Ethics and law in school counseling

Ethics and Law in School
Counseling
I've had the privilege of teaching a graduate
course in school counseling ethics over the last
several years. My initial fear was that the class
would be deathly boring, and the students
would sit there politely with glazed eyes while
we read out of a very dry textbook and tried to
absorb information the students would never
need.
It turns out that there's a lot to talk about, and
the stories and situations I hear from students
are anything but boring! The challenge of
balancingstudent needs (which are the
officially stated "first priority" in the Ethical
Standards For School Counselors) with the
needs of everyone else involved, plus budget
issues and ever-present school politics, is an
ongoing thing.

I've written some articles and handouts for my
students about some of these recurring issues,
and I'll share them here with the hope that they
may help you navigate rough waters in your
work at some point. I've been teased about
being the Worksheet Queen for the last 25 years
-- why stop now? :)
Ethical Tips For School
Counselors
Here are some basic ethical tips for school
counselors. There's a lot to know and
remember, so having the bottom lines
summarized is a good thing. This list of 13 items
was posted on www.schoolcounselor.org but the
comments (in italics) are mine.

1. Act in the best interests of the student
clients at all times. Act in good faith and in
the absence of malice.
This is the ultimate bottom line, and the reason
we’re here – students’ needs and best interests
come first. I always heard it said, but for a long
time I didn’t know it was actually stated in the
Ethical Standards for School Counselors. It’s a
good thing to know in case you find yourself in
a situation where someone tries to tell you that
the school’s needs, parents’ needs, district’s
needs, or someone else’s needs come first. No,
they don’t.
2. Inform student clients of possible
limitations on the counseling relationship
prior to the beginning of the relationship.
I suggest that you find out your district’s
specific, written confidentiality policies, and post
them two or three different places in your office.
You may also want to have students sign and
date a statement or a form indicating that
they’ve been told the limits of confidentiality

from the beginning. Or better yet, make sure a
copy of the statement is in the student
handbook, and incorporate a policy at your
school that parents and students must read and
sign the student handbook each year. This may
sound unnecessary and over the top, but it can
save your job or your credibility in a pinch.
3. Increase awareness of personal values,
attitudes and beliefs; refer when personal
characteristics hinder effectiveness.
These could be values, attitudes, and beliefs
about culture, ethnicity, family, religion, sexual
orientation, work, time, independence,
language, abilities and disabilities, or any kind
of personal judgment about what’s right or
wrong, or what you believe people “should” or
“shouldn’t” do, say, think, feel, or believe.
Knowing your own personal biases is extremely
valuable, because ethically, you aren’t allowed
impose your biases on students or parents.
Sometimes these biases are subtle, but they
can still make a big difference in the way you do

your job.
4. Actively attempt to understand the
diverse cultural backgrounds of the clients
with whom you work, including your own
cultural/ethnic/racial identity and its
impact on your values and beliefs about
the counseling process.
There are a lot of good ways to learn about the
diversity of your students. Along with whatever
diversity classes you may have taken during
your counselor training, you can also ask
respectful questions of your students, go to
local or regional cultural events, attend
workshops and trainings, and just spend time
talking with and observing your students
outside your office.
5. Function within the boundaries of
personal competence. Be aware of personal
skill levels and limitations.
Ethically, there are various job duties and tasks
that you need specific training for before you

take them on as your responsibilities, even if
you’re assigned by your administrator to do
them. Writing 504 plans and administering
certain tests are two examples, and there are
many more. Be assertive about asking for (and
even insisting on) adequate training before you
take them on. If you make a significant mistake
in these areas, you could put your job and your
certification at risk.
6. Be able to fully explain why you do what
you do. A theoretical rationale should
undergird counseling strategies and
interventions.
This is good advice whether you need to explain
your actions or choices to your supervisor, a
colleague or faculty member, a parent or
student, or in court. Being able to explain
without becoming defensive or sarcastic is a
much needed personal and professional skill.

