Ethics for the School Counselor - Texas Counseling Association

Ethics for the SchoolCounselorGloria Montalvo, Ed.D, LPC, CSCgamontalvo@aol.comDiana Villarreal, M.S., LPC, CSCdiana.villarreal@cfisd.net

What is Ethics?• Ethics is the discipline dealing with what isgood and bad and with moral duty andobligation (Webster, 2012).• “Ethics are agreed-upon values, norms,customs and mores that have withstoodthe test of time (Fischer & Sorenson,1996)” (Stone, 2009)

What are Ethical Codes?Ethical codes and behavior are the result ofvalues within a profession or organizationbind those who, by membership, ascribeto them (Stone, 2009).

What are Legal Standards?Legal standards are laws that are passedby federal and state legislators and areinterpreted by judges to set the minimumstandard 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 doTexas School Counselors adhere?Texas Administrative CodeTitle 19 EducationPart 7 State Board for Educator CertificationChapter 247 Educators Code of Ethics

To which Ethical Codes doTexas School Counselors adhere?Texas State Board of Examiners ofProfessional CounselorsAbout the Profession-Code of EthicsAmerican School Counselors AssociationEthical Standards for School Counselors

Three Ethical StandardsTopic SBEC LPC ASCADefine the associationTenets of associationPurpose of standardsXXXDeceptive practicesMisuse of funds or equipmentfor personal gainBorrow moneyXXXXAccept gifts X X

Three Ethical StandardsTopic SBEC LPC ASCARecord Keeping X XGuidelines for SolepossessionrecordsFollow laws and policies X X XGood moral characterPossess proper credentials X X XLimitation of credentialsOutline treatment plan:purpose, goals, techniquesRules for group workData driven evaluation ofprogramXXXXXXX

Three Ethical StandardsMake action plan for successCollaborate with professionalsCareer awareness and postsecondaryplansEvaluation, assessment andinterpretationDrug useTopic SBEC LPC ASCAReveal personal information aboutcolleagues if required by lawMake false statementsFair to colleagues (sex, race, etc.) X XXXXXXXX

Three Ethical StandardsTopic SBEC LPC ASCANo retaliation against complaint filerConfidentiality as required by law X X XFERPACollaborationTransfer of information (suicidalideation)Limitations (age or developmental)Confidentiality limitations in groupor classroom guidanceInformed consent (Limits toconfidentiality)XXXXXXXX

Parents rightsDuty to warnThree Ethical StandardsTopic SBEC LPC ASCAHow to warn about fatal diseaseDanger to self or othersFair to students (sex, race, etc.) X XNo physical abuse or neglectSexual/romantic contact X` X XDuty to report sexual misconductDisciplinary action for failure toreport sexual misconductDual relationships X XXXXXXXX

Three Ethical StandardsTopic SBEC LPC ASCAOffer services to another’s clientMake appropriate referralsRelease information X XProvide drugs to studentsAppropriate use of technologyCyberbullyingInappropriate communication withuse of technologyCost of treatmentInform of any changesTerminate treatment X XXXXXXXXXX

Three Ethical StandardsTopic SBEC LPC ASCAReport changes to personal dataInform client on how to reportprofessional violationsRules for establishing practiceRules for advertising practiceResponsibilities to school,communities and familiesResponsibilities to selfResponsibilities to professionContribution to professionDecision making modelXXXXXXXXXX

Case StudyYou have noticed that one of the counselors inyour office has been grumpy, has been rude tostudents, and has ignored requests forcounseling. You have noticed weight loss andhair loss in this person. You have observedunfocused behavior at department meetings,and another colleague complaint that thiscounselor has failed to cooperate on a jointassignment. These behaviors are contrary to thisperson’s usual behaviors.

What is a Moral Principle?A moral principle is a belief thatdemonstrates right behavior and isaccepted by the majority of the group.Carolyn Stone (2009) explains the use of K.S. Kitchener’s five moral principles as anaid to ethical decision making.

Kitchener’s Five Moral PrinciplesAutonomy:the freedom to choose your path

Kitchener’s Five Moral PrinciplesBeneficence:the ability to promote the good of others

Kitchener’s Five Moral PrinciplesNonmaleficence:not to harm or exploit

Kitchener’s Five Moral PrinciplesJustice or fairness:equal treatment

Kitchener’s Five Moral PrinciplesLoyalty or fidelity:staying connected and keeping promises

Case StudyIn the course of a meeting to discuss astudent’s progress, a school counselorattributes Jodie’s lack of progress to hislazy behaviors. The counselor states thatJodie seldom completes classassignments and or homework. Shepresents evidence of these behaviors. Theparents accuse the counselor ofdefamation.

