Ethical & Legal Issues Module 6 Discussion

Preamble

The American School Counselor Association (ASCA) is a
professional organization supporting school counselors, school
counseling students/interns, school counseling program direc-
tors/supervisors and school counselor educators. School coun-
selors have unique qualifications and skills to address preK–12
students’ academic, career and social/emotional development
needs. These standards are the ethical responsibility of all school
counseling professionals.

School counselors are advocates, leaders, collaborators and
consultants who create systemic change by providing equitable
educational access and success by connecting their school coun-
seling programs to the district’s mission and improvement plans.
School counselors demonstrate their belief that all students have
the ability to learn by advocating for an education system that
provides optimal learning environments for all students.

All students have the right to:

• Be respected, be treated with dignity and have access to a com-
prehensive school counseling program that advocates for and
affirms all students from diverse populations including but not
limited to: ethnic/racial identity, nationality, age, social class,
economic status, abilities/disabilities, language, immigration
status, sexual orientation, gender, gender identity/expression,
family type, religious/spiritual identity, emancipated minors,
wards of the state, homeless youth and incarcerated youth.
School counselors as social-justice advocates support students
from all backgrounds and circumstances and consult when their
competence level requires additional support.

• Receive the information and support needed to move toward
self-determination, self-development and affirmation within
one’s group identities. Special care is given to improve overall
educational outcomes for students who have been historically
underserved in educational services.

• Receive critical, timely information on college, career and
postsecondary options and understand the full magnitude
and meaning of how college and career readiness can have an
impact on their educational choices and future opportunities.

• Privacy that should be honored to the greatest extent possible,
while balancing other competing interests (e.g., best interests
of students, safety of others, parental rights) and adhering to
laws, policies and ethical standards pertaining to confidentiali-
ty and disclosure in the school setting.

• A safe school environment promoting autonomy and justice
and free from abuse, bullying, harassment and other forms of
violence.

ASCA Ethical Standards
for School Counselors

(Adopted 1984; revised 1992, 1998, 2004 and 2010, 2016)

PURPOSE

In this document, ASCA specifies the obligation to the principles
of ethical behavior necessary to maintain the high standards
of integrity, leadership and professionalism. The ASCA Ethical
Standards for School Counselors were developed in consulta-
tion with state school counseling associations, school counselor
educators, school counseling state and district leaders and school
counselors across the nation to clarify the norms, values and
beliefs of the profession.

The purpose of this document is to:

• Serve as a guide for the ethical practices of all school counsel-
ors, supervisors/directors of school counseling programs and
school counselor educators regardless of level, area, popula-
tion served or membership in this professional association.

• Provide support and direction for self-assessment, peer consul-
tation and evaluations regarding school counselors’ responsi-
bilities to students, parents/guardians, colleagues and profes-
sional associates, schools district employees, communities and
the school counseling profession.

• Inform all stakeholders, including students, parents/guardians,
teachers, administrators, community members and courts of
justice of best ethical practices, values and expected behaviors
of the school counseling professional.

A. RESPONSIBILITY TO STUDENTS

A.1. Supporting Student Development

School counselors:

a. Have a primary obligation to the students, who are to be
treated with dignity and respect as unique individuals.

b. Aim to provide counseling to students in a brief context and
support students and families/guardians in obtaining outside
services if the student needs long-term clinical counseling.

c. Do not diagnose but remain acutely aware of how a student’s
diagnosis can potentially affect the student’s academic success.

d. Acknowledge the vital role of parents/guardians and families.

e. Are concerned with students’ academic, career and social/
emotional needs and encourage each student’s maximum devel-
opment.

f. Respect students’ and families’ values, beliefs, sexual orienta-
tion, gender identification/expression and cultural background
and exercise great care to avoid imposing personal beliefs or
values rooted in one’s religion, culture or ethnicity.

g. Are knowledgeable of laws, regulations and policies affecting
students and families and strive to protect and inform students
and families regarding their rights.

h. Provide effective, responsive interventions to address student
needs.

i. Consider the involvement of support networks, wraparound
services and educational teams needed to best serve students.

j. Maintain appropriate boundaries and are aware that any
sexual or romantic relationship with students whether legal or
illegal in the state of practice is considered a grievous breach
of ethics and is prohibited regardless of a student’s age. This
prohibition applies to both in-person and electronic interactions
and relationships.