7. Encourage family involvement, where
possible, when working with minors in
sensitive areas that might be controversial.
Even though most of what students say to you
is confidential, finding the balance between
honoring that confidentiality and encouraging
parents to become involved can be a challenge.
If you can maintain student confidentiality but
still be supportive to the parents and help them
be involved in positive ways, everyone will
benefit.
8. Follow written job descriptions. Be sure
what you are doing is defined as an
appropriate function in your work setting.
I would encourage you to request a copy of
your job description, and file it in your office
where you can find it if you need it. If there isn’t
a specific job description, spend your first
semester or year at your job asking lots of
questions and running things by your
supervisor. You may want to take notes in those
meetings and keep them as documentation in

case you’re questioned about why you took a
certain action. Document who told you what,
and when.
9. Read and adhere to the ethical standards
of your profession. Keep copies of the ASCA
Ethical Standards for School Counselors on
hand, review them periodically and act
accordingly.
As boring and stodgy as this sounds, it’s really a
good idea. If you have a copy of the current
Ethical Standards, and someone asks you to do
something unethical, you can pull out the
written standards and point to your exact
concern. If you need to justify a decision you’ve
made, you can say, “Here’s the guideline I was
following when I decided that.”
10. Consult with other professionals
(colleagues, supervisors, counselor
educators, professional association ethics
committee, etc.) Have a readily accessible
support network of professionals.

If you’re unsure about a decision or situation,
even after consulting the Ethical Standards,
consulting with another professional (or better
yet, more than one) can help you make an
informed decision. It also helps create a sense
of team responsibility for the decision, even
though you may hold the final responsibility.
11. Join appropriate professional
associations. Read association publications
and participate in professional
development opportunities.
Again, while this may sound stodgy and boring,
it’s a good way to keep up with changes, court
cases, and helpful trends in school counseling or
education as a whole. There are often discounts
and other benefits of joining a professional
association.
12. Stay up-to-date with laws and current
court rulings, particularly those pertaining
to counseling with minors.

Joining an association is a good way to do this.
The periodic journals or newsletters will
generally offer articles and updated information,
and you’ll have easy, regular access.
13. Consult with a knowledgeable attorney,
when necessary. In questionable cases,
seek legal advice prior to initiating action.
Most districts, especially those in larger cities,
will have an attorney hired by the district, and
you’ll have access to that person if you’re
subpoenaed for any reason or come across
difficult custody cases, issues with special
education law, or something else where ethics
and the law meet in your job as a school
counselor. You can usually meet with your
school district’s attorney for free, and get some
advice and input prior to court appearances.

Along with the previous tips, I would also
recommend the following:
BE PRO-ACTIVE:
~ Seek out a mentor (or even better, two
mentors), someone at your site or in your
school district who’s open to you asking
questions on an ongoing basis. Keep a running
list of questions as they surface and ask them.
And continue to ask them. And continue to ask
them.
~ Create healthy and positive
relationships with everyone you can –
students, certified and classified staff,
administrators, parents, local agencies, etc. If

you invest the energy up front and have healthy
relationships in place, you’ll have fewer
challenges when ethical dilemmas do arise.
~ Get familiar with the neighborhood and
community where your school is located. Ask
your colleagues or supervisor what they believe
it’s important for you to know as you work in
your particular environment.
~ Get online and bookmark web pages that
you’ll need later for reference. In Arizona,
you might consider the following: Child
Protective Services, The American School
Counselor Association, the AZ State Legislature,
the AZ Department of Education, and
Community Information and Referral. All of
these sites are resources for you to draw on
when an ethical dilemma presents itself to you.
~ Find out what curriculum and materials
are available (anything related to school
counseling) at your school or district office, or
whether you’re expected to find or create your
own. Find out what your colleagues use, so you
don’t have to reinvent the wheel.

~ Find out exactly what your school or district
expects of you in terms ofdocumentation. If
you know this ahead of time, you can save
yourself a lot of trouble later.
WHEN AN ETHICAL DILEMMA ARISES:
~ Don’t assume anything. Verify everything
you can before you take action. The exception is
when you need to make a CPS report, because
CPS does the investigation. Otherwise, you can
save yourself a lot of time and energy if you
double check what you’ve been told.
~ Check for written policies and
procedures on the issue at hand. Check with a
colleague or your supervisor to see how similar
issues are usually handled. Know your chain of
command and follow those procedures in
whatever way you’ve been instructed to do.
~ If you need more information, search for
online resources and contact local
agencies who may be able to help. Again,
avoid reinventing the wheel. Whatever issue you
are facing has almost certainly been faced

