Essay on Legal and Ethical Issues in School Counseling

As a school counselor, I will most closely follow the ASCA Ethical Standards. While reading these standards, I realized that as a school counselor I have some additional standards I am held to. I am responsible for making sure each student I work will is aware of their own educational choices and future opportunities. It is my responsibility to support each student as they move towards their

Working with students also means dealing with moral and ethical issues. Dealing with a students that have Suicide Ideation for example is very much an issue that becomes a serious and delicate issue for a professional school counselor as they have to notify parents when student is having suicidal or homicidal thoughts. In ASCA ethical guidelines it explains “in loco parentis doctrine, which means that educators, including school counselors, are legally standing in for parents and owe a special duty to exercise reasonable care to protect a student from harm.”(ASCA, Legal and Ethical FAQ). When a student is at school, professional school counselors as well as educators are responsible for students, therefore knowing ethical codes to follow in regards to students safety is crucial to being an effective school counselor.

After she was fired, Leger filed a lawsuit alleging that HCS Staffing was in violation of Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act). After hearing both sides, a federal court ruled in favor

As a professional school counselor, it's important to be competent in the profession that you're in and also abiding the code of ethics. I went to my state of Georgia's board of education website for school counselors, and I can upon a case dated back in 2006 that had something to do with a school counselor who was found to be incompetent in her profession. In the case of Julett Carnahan vs Butts County board of education, one of the reasons the board decided to discipline Carnahan was because they found her to incompetent as a school counselor. The case also stated the superintendent presented evidence that other faculty members did not believe her at all as a school counselor. Other evidence shows that she failed to meet with one student for a couple of days after being referred by someone, and it required consultation within 24 hours which is also an ethical violation (Julett Carnahan vs Butts County Board of Education, 2006).

Agreed, Richard, it is most certainly confusing. Perhaps Professor Fernandez will shed light on this subject for the both of us. Although, from what my previous coworker, (Licensed Prof Counselor) told me, the code of ethics, in addition to state and federal laws, are of course the framework to follow; however there are circumstances which call for exercising discretion. Having said that, for a couple of years that I worked with the elementary students in groups I followed the instruction of the counselor, and she would obtain additional advice from the social worker, and the school principle. I will do some further research on the topic tomorrow,

David Kaplan discusses the Code of Ethics while counseling in his Journal “Ethical Implications of a Critical Legal Case for the Counseling Profession: Ward v. Wilbanks”. In this journal the case Ward v. Wilbanks is discussed on the basis of discrimination and refusal of counseling. This journal explores the background of a case filed by the ADF ( Alliance Defending Freedom, formally known as the Alliance Defense Fund) on behalf of Julea Ward against Eastern Michigan University.

Professional school counselors are required to perform their job duties according ethical standards set by the American Counseling Association (ACA) and the American School Counselor Association (ASCA). Although, it is best practice to abide by the ethical standards established, one should also adhere to legal guidelines and school district policies. According to the American School Counselor Association (ASCA) ethical standards, school counselors make use of computer technology or other measures such as surveys and/or questionnaires to develop, implement,

The lawsuit’s First Amendment implications are not always understood and appreciated by the public in cases like these. “This sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are intimately involved in the resolution of important public questions, or, by reason of their fame, shape events in areas of concern to society at large” Chief Justice William Rehnquist wrote for the court

3). It was established that prior restraints are suspect under the First Amendment. Gurfein changed his decision after a few hours of hearings. He removed the restraining order the next day, saying “The First Amendment prohibits censorship by the government in all but the most exceptional cases.” (Liptak, par.15). In return, the government appealed his decision. During this whole process, The Washington Post started publishing the article and was also sued. Appeals courts in Washington allowed publication and New York prohibited it. The lawyers for The New York Times contacted Solicitor General Erwin Griswold to appeal to the Supreme Court. They provided a twenty-page

The parent’s legal right to know what happens regarding their child can cause confidentiality between the school counselor and the minor student to be broken. School counselors must consider parental concerns for their children and the information they desire to know and then make decisions regarding what they will disclose to parents. They should always evaluate what information is most critical and what they are legally obligated to let the parents know (Baker & Gerler, 2008). Counselors that become aware of high risk behaviors are often compelled to break confidentiality when it is in the best interest of the child. Research recommends that counselors contemplating breaking confidentiality of their student inform them of this and offer them the chance to tell their parents themselves. Mitchell, Disque, and Robertson (2002) suggest that when parents ask questions about their child that may be confidential, the school counselor should first remind the parent of the importance of confidentiality in the counseling process and suggest that the parents ask the child themselves so that the school counselor avoids damaging the counseling relationship. The school counselor should also tell the student what the parents want or need to know, and help the student prepare to tell them. Another way to deal with ethical dilemmas regarding

Plaintiff Argues: Miller based his argument to the Supreme Court on a previous case Memoirs v. Massachusetts, which decided that the “patently offensive” and information that was “utterly without redeeming social value” was not covered under the 1st Amendment, and it was difficult to prove that works are without any redeeming social value. Miller’s other main argument was that his arrest violated his 1st Amendment right to free speech no that he was censored and arrested by the Orange Count Police Department unlawfully.

Case Study #4 For School Counselor by Patrick Whaley Problem Identification The fact that school counselors work with minors plus this developmental stage can be crucial for a child’s emotional and mental development additionally, being aware of ethical standards and dilemmas would also be important. In fact, the American School Counselor Association states in section A.1.e (Supporting Student Development), “Are concerned with students’ academic, career and social/emotional needs and encourage each student’s maximum development”. In this current case study, the school counselor has several things to be worried about as well as being worried about this child’s emotional and social well-being. The first problem was when the school counselor did not avoid dual relationships due to privately counseling with his student’s parents.

This week’s readings covered the ethical and legal issues in psychoeducational assessment as well as in school-based interventions. School psychologists are life-long learners and need to stay on top of these ever-changing issues.

Clear as day Title VII was violated. The proof of that is in the evidence. Ms. Elauf was and is under a protected class. She is protected under religion. Though it can also be argued that she was discriminated against trough national origin. The job

Chapters 8 and 9 in Jacob, Decker, & Hartshorne (2011) discuss indirect services provided by a school psychologist. For example, working with teachers and parents and the various ethical concerns one should have when working with each, making decisions on school entry and grade retention, school discipline, school violence prevention, harassment and discrimination, and working with students with different special needs. Both chapters provide ethical concerns for all situations previously mentioned.