A.2. Confidentiality

School counselors:

a. Promote awareness of school counselors’ ethical standards
and legal mandates regarding confidentiality and the appropri-
ate rationale and procedures for disclosure of student data and
information to school staff.

b. Inform students of the purposes, goals, techniques and rules
of procedure under which they may receive counseling. Disclo-
sure includes informed consent and clarification of the limits of
confidentiality. Informed consent requires competence, volun-
tariness and knowledge on the part of students to understand
the limits of confidentiality and, therefore, can be difficult to ob-
tain from students of certain developmental levels, English-lan-
guage learners and special-needs populations. If the student
is able to give assent/consent before school counselors share
confidential information, school counselors attempt to gain the
student’s assent/consent.

c. Are aware that even though attempts are made to obtain
informed consent, it is not always possible. When needed, school
counselors make counseling decisions on students’ behalf that
promote students’ welfare.

d. Explain the limits of confidentiality in developmentally
appropriate terms through multiple methods such as student
handbooks, school counselor department websites, school coun-
seling brochures, classroom lessons and/or verbal notification to
individual students.

e. Keep information confidential unless legal requirements
demand that confidential information be revealed or a breach is
required to prevent serious and foreseeable harm to the stu-
dent. Serious and foreseeable harm is different for each minor
in schools and is determined by students’ developmental and
chronological age, the setting, parental rights and the nature of
the harm. School counselors consult with appropriate profes-
sionals when in doubt as to the validity of an exception.

f. Recognize their primary ethical obligation for confidentiality
is to the students but balance that obligation with an under-
standing of parents’/guardians’ legal and inherent rights to be
the guiding voice in their children’s lives. School counselors
understand the need to balance students’ ethical rights to make
choices, their capacity to give consent or assent, and parental
or familial legal rights and responsibilities to make decisions on
their child’s behalf.

g. Promote the autonomy of students to the extent possible and
use the most appropriate and least intrusive method to breach
confidentiality, if such action is warranted. The child’s develop-
mental age and the circumstances requiring the breach are con-
sidered, and as appropriate, students are engaged in a discussion
about the method and timing of the breach. Consultation with
peers and/or supervision is recommended.

h. In absence of state legislation expressly forbidding disclosure,
consider the ethical responsibility to provide information to
an identified third party who, by his/her relationship with the
student, is at a high risk of contracting a disease that is com-
monly known to be communicable and fatal. Disclosure requires
satisfaction of all of the following conditions:

1) Student identifies partner, or the partner is highly identifi-
able

2) School counselor recommends the student notify partner
and refrain from further high-risk behavior

3) Student refuses

4) School counselor informs the student of the intent to noti-
fy the partner

5) School counselor seeks legal consultation from the school
district’s legal representative in writing as to the legalities
of informing the partner

i. Request of the court that disclosure not be required when the
school counselor’s testimony or case notes are subpoenaed if
the release of confidential information may potentially harm a
student or the counseling relationship.

j. Protect the confidentiality of students’ records and release per-
sonal data in accordance with prescribed federal and state laws
and school board policies.

k. Recognize the vulnerability of confidentiality in electronic
communications and only transmit student information electron-
ically in a way that follows currently accepted security standards
and meets federal, state and local laws and board policy.

l. Convey a student’s highly sensitive information (e.g., a
student’s suicidal ideation) through personal contact such as a
phone call or visit and not less-secure means such as a notation
in the educational record or an e-mail. Adhere to state, federal
and school board policy when conveying sensitive information.

m. Advocate for appropriate safeguards and protocols so highly
sensitive student information is not disclosed accidentally to
individuals who do not have a need to know such information.
Best practice suggests a very limited number of educators would
have access to highly sensitive information on a need-to-know
basis.

n. Advocate with appropriate school officials for acceptable
encryption standards to be utilized for stored data and currently
acceptable algorithms to be utilized for data in transit.

o. Avoid using software programs without the technological
capabilities to protect student information based upon currently
acceptable security standards and the law.

A.3. Comprehensive Data-Informed Program

School counselors:

a. Collaborate with administration, teachers, staff and decision
makers around school-improvement goals.

b. Provide students with a comprehensive school counseling
program that ensures equitable academic, career and social/
emotional development opportunities for all students.

c. Review school and student data to assess needs including, but
not limited to, data on disparities that may exist related to gen-
der, race, ethnicity, socio-economic status and/or other relevant
classifications.

d. Use data to determine needed interventions, which are then
delivered to help close the information, attainment, achievement
and opportunity gaps.

e. Collect participation, Mindsets & Behaviors and outcome
data and analyze the data to determine the progress and effec-
tiveness of the school counseling program. School counselors
ensure the school counseling annual student oucome goals and
action plans are aligned with district’s school improvement
goals.

f. Use data-collection tools adhering to confidentiality standards
as expressed in A.2.

g. Share data outcomes with stakeholders.