before, and someone has created materials or
steps to address it.
~ Be precise and thorough with your
documentation when you encounter an ethical
dilemma, particularly one that involves alleged
abuse, pregnancy or other sexual issues, alcohol
or drugs, custody, potential for school violence,
harm or potential harm to self or others, or any
situation where a parent is particularly angry or
volatile.
~ Document times and dates of all
conversations in these cases,
recommendations you made, etc. Keep your
documentation neutral in tone, but be specific.
For instance, write, “The student said, ‘I don’t
ever want to spend the night at my dad’s house
again,’” instead of, “The student doesn’t want to
live with his raging, abusive father.”
~ Don’t show your documentation to
anyone. Even in court, you can read from your
documentation instead of showing it to another
person. Typically, once two people have seen
any written documentation, it becomes public

record and can be accessed by anyone. Follow
your school’s guidelines, but keep this in mind.
~ If you don’t know what to do in any
situation, talk with your mentors,
colleagues, supervisors, and/or
administrators before taking any
action. Ask questions, and keep asking them.
Ethical Standards
For School Counselors
While it may not be the most captivating
reading in the world, the Ethical Standards for
School Counselors is a document worth getting
to know. Keeping a copy on file in your office is
a great idea, whether you consult it to help you
make the clearest possible decision in an
unclear situation, or whether you use it to
explain to a parent or administrator why you
made the decision you did.
Here's a printable copy of the Ethical Standards
For School Counselors,the most current version,

updated in 2004. And here's a printable copy of
the Ethical Standards Plus "Bottom Lines," which
is something I developed with several of my
ethics classes at Ottawa. The "bottom lines"
aren't official, but they're a way to decipher and
clarify the sometimes dry language used in the
original Ethical Standards.
I also developed a Q & A handout based on
some of our class discussions about the Ethical
Standards. Here's the list of questions we
discuss, and the answers we've come up with so
far:
1. From the preamble: What is the
difference between “special care and

affirmation” and “preferential treatment?”
Where is the line between the two?
“Special care and affirmation” means
acknowledging and validating differences, and
accommodating them in a way that’s still fair to
everyone, and meeting the legitimate needs of
all. “Preferential treatment” means stepping
over the line into unfairness, favoritism, or
discrimination, or enabling/rescuing rather than
holding everyone accountable in a balanced
way.
2. From A.1.a: How does the bottom line of
“Students and student needs always come
first” affect or impact school politics?
Student needs must come before all other
considerations, including district politics or
insistent/demanding parents. One example is
that even if a high-powered parent tries to
intimidate the administration or teachers by
bringing an attorney to a parent-teacher
meeting, the school is still responsible for

making sure the students’ needs (not the
parents’ wishes) come first.
Another example is students whose immigration
status is undocumented. The law says all
students have the right to attend K-12 schools,
regardless of the heated political issue of
immigration or their documentation/citizenship
status.
A third example is if there were a student death
on campus, and the administration would rather
not address the issue at school. If the student
population needs help and support, those needs
come before an administrator’s discomfort with
dealing with death, grief, and loss on campus.
3. From A.3.b: When could the students’
right to choose post-secondary education
options become an ethical issue?
A student may want to do something that
his/her parents oppose, such as join the
military, play in a punk band, or go to
cosmetology school rather than a four-year
university. School counselors need to provide

the student with information about a wide
variety of options.
Also, in some cultures, it’s traditional for
parents to choose careers for their children,
even if the child wants to do something
different. Again, school counselors can provide a
variety of information and encourage students
to be true to themselves in general, but must
keep their own personal opinions out of the
picture.
4. From A.4.b: What are examples of dual
relationships with colleagues that might
impact the counselor/student relationship?
– A counselor who’s friends with or dating a
student’s parent outside of school
– A counselor who’s dating a teacher or coach in
the same school
– A counselor who’s also a student’s coach
– A counselor who has a private practice outside
of the school and whose clients include
teachers, administrators, or parents of a
student
– A counselor who lives in the same

neighborhood as a student’s family or they go
to the same church
5. From A.6.a: What are some examples of
students who would not be appropriate for
a school-based support group?
– A student who’s highly impulsive and may
repeatedly break confidentiality or not be able
to stay on task in group
– A very withdrawn student who refuses to
speak or shuts down in front of others
– A student whose issues are so intense that
they may be too much for a school based
support group (post-traumatic stress following a
gang rape, addiction to meth, panic disorder,
etc.)
– A student who has violent outbursts
– A student who’s so low-functioning that
he/she can’t do the activities (verbal or written)
that are planned for group

