Ethical Standards School Counseling

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School Counseling

PowerPoint produced by Melinda Haley, M.S., New Mexico State University.

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“Copyright © Allyn & Bacon 2004”

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Professional Ethics and Legal Issues

School counselors are mandated to follow:

– standards,

– regulations,

– laws and

– ethical codes

These have been established by:

_ Professional associations

_ State and Federal agencies

_ The courts

_ and many other institutions.

"Copyright © Allyn & Bacon 2004”

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Ethical Codes

• Ethical standards do not always give counselors clear instruction about what to do in an ethical situation.

• These codes are best used as a “guide” to practice.

• They serve as a broad framework from which counselors can make the best possible decisions.

• Counselors should protect themselves by knowing their professional standards, local, State and Federal laws, as well as know current legislation governing counselors.


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Ethical Standards for School Counselors

• School counselors are governed by the ethical codes of the American School Counselor Association (ASCA).

• School counselors must understand the limits of these standards.

• School counselors should supplement their knowledge base of sound ethical and legal practices from a variety of resources.

• School counselors should be cognizant that they are serving three different populations: Students, parents and teachers and the ethical codes are divided accordingly.

• “Copyright © Allyn & Bacon 2004”

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Responsibility to Students

• School counseling services should consider the total developmental needs of each student.

• Counselors must inform students about the services they offer.

• Counselors should not impose their values upon students but help students explore their own.

• Counselors must protect student confidentiality.


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– Confidentiality: The right of the counselee to privacy.

– Privileged Communication: A legal term meaning that the counselee is protected from having information, presented in counseling, used against him or her in a court of law.

– Only 20 States have granted privileged communication status to students in school counseling relationships.

– School counselors must know if these privileges apply and the limitations of those privileges.

– Courts do not recognize these privileges as extending beyond the relationship of two people.


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• Clear and imminent danger

» If the student is being harmed or plans to harm another, the school counselor must report it.

» Counselors must follow the law as mandated reporters.

• Computer applications

» Counselors must ensure that student individual needs are being met.

» The counselor must know the program and be able to assist students properly.

» All students must have equitable access.“Copyright © Allyn & Bacon 2004”

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Responsibility to Parents

• Counselors have a responsibility to inform parents about services that are available to their child(ren).

• There may be an ethical dilemma between involving parents and keeping the confidentiality of the student. Counselors need to be aware of these ethical AND legal issues.

• Counselors should seek a student’s permission to involved parents.

• Counselors should be aware of the cultural issues that might affect a student and his or her family in relationship to these issues.


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Responsibility to Colleagues and Professional Associates

• The ethical code promotes the qualities of cooperation, fairness, respect and objectivity.

• Counselor’s who are ethical display regard and respect for the profession and other professionals.

• Counselor’s are ethical when they inform themselves about the services provided by others that would benefit their students.

• Ethical counselors keep all lines of communication open.


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Responsibility to the School and Community

• Counselors often act as advocates of the educational process and the students’ right to that education.

• A Counselor must speak up when any policy or program threatens the welfare of a student(s).

• School counselors should inform the principal when conditions in the school inhibit the counselor’s effectiveness in providing services to students.

• School counselors should build relationships with other professionals in the community for the benefit of students, parents and teachers without benefit to themselves.


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Responsibility to Self

• School counselors must be cognizant of cultural identity…theirs as well as their students’.

• Counselors must attend to their own professional development by continuing their education.

• Counselors need to know when to refer a student out to another agency or professional.

• Counselors need to practice self-care to avoid burn-out and compromise of services.


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Responsibility to the Profession

• School counselors are responsible for conducting research and reporting their results to benefit the field.

• Counselors should participate in counseling and educational associations.

• Counselors should attend workshops, conferences and read professional publications to keep abreast of their field.

• Counselors should behave professionally when in the public view.


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Maintenance of Standards

• School counselors are responsible for seeing that the ethical standards are followed.

• Counselors must bring ethical violations to the attention of superiors and attempt to resolve the ethical issue.

• If school counselors cannot resolve a ethical issue within their school then it is their responsibility to take the issue to the local, state or national level.

• Counselors need to know how ethical standards comply with or contradict state or federal law.

• Counselors should also know how policies passed by their local school board affects their practice.


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The Law and Schools

• Counselors should become familiar with the laws that affect their practice in their state and city.

• Counselors should be familiar with the Constitution of the United States.

• Counselors should have some familiarity with educational law.

• All of these things help counselors stay within the legal boundaries of their profession.


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School Board Policies

• School districts design polices that affect schools in compliance with the limitations and guidelines set forth by state statutes.

• Schools cannot surpass or deny and state statute.

• Counselors must be aware of the rules and regulations also passed by their school boards.

• Counselors must be aware of how these policies affect programs and services offered to students.

• Counselors are duty bound to bring forth any discrepancy between school board policies and state law.


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Legal Issues for School Counselors


Student’s rights (freedom of expression, the right

to due process, appropriate/compensatory education

and the right to privacy).

Parent’s rights (the right to provide guidance to

their children, be involved with their child’s education

and access their child’s student records when

children are under the age of 18).

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The Buckley Amendment

• This amendment gives parents of minor students, and students over the age of eighteen, the right to view student records.

• Parents (and students over the age of 18) may challenge what is found within the records and request a hearing.

• Schools are required to notify parents of these rights and obtain written permission before disseminating information to those other than the parent (or student over the age of 18).

• Counselors need to check if their case records are affected by this law.


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Public Law 94-142 [Education For All Handicapped Children Act]

• The original law guarantees a free and appropriate education to all students regardless of handicap or disability.

• Counselors work with teachers and parents to develop Individual Education Plans (IEP’s) for students with special needs.

• As coordinators of student services it is often up to the school counselor to determine how federal laws affect the school.


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Counselor Liability

• The following activities could lead to a malpractice or liability lawsuit:

– Administration of drugs.

– Giving birth control advice.

– Giving abortion-related advice.

– Assisting in searches of students’ lockers.

– Making statements that might be defamatory.

– Violating confidentiality and the privacy of records.


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Counselor Liability

• Preventative measures against liability include:

– Maintaining strict adherence to program standards and criteria.

– Reliance on other professionals for guidance and advice and in making referrals.

– Thorough knowledge of the ethical codes and standards of practice.

– Knowledge about laws, statutes and ethical interpretations that affect school counselors.


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Title IX of the Education Amendments of 1972

• Students are protected against discrimination based upon sex and schools must ensure equal access for both boys and girls.

• If the school violates this law they will lose their funding.

• Pregnant teenagers are also covered under this amendment.

• One way school counselors assist in compliance is by helping staff select gender neutral, non-stereotypical instructional materials.

• Counselors may not associate with any professional or agency who discriminate on basis of gender.


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School Counseling Presentation Resources

Schmidt, J. J. (2003). Counseling in schools: Essential services and comprehensive programs, 4th ed. Boston, MA.: Allyn & Bacon.
