Ethics for the School

Counselor

Gloria Montalvo, Ed.D, LPC, CSC

gamontalvo@aol.com

Diana Villarreal, M.S., LPC, CSC

diana.villarreal@cfisd.net

What is Ethics?

• Ethics is the discipline dealing with what is good and bad and with moral duty and obligation (Webster, 2012).

• “Ethics are agreed-upon values, norms, customs and mores that have withstood the test of time (Fischer & Sorenson, 1996)” (Stone, 2009)

What are Ethical Codes?

Ethical codes and behavior are the result of values within a profession or organization bind those who, by membership, ascribe to them (Stone, 2009).

What are Legal Standards?

Legal standards are laws that are passed

by federal and state legislators and are interpreted by judges to set the minimum standard or guide that a society will accept (Hermann, Remley, and Huey, 2010).

Where are laws found?

• The US Constitution

• Federal statues

• State statues

• Case law

• Judge made law (common law)

• State codes or regulations

• School Board policies

To which Ethical Codes do

Texas School Counselors adhere?

Texas Administrative Code

Title 19 Education

Part 7 State Board for Educator Certification

Chapter 247 Educators Code of Ethics

To which Ethical Codes do

Texas School Counselors adhere?

Texas State Board of Examiners of Professional Counselors

About the Profession-Code of Ethics

American School Counselors Association Ethical Standards for School Counselors

Three Ethical Standards

Topic SBEC LPC ASCA

Define the association X

Tenets of association X

Purpose of standards X

Deceptive practices X

Misuse of funds or equipment

for personal gainX X

Borrow money X

Accept gifts X X

Three Ethical Standards

Topic SBEC LPC ASCA

Record Keeping X X

Guidelines for Sole-

possession recordsX

Follow laws and policies X X X

Good moral character X

Possess proper credentials X X X

Limitation of credentials X

Outline treatment plan:

purpose, goals, techniquesX X

Rules for group work X

Data driven evaluation of

programX

Three Ethical Standards

Topic SBEC LPC ASCA

Make action plan for success X

Collaborate with professionals X

Career awareness and post-

secondary plans

X

Evaluation, assessment and

interpretation

X

Drug use X

Reveal personal information about

colleagues if required by law

X

Make false statements X

Fair to colleagues (sex, race, etc.) X X

Three Ethical StandardsTopic SBEC LPC ASCA

No retaliation against complaint filer X

Confidentiality as required by law X X X

FERPA X

Collaboration X

Transfer of information (suicidal

ideation)

X

Limitations (age or developmental) X

Confidentiality limitations in group

or classroom guidance

X

Informed consent (Limits to

confidentiality)

X X

Three Ethical Standards

Topic SBEC LPC ASCA

Parents rights X

Duty to warn X

How to warn about fatal disease X

Danger to self or others X

Fair to students (sex, race, etc.) X X

No physical abuse or neglect X

Sexual/romantic contact X` X X

Duty to report sexual misconduct X

Disciplinary action for failure to

report sexual misconduct

X

Dual relationships X X

Three Ethical Standards

Topic SBEC LPC ASCA

Offer services to another’s client X

Make appropriate referrals X

Release information X X

Provide drugs to students X

Appropriate use of technology X

Cyberbullying X

Inappropriate communication with

use of technology

X X

Cost of treatment X

Inform of any changes X

Terminate treatment X X

Three Ethical StandardsTopic SBEC LPC ASCA

Report changes to personal data X

Inform client on how to report

professional violations

X X

Rules for establishing practice X

Rules for advertising practice X

Responsibilities to school,

communities and families

X

Responsibilities to self X

Responsibilities to profession X

Contribution to profession X

Decision making model X

Case Study

You have noticed that one of the counselors in

your office has been grumpy, has been rude to

students, and has ignored requests for

counseling. You have noticed weight loss and

hair loss in this person. You have observed

unfocused behavior at department meetings,

and another colleague complaint that this

counselor has failed to cooperate on a joint

assignment. These behaviors are contrary to this

person’s usual behaviors.

What is a Moral Principle?

A moral principle is a belief that demonstrates right behavior and is accepted by the majority of the group.

Carolyn Stone (2009) explains the use of K. S. Kitchener’s five moral principles as an aid to ethical decision making.

Kitchener’s Five Moral Principles

Autonomy:

the freedom to choose your path

Kitchener’s Five Moral Principles

Beneficence:

the ability to promote the good of others

Kitchener’s Five Moral Principles

Nonmaleficence:

not to harm or exploit

Kitchener’s Five Moral Principles

Justice or fairness:

equal treatment

Kitchener’s Five Moral Principles

Loyalty or fidelity:

staying connected and keeping promises

Case Study

In the course of a meeting to discuss a student’s progress, a school counselor attributes Jodie’s lack of progress to his lazy behaviors. The counselor states that Jodie seldom completes class assignments and or homework. She presents evidence of these behaviors. The parents accuse the counselor of defamation.