A.4. Academic, Career and
Social/Emotional Plans

School counselors:

a. Collaborate with administration, teachers, staff and decision
makers to create a culture of postsecondary readiness

b. Provide and advocate for individual students’ preK–
postsecondary college and career awareness, exploration and
postsecondary planning and decision making, which supports
the students’ right to choose from the wide array of options
when students complete secondary education.

c. Identify gaps in college and career access and the implications
of such data for addressing both intentional and unintentional
biases related to college and career counseling.

d. Provide opportunities for all students to develop the mindsets
and behaviors necessary to learn work-related skills, resilience,
perseverance, an understanding of lifelong learning as a part of
long-term career success, a positive attitude toward learning and
a strong work ethic.

A.5. Dual Relationships and
Managing Boundaries

School counselors:

a. Avoid dual relationships that might impair their objectivity
and increase the risk of harm to students (e.g., counseling one’s
family members or the children of close friends or associates).
If a dual relationship is unavoidable, the school counselor is
responsible for taking action to eliminate or reduce the poten-
tial for harm to the student through use of safeguards, which
might include informed consent, consultation, supervision and
documentation.

b. Establish and maintain appropriate professional relationships
with students at all times. School counselors consider the risks
and benefits of extending current school counseling relationships
beyond conventional parameters, such as attending a student’s
distant athletic competition. In extending these boundaries,
school counselors take appropriate professional precautions
such as informed consent, consultation and supervision. School
counselors document the nature of interactions that extend
beyond conventional parameters, including the rationale for the
interaction, the potential benefit and the possible positive and
negative consequences for the student and school counselor.

c. Avoid dual relationships beyond the professional level with
school personnel, parents/guardians and students’ other family
members when these relationships might infringe on the integrity
of the school counselor/student relationship. Inappropriate dual
relationships include, but are not limited to, providing direct
discipline, teaching courses that involve grading students and/
or accepting administrative duties in the absence of an adminis-
trator.

d. Do not use personal social media, personal e-mail accounts
or personal texts to interact with students unless specifically
encouraged and sanctioned by the school district. School coun-
selors adhere to professional boundaries and legal, ethical and
school district guidelines when using technology with students,
parents/guardians or school staff. The technology utilized,
including, but not limited to, social networking sites or apps,
should be endorsed by the school district and used for profes-
sional communication and the distribution of vital information.

A.6. Appropriate Referrals and Advocacy

School counselors:

a. Collaborate with all relevant stakeholders, including students,
educators and parents/guardians when student assistance is
needed, including the identification of early warning signs of
student distress.

b. Provide a list of resources for outside agencies and resources
in their community to student(s) and parents/guardians when
students need or request additional support. School counselors
provide multiple referral options or the district’s vetted list and
are careful not to indicate an endorsement or preference for
one counselor or practice. School counselors encourage parents
to interview outside professionals to make a personal decision
regarding the best source of assistance for their student.

c. Connect students with services provided through the local
school district and community agencies and remain aware of
state laws and local district policies related to students with
special needs, including limits to confidentiality and notification
to authorities as appropriate.

d. Develop a plan for the transitioning of primary counseling
services with minimal interruption of services. Students retain
the right for the referred services to be done in coordination
with the school counselor or to discontinue counseling services
with the school counselor while maintaining an appropriate
relationship that may include providing other school support
services.

e. Refrain from referring students based solely on the school
counselor’s personal beliefs or values rooted in one’s religion,
culture, ethnicity or personal worldview. School counselors

maintain the highest respect for student diversity. School coun-
selors should pursue additional training and supervision in areas
where they are at risk of imposing their values on students, es-
pecially when the school counselor’s values are discriminatory in
nature. School counselors do not impose their values on students
and/or families when making referrals to outside resources for
student and/or family support.

f. Attempt to establish a collaborative relationship with outside
service providers to best serve students. Request a release of in-
formation signed by the student and/or parents/guardians before
attempting to collaborate with the student’s external provider.

g. Provide internal and external service providers with accurate,
objective, meaningful data necessary to adequately assess, coun-
sel and assist the student.

h. Ensure there is not a conflict of interest in providing referral
resources. School counselors do not refer or accept a referral to
counsel a student from their school if they also work in a private
counseling practice.