Thirteen Complications of Working with Minorsin a School Setting (Stone, 2009)Counselor’s ValuesObligations Beyond the StudentMinor’s Developmental and Chronological LevelsPrivacy Rights of MinorsLegal Status of MinorsIn Loco ParentisCommunity and Institutional StandardsAcademic InstructionTrusting RelationshipsInformed ConsentOpacity of Laws and Ethical CodesNumber of Student ClientsStandard 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 StudentLegal and ethical responsibilities to theparents, the school, the community, theteachers, administrators, the schooldistrict, and other students are allobligations beyond the student.Laws and court decisions give parents manyrights.

Minor’s Developmental andChronological LevelsAbility levelVocabularyAgeMaturity

Privacy Rights of MinorsThe privacy rights of minors legally belong totheir parents.Refer to these two federal laws: FERPAand HIPAA

Legal Status of MinorsAge 18 is generally when the rights of theparent transfer legally to the child.Parents have the power to agree tocounseling for their child.Some states allow minors to become “legallyemancipated.”

In Loco ParentisIn Loco parentis is a common law doctrinethat says the school personnel are incharge of protecting the students rightswhen they are in the school setting.

Community and InstitutionalStandardsWhat are the values of the community?Is there a particular ethnic or religiousinfluence?What does the community find acceptable?

Academic InstructionIn agency and private practices, counselorhave a defined space.Where does the counseling setting start andend in the confines of the school campus?

Trusting RelationshipA trusting relationship implies confidentiality.How do school counselors maintain thistrusting relationship when parents havethe right to know, when teachers oradministrators are asking questions, orwhen students are talking to their friends?

Informed ConsentInformed consent is a principal that is bothethical and legal and requires thecounselor to tell the student the potentialrisks and benefits or alternatives tocounseling. Tell the student the limits ofconfidentiality. This should be done beforecounseling starts. It should be done so astudent can understand what counselingmeans.

Opacity of Laws and Ethical CodesLaws and ethical codes are vague or notalways clear when they deal with minors.Each case is individual and takes all theother complications into consideration. Sodecisions vary from community tocommunity and from state to state.

Number of Student-ClientsWhat is your counselor/studentratio?How much time can you devote toeach case?

Standard of CareDid you do what a reasonablecounselor would do in a similarsituation?Things that will determine yourstandard of care: laws, ethical codes,school board policy, case law, expertwitnesses, length of career, andprofessional development.

Case StudyThe school counselor goes on a home visit. She arrivesat the student’s home and finds that two youngersiblings are home without any parental supervision.The counselor waits for the parent to return. Theparent explains that this was an emergency and thatthe children are not usually left alone. The counselorconducts the school’s business, returns to campus,and tells the principal of the situation that shediscovered. Two days later, one of the children isfound dead near her home.

Law and EthicsLaw = lowest standard that societyacceptsEthics = ideal standard set byprofessionals

What other Ethical Codes need weconsider?ACAASGWNBCC

What Laws may we need to knowin Texas?FERPAHIPPAThese are some of the laws listed in the LPC-Codeof Ethics:Texas Family Code, Chapter 261Texas Human Resources Code, Chapter 48Texas Health and Safety CodeTexas Civil Practice and Remedies CodeTexas Occupations CodeTexas Penal Code §21.01

ASCA Code, Section G.3Solutions to Ethical Problems inSchools (STEP) (Stone, 2001)1. Define the problem emotionally andintellectually2. Apply the ASCA Ethical Standards andthe law3. Consider the students’ chronological anddevelopmental levels4. Consider the setting, parental rights andminors’ rights

ASCA Code, Section G.3Solutions to Ethical Problems inSchools (STEP) (Stone, 2001)5. Apply the moral principles6. Determine your potential courses ofaction and their consequences7. Evaluated the selected action8. Consult9. Implement the course of action

Ethical CodesWhat are the consequences of breakingethical codes?

BibliographyHerman, M.A., Remley, R., & Huey, W.(2012). Ethical & Legal Issues in schoolcounseling (3 rd ed.). ASCA.Stone, C. (2009). School CounselingPrinciples ethics and law (2 nd ed.). ASCA.Articles on ASCA web site:http://www.ascaschoolcounselor.org/article_section.asp?edition=91&section=140