Working with State Educator Codes: Issues and ChallengesDr. Gloria Dansby-Giles, Professor of

Counselor Education, Jackson State University

Dr. Frank Giles, Professor of Rehabilitation Counseling and Director of the Long Term Training Grant

ObjectivesTo explore the purpose of state educator

codes.To identify key sections of the educator

ethics code that may apply to school counselors;

To identify current issues, challenges and questions from school counselors with regard to the revised state ethics code;

ObjectivesTo identify information that you would add to

your informed consent form that you distribute to students and parents.

Purpose of State Educator CodesMany teaching professional associations have

codes of ethics.Examples- National Educational Association,

Association of American Educators.The code of ethics can only be enforced for

members of the association.

Purpose of State Educator CodesMany state educator codes of ethics are

written into state law.This provides a means of enforcement that is

not based on membership in an organization.

Key Sections of the Revised MECESC in Working with StudentsStandard 4: Educator/Student RelationshipsStandard 9: Maintenance of ConfidentialityOther standards might also be considered

based upon the circumstances.

Standard 4: Educator/Student Relationships• 4.1.a Fulfilling the roles of mental and

advocate for students in a professional relationship.

• 4.1.b. Nurturing the intellectual, physical, emotional, social and civic potential of students;

• 4.1.c. Providing an environment that does not needlessly expose students to unnecessary embarrassment or disparagement;

Standard 4: Educator/Student Relationships4.1.d. Creating, supporting, and maintaining

a challenging learning environment for students.

Standard 4: Educator/Student Relationships4.2.a. Committing any act of child abuse4.2.b. Committing any act of cruelty to

children or any act of child endangerment4.2.c. Committing or soliciting any unlawful

sexual act4.2.d. Engaging in harassing behavior on the

basis of race, gender, national origin, religion or disability

Standard 4: Educator/Student Relationships4.2.e. Furnishing tobacco, alcohol, or

illegal/unauthorized drugs to any student or allowing a student to consume alcohol or illegal/unauthorized drugs

4.2.f. Soliciting, encouraging, participating or initiating inappropriate written, verbal, electronic, physical or romantic relationships with students.

Standard 4: Educator/Student RelationshipsExamples of these acts may include but not

be limited to:1. sexual jokes2 sexual remarks3. sexual kidding or teasing4. sexual innuendo5 pressure for dates or sexual favors

Standard 4: Educator/Student Relationships 6. inappropriate touching, fondling, kissing

or grabbing7. rape8. threats of physical harm9. sexual assault10. electronic communication such as texting11. invitation to social networking

Standard 4: Educator/Student Relationships12. remarks about a student’s body13. consensual sex.

Standard 9: Maintenance of ConfidentialityAn educator shall comply with state and

federal laws and local school board policies relating to confidentiality of student and personnel records,

Standardized test material, andOther information covered by confidentiality

agreements.

Standard 9: Maintenance of Confidentiality9.1. Ethical conduct includes, but is not

limited to, the following:A. keeping in confidence information about

students that has been obtained in the course of professional services unless disclosure serves a legitimate purpose or

Is required by law.

Standard 9: Maintenance of Confidentiality• 9.1.b. Maintaining diligently the security of

standardized test supplies and resources.• 9.2 Unethical conduct includes, but is not

limited to, the following: • 9.2.a. sharing confidential information

concerning student academic and disciplinary records, health and medical information, family status/income and assessment/testing results unless disclosure is required or permitted by law.

Standard 9: Maintenance of Confidentiality9.1.b. Violating confidentiality agreements

related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers,

Discussing test items, and violating local school board or state directions for the use of tests.

Standard 9: Maintenance of Confidentiality9.1.c. Violating other confidentiality

agreements required by state or local policy.

Key Sections of State Ethics Codes with Potential Issues• Regulations covered in the MECESC that are

not addressed in counseling code of ethics such as

• Electronic communication,• Unauthorized drugs or alcohol• Reporting of anyone else who is violating the

MECESC.• Add these to a written informed consent

statement.

Current Issues and Challenges with State Ethics CodesMany counselors are certified and/or licensed

by other entities with different ethical standards.

They are required to know the various ethical standards that apply to them and comply.

Sometimes the standards may conflict with each other.

Current Issues and Challenges with State Ethics CodesIt is the school counselor’s responsibility to

identify the challenges within the standards.

Audience Participation- Identify Issues and Challenges

Audience Participation- Identify Issues and Challenges

Audience Participation- Identify Issues and Challenges

Informed Consent-ASCA Ethical Standards for School Counselors“A.2. ConfidentialityA. Professional school counselors inform

students of the purposes, goals, techniques and rules of procedure under which they may receive counseling.”

Informed Consent- ASCA Ethical Standards for School Counselors, 2010“Disclosure includes the limits of

confidentiality in a developmentally appropriate manner.

Informed consent requires competence on the part of students to understand the limits of confidentiality and therefore,

Can be difficult to obtain from students of a certain developmental level.”

Informed Consent- ASCA Ethical Standards for School Counselors, 2010“Professionals are aware that even though

every attempt is made to obtain informed consent it is not always possible and

When needed will make counseling decisions on students’ behalf.”

Items Included within Informed Consent FormsWelcome StatementGoals of School CounselingMission of the school or school districtSchool Counselor’s BackgroundCompliance with ethical standardsBenefits/Risks to Counseling

Items Included within Informed Consent FormsExceptions to confidentialityAcknowledgement statement Right to ask questionsDiscussion with school counselor and/or

parent or guardian

Items Included within Informed Consent FormsReferralsTestifying in Divorce or custody cases

ScenarioYou are a school counselor who is certified as

guidance counselor by the Mississippi Department of Education.

You also hold certifications and licenses as____.

ScenarioAfter reviewing the Revised Mississippi

Educator Code of Ethics and Standards of Conduct (2011),

You have decided to add the following items to your written informed consent form that you distribute to students and parents about the counseling process at your school.

ScenarioWould you include statements about what

you can and can not do as a result of the Revised Mississippi Educator Code of Ethics and Standards of Conduct?

Why?Why not?How can you make the language

developmentally appropriate?

ScenarioStatements that you would add are:

Closing“They always say time changes things,But you actually have to change them

yourself.Andy Warhol (1928-1987)

Closing“The only sense that is common in the long

run,Is the sense of change-And we all instinctively avoid it.”E. B. White (1899-1985)

Closing“Things do not change;We change.”Henry David Thoreau (1817-1862)Walden (1970)

Questions/Comments