A.7. Group Work

School counselors:

a. Facilitate short-term groups to address students’ academic,
career and/or social/emotional issues.

b. Inform parent/guardian(s) of student participation in a small
group.

c. Screen students for group membership.

d. Use data to measure member needs to establish well-defined
expectations of group members.

e. Communicate the aspiration of confidentiality as a group
norm, while recognizing and working from the protective
posture that confidentiality for minors in schools cannot be
guaranteed.

f. Select topics for groups with the clear understanding that
some topics are not suitable for groups in schools and accord-
ingly take precautions to protect members from harm as a result
of interactions with the group.

g. Facilitate groups from the framework of evidence-based or
research-based practices.

h. Practice within their competence level and develop profession-
al competence through training and supervision.

i. Measure the outcomes of group participation (participation,
Mindsets & Behaviors and outcome data).

j. Provide necessary follow up with group members.

A.8. Student Peer-Support Program

School counselors:

a. Safeguard the welfare of students participating in peer-to-peer
programs under their direction.

b. Supervise students engaged in peer helping, mediation and
other similar peer-support groups. School counselors are respon-
sible for appropriate skill development for students serving as
peer support in school counseling programs. School counselors

continuously monitor students who are giving peer support and
reinforce the confidential nature of their work. School counsel-
ors inform peer-support students about the parameters of when
students need to report information to responsible adults.

A.9. Serious and Foreseeable
Harm to Self and Others

School counselors:

a. Inform parents/guardians and/or appropriate authorities when
a student poses a serious and foreseeable risk of harm to self
or others. When feasible, this is to be done after careful delib-
eration and consultation with other appropriate professionals.
School counselors inform students of the school counselor’s legal
and ethical obligations to report the concern to the appropriate
authorities unless it is appropriate to withhold this information
to protect the student (e.g. student might run away if he/she
knows parents are being called). The consequence of the risk
of not giving parents/guardians a chance to intervene on behalf
of their child is too great. Even if the danger appears relatively
remote, parents should be notified.

b. Use risk assessments with caution. If risk assessments are
used by the school counselor, an intervention plan should be
developed and in place prior to this practice. When reporting
risk-assessment results to parents, school counselors do not
negate the risk of harm even if the assessment reveals a low risk
as students may minimize risk to avoid further scrutiny and/or
parental notification. School counselors report risk assessment
results to parents to underscore the need to act on behalf of a
child at risk; this is not intended to assure parents their child
isn’t at risk, which is something a school counselor cannot know
with certainty.

c. Do not release a student who is a danger to self or others until
the student has proper and necessary support. If parents will
not provide proper support, the school counselor takes neces-
sary steps to underscore to parents/guardians the necessity to
seek help and at times may include a report to child protective
services.

d. Report to parents/guardians and/or appropriate authorities
when students disclose a perpetrated or a perceived threat to
their physical or mental well-being. This threat may include, but
is not limited to, physical abuse, sexual abuse, neglect, dating
violence, bullying or sexual harassment. The school counsel-
or follows applicable federal, state and local laws and school
district policy.

A.10. Underserved and At-Risk Populations

School counselors:

a. Strive to contribute to a safe, respectful, nondiscriminatory
school environment in which all members of the school commu-
nity demonstrate respect and civility.

b. Advocate for and collaborate with students to ensure students
remain safe at home and at school. A high standard of care
includes determining what information is shared with parents/
guardians and when information creates an unsafe environment
for students.

c. Identify resources needed to optimize education.

d. Collaborate with parents/guardians, when appropriate, to
establish communication and to ensure students’ needs are met.

e. Understand students have the right to be treated in a manner
consistent with their gender identity and to be free from any
form of discipline, harassment or discrimination based on their
gender identity or gender expression.

f. Advocate for the equal right and access to free, appropri-
ate public education for all youth, in which students are not
stigmatized or isolated based on their housing status, disability,
foster care, special education status, mental health or any other
exceptionality or special need.

g. Recognize the strengths of students with disabilities as well as
their challenges and provide best practices and current research
in supporting their academic, career and social/emotional needs.

