors may be obligated to inform the parents without the student's permission.
Circumstances for Which Confidentiality May Be Breached There are certain circumstances, as outlined in the ACA Code of Ethics, whereby a counselor may break, and in some cases is obligated to break, student confidentiality. Generally, counselors may break confidentiality if a student is in danger of harming himself or herself or others, if there is indication of abuse, or if there is any other life-threatening situation. There are other circumstances for which confidentiality may be breached: Counselors may disclose confidential documents with subordinates in the regular course of business. Members of treatment teams, consultation groups, families, and third-party players may break confidentiality through regular verbal interaction. Parents may be legally informed of the counseling discussions held with their minor children. Parents or family members may be justifiably informed if they could contract a life-threatening disease through association with the student. Court-ordered disclosure by way of a subpoena may require the counselor to share information, although that information can be restricted to what is necessary.
ASCA Ethical Standards for School Counselors The following statements are taken from standards comprising the first section of the American School Counselor Association (ASCA) Ethical Standards for School Counselors, Section A, Responsibility to Students. As each profession creates and standardizes ethical standards, the standards reflect the unique aspects of that profession. Although there are ethical standards for counselors, counseling psychologists, and teachers, the ethical standards for school counselors are constructed to account for counselors' particular responsibilities, their place in the school system and community, and their positions in regard to being trusted with the young to confidentiality and to acting on behalf of students while considering the impact of their roles and actions on parents, teachers, administrators, and other stakeholders. In supporting student development, the school counselor has the following obligations:
Minor Consent Laws Minor consent laws are mandated at the state level and define the circumstances under which counselors may protect the confidentiality of a minor student. These laws fall under the federal regulation that prohibits the breaking of confidentiality for patient recovery, regardless of the patient's minor status. Generally, minor consent laws allow confidentiality regarding issues such as substance abuse, mental health, and reproductive health areas, without releasing information to parents or guardians. There is some controversy regarding the interpretation of these laws, but a common implementation is a school-based student assistant program (SAP) comprised of teams that include a counselor, a counselor or a nurse, a teacher and possibly substance abuse assessors from local agencies. School staff can refer students to the SAP team who will collaboratively determine the best action for the student. Counselors should be well informed about the state mandates and local interpretations of the minor consent law.
Prioritizing Requests Without Engaging in Tasks Outside the Role of School Counselor School counselors may have to educate others about the limits of the role and hold fast to professional tasks when administrators ask them to work outside their areas of responsibility. Being assigned other responsibilities may create dual relationships, which complicate the counselor role and are warned against in the American School Counselors Association (ASCA) Ethical Standards for School Counselors. School counselors may help by locating resources in the greater community, such as peer groups or mental health facilities for students whose needs exceed school-based, time-limited therapeutic interventions. The school counselor's ongoing challenge is to balance the students' needs with the ethical standards that delimit the range of school counselors' responsibilities. Occasionally, as when a student is in danger or potentially endangering others, a school counselor will be faced with 'betraying' a student's confidence to save lives. School counselors need to know and to consider the ethical standards in regard to their decisions, even relatively small decisions, at work. Being liked by all students is far less important than acting with integrity, even when the right decision is unpleasant.
Professional Development of School Guidance Counselors School counselors should be members of professional organizations and attend lectures, seminars, and state and national conferences sponsored by those and related organizations. School counselors should read journal articles and stay abreast of current research, which may inform their own school programming efforts. School counselors should also stay current with their legal and ethical responsibilities by attending trainings. Seeking consultation and supervision from more experienced school counselors helps build skills as well as providing much-needed emotional support for a career that balances so many activities—counseling and teaching, evaluating and reporting, working with individuals and groups, facilitating, mentoring, leading, consulting, and collaborating. Self-care is a vital part of a school counselor's mandate: if the counselor is suffering, trying to work without addressing personal problems is too difficult to sustain for long without negative effects showing up in one's work life.
Maintaining Own Mental Health Research shows that our mental and physical health are inextricably linked. Counselors need to care for their bodies as well as their minds. Regular exercise and an intelligent diet are basic to good health. Using mindfulness and other stress reduction techniques helps bring a fresh attitude to work as well as increasing harmony in personal relationships. Creating healthy boundaries at work may mean finding a substitute at times, taking adequate time off and limiting communications with parents, students, and administrators outside of school hours. Engaging a supervisor or participating in a group with other counselors can provide support and generate new ideas. When a counselor experiences problems in his/her personal life (such as divorce, illness, or death in the family), self-care such as seeking help and support in crises is especially important.
Burnout Burnout is characterized by lack of interest in the job, ironically, often while spending too much time on the job. When people burn out at work, their effectiveness drops: they make mistakes, get sloppy, or even lose the desire to do the right thing. In school counseling, students can too easily become the victims of counselor burnout. Counselors have a great deal of responsibility—as those who guide students in taking tests that will affect their college placements and future careers; as mentors, role models, and protectors; and as emotional supports and educators of academic and life skills. There's too much riding on a school counselor to have that person melt down over stress and overwork. And because the work is emotionally demanding, time-consuming, and often seriously underfunded, school counselors are at tremendous risk of burnout. To work ethically on behalf of students, the counselor has a responsibility of self-care that can't be avoided or put off.
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