Thirteen Complications of Working with Minorsin a School Setting (Stone, 2009)

Counselor’s Values

Obligations Beyond the Student

Minor’s Developmental and Chronological Levels

Privacy Rights of Minors

Legal Status of Minors

In Loco Parentis

Community and Institutional Standards

Academic Instruction

Trusting Relationships

Informed Consent

Opacity of Laws and Ethical Codes

Number of Student Clients

Standard of Care

Counselor’s Values

• The right to pray

• The right to an abortion

• The right of gay/lesbians to meet at school

• The right of students to get contraceptives

• The right to oppose abortion

Obligations Beyond the Student

Legal and ethical responsibilities to the parents, the school, the community, the teachers, administrators, the school district, and other students are all obligations beyond the student.

Laws and court decisions give parents many rights.

Minor’s Developmental and

Chronological Levels

Ability level

Vocabulary

Age

Maturity

Privacy Rights of Minors

The privacy rights of minors legally belong to their parents.

Refer to these two federal laws: FERPA and HIPAA

Legal Status of Minors

Age 18 is generally when the rights of the parent transfer legally to the child.

Parents have the power to agree to counseling for their child.

Some states allow minors to become “legally emancipated.”

In Loco Parentis

In Loco parentis is a common law doctrine that says the school personnel are in charge of protecting the students rights when they are in the school setting.

Community and Institutional

Standards

What are the values of the community?

Is there a particular ethnic or religious influence?

What does the community find acceptable?

Academic Instruction

In agency and private practices, counselor have a defined space.

Where does the counseling setting start and end in the confines of the school campus?

Trusting Relationship

A trusting relationship implies confidentiality.

How do school counselors maintain this trusting relationship when parents have

the right to know, when teachers or administrators are asking questions, or

when students are talking to their friends?

Informed Consent

Informed consent is a principal that is both ethical and legal and requires the counselor to tell the student the potential risks and benefits or alternatives to counseling. Tell the student the limits of confidentiality. This should be done before counseling starts. It should be done so a student can understand what counseling means.

Opacity of Laws and Ethical Codes

Laws and ethical codes are vague or not always clear when they deal with minors.

Each case is individual and takes all the other complications into consideration. So decisions vary from community to community and from state to state.

Number of Student-Clients

What is your counselor/student

ratio?

How much time can you devote to

each case?

Standard of Care

Did you do what a reasonable counselor would do in a similar situation?

Things that will determine your standard of care: laws, ethical codes, school board policy, case law, expert witnesses, length of career, and professional development.

Case Study

The school counselor goes on a home visit. She arrives

at the student’s home and finds that two younger

siblings are home without any parental supervision.

The counselor waits for the parent to return. The

parent explains that this was an emergency and that

the children are not usually left alone. The counselor

conducts the school’s business, returns to campus,

and tells the principal of the situation that she

discovered. Two days later, one of the children is

found dead near her home.

Law and Ethics

Law = lowest standard that society accepts

Ethics = ideal standard set by professionals

What other Ethical Codes need we

consider?

ACA

ASGW

NBCC

What Laws may we need to know

in Texas?

FERPA

HIPPA

These are some of the laws listed in the LPC-Code of Ethics:

Texas Family Code, Chapter 261

Texas Human Resources Code, Chapter 48

Texas Health and Safety Code

Texas Civil Practice and Remedies Code

Texas Occupations Code

Texas Penal Code §21.01

ASCA Code, Section G.3

Solutions to Ethical Problems in

Schools (STEP) (Stone, 2001)

1. Define the problem emotionally and intellectually

2. Apply the ASCA Ethical Standards and the law

3. Consider the students’ chronological and developmental levels

4. Consider the setting, parental rights and minors’ rights

ASCA Code, Section G.3

Solutions to Ethical Problems in

Schools (STEP) (Stone, 2001)

5. Apply the moral principles

6. Determine your potential courses of action and their consequences

7. Evaluated the selected action

8. Consult

9. Implement the course of action

Ethical Codes

What are the consequences of breaking ethical codes?

Bibliography

Herman, M.A., Remley, R., & Huey, W. (2012). Ethical & Legal Issues in school counseling (3rd ed.). ASCA.

Stone, C. (2009). School Counseling Principles ethics and law (2nd ed.). ASCA.

Articles on ASCA web site:

http://www.ascaschoolcounselor.org/article_section.asp?edition=91&section=140