A.11. Bullying, Harassment and Child Abuse

School counselors:

a. Report to the administration all incidents of bullying, dating
violence and sexual harassment as most fall under Title IX of
the Education Amendments of 1972 or other federal and state
laws as being illegal and require administrator interventions.
School counselors provide services to victims and perpetrator
as appropriate, which may include a safety plan and reasonable
accommodations such as schedule change, but school counselors
defer to administration for all discipline issues for this or any
other federal, state or school board violation.

b. Report suspected cases of child abuse and neglect to the prop-
er authorities and take reasonable precautions to protect the
privacy of the student for whom abuse or neglect is suspected
when alerting the proper authorities.

c. Are knowledgeable about current state laws and their school
system’s procedures for reporting child abuse and neglect and
methods to advocate for students’ physical and emotional safety
following abuse/neglect reports.

d. Develop and maintain the expertise to recognize the signs and
indicators of abuse and neglect. Encourage training to enable
students and staff to have the knowledge and skills needed to
recognize the signs of abuse and neglect and to whom they
should report suspected abuse or neglect.

e. Guide and assist students who have experienced abuse and
neglect by providing appropriate services.

A.12. Student Records

School counselors:

a. Abide by the Family Educational Rights and Privacy Act
(FERPA), which defines who has access to students’ educational
records and allows parents the right to review and challenge
perceived inaccuracies in their child’s records.

b. Advocate for the ethical use of student data and records and
inform administration of inappropriate or harmful practices.

c. Recognize the difficulty in meeting the criteria of
sole-possession records.

d. Recognize that sole-possession records and case notes can be
subpoenaed unless there is a specific state statute for privileged
communication expressly protecting student/school counselor
communication.

e. Recognize that electronic communications with school offi-
cials regarding individual students, even without using student
names, are likely to create student records that must be ad-
dressed in accordance with FERPA and state laws.

f. Establish a reasonable timeline for purging sole-possession
records or case notes. Suggested guidelines include shredding pa-
per sole-possession records or deleting electronic sole-possession
records when a student transitions to the next level, transfers to
another school or graduates. School counselors do not destroy
sole-possession records that may be needed by a court of law,
such as notes on child abuse, suicide, sexual harassment or vio-
lence, without prior review and approval by school district legal
counsel. School counselors follow district policies and proce-
dures when contacting legal counsel.

A.13. Evaluation, Assessment and Interpretation

School counselors:

a. Use only valid and reliable tests and assessments with concern
for bias and cultural sensitivity.

b. Adhere to all professional standards when selecting, admin-
istering and interpreting assessment measures and only utilize
assessment measures that are within the scope of practice for
school counselors and for which they are licensed, certified and
competent.

c. Are mindful of confidentiality guidelines when utilizing paper
or electronic evaluative or assessment instruments and pro-
grams.

d. Consider the student’s developmental age, language skills and
level of competence when determining the appropriateness of an
assessment.

e. Use multiple data points when possible to provide students
and families with accurate, objective and concise information to
promote students’ well-being.

f. Provide interpretation of the nature, purposes, results and
potential impact of assessment/evaluation measures in language
the students and parents/guardians can understand.

g. Monitor the use of assessment results and interpretations
and take reasonable steps to prevent others from misusing the
information.

h. Use caution when utilizing assessment techniques, making
evaluations and interpreting the performance of populations
not represented in the norm group on which an instrument is
standardized.

i. Conduct school counseling program assessments to determine
the effectiveness of activities supporting students’ academic,
career and social/emotional development through accountabil-
ity measures, especially examining efforts to close information,
opportunity and attainment gaps.

A.14. Technical and Digital Citizenship

School counselors:

a. Demonstrate appropriate selection and use of technology and
software applications to enhance students’ academic, career and
social/emotional development. Attention is given to the ethical
and legal considerations of technological applications, including
confidentiality concerns, security issues, potential limitations and
benefits and communication practices in electronic media.

b. Take appropriate and reasonable measures for maintaining
confidentiality of student information and educational records
stored or transmitted through the use of computers, social
media, facsimile machines, telephones, voicemail, answering
machines and other electronic technology.

c. Promote the safe and responsible use of technology in collabo-
ration with educators and families.

d. Promote the benefits and clarify the limitations of various
appropriate technological applications.

e. Use established and approved means of communication with
students, maintaining appropriate boundaries. School counselors
help educate students about appropriate communication and
boundaries.

f. Advocate for equal access to technology for all students.

A.15. Virtual/Distance School Counseling

School …