6. From A.6.d: Under what circumstances
would you need to follow up with a school
support group member?
– A student who implies or talks directly about
suicide during group
– A student who cried a lot during a particular
group
– A student who talks about harming someone
(self or others)
– A student who talks (directly or indirectly)
about being abused
– A student who seems particularly quiet or
withdrawn
– A student who is acting “odd” in any way –
and the counselors suspects possible drug use
or something else that just doesn’t seem right.
Follow up directly after group, or as soon as
possible.
7. From A.7.a: What are some examples of
“clear and imminent danger” that would
lead you to make a phone call home?

Suicide threat or attempt, self-injury, eating
disorders, addiction or incident with drugs,
pregnancy, sexual activity with someone over
18, or runaway plan.
8. From B.1.a: How do you balance the
students’ right to privacy with the
responsibility to collaborate with parents
whenever possible? Where is the line
between the two?
When health and/or safety are at risk, contact
parents. Let students know in advance when
you’re going to make a call, and invite them to
make the call or be present during the call. You
can express general concern to parents without
telling them all the details of what the student
said to you.
You can offer suggestions to the parent (district
approved, keeping your personal biases out of
the picture) to help resolve the issue. Or you
can ask the parents, “What can I do to support
all of you in this situation?”

9. From B.1.d: What are some specific
examples of “diversity among families”
that you may run into in regard to parents
and guardians of students?
– Multi-racial or multi-ethnic families,
gay/lesbian parents or family members (or
students)
– Students living in group homes or foster
homes
– Students living with grandparents or other
relatives
– Blended (step) families
– Non-English speaking parents
– Military families
– Families where one parent works out of town
– Diversity in family income (more or less than
the norm for your school)
– Families with non-traditional or very strong
religious practices (e.g. Jehovah’s Witnesses,
who don’t stand for the pledge of allegiance or
celebrate birthdays or Christmas)
10. From D.1.b: What are some examples
of potential threats that you would need to

report to your administration if you heard
them.
– Harm or threat of harm to others
– A physical fight on campus or directly before
or after school
– Possession of drugs or weapons at school
– A student under the influence of drugs or
alcohol at school
11. From D.1.d: What are some diplomatic
and pro-active ways you could let your
administrators know what is and isn’t
working in your program or department?
– Do student or staff surveys, and report
findings to administration
– Offer pre- and post-tests to check the
effectiveness of programs, and report findings
to administration
– If you have frustrations, make a clear and
concise list and schedule a meeting with your
administrator to discuss things, and come to the
meeting with at least one positive suggestion or

request for every frustration you list.
12. From E.1.c: Give at least five examples
of ways you can maintain ongoing personal
and professional growth (give at least
three of your examples regarding personal
growth).
– Keep up with new technologies
– Collaborate with other counselors
– Attend conferences/workshops/ trainings
– Take additional classes
– Spend time online reading articles and
websites in your counseling areas of interest
– Join a professional counseling organization
and scan their journal articles for news and
updates
– Attend or facilitate staff retreats (or personal
retreats)
– Address your own unresolved losses, traumas,
and other emotional issues
– Do lots of self-care
– Learn and use stress management techniques
– Travel during your time off

13. From E.2: Give at least five examples of
ways that you could become more aware of
and sensitive to diversity issues in your
school.
– Walk the campus between classes, during
lunch, and before and after school, and observe
interactions between students, such as how
they group themselves, who sits alone, etc.
Then stop, sit, and get to know students (unless
they’re openly hostile!).
– Talk with students and parents about diversity
issues. Ask them what they see and what they
think is needed at school regarding diversity
issues.
– Attend after-school activities such as sports,
dances, or club meetings.
– Attend different community activities or
functions with diversity themes (such as Greek
Fest, Special Olympics events, etc.).
– Sponsor a student club or a diversity night for
parents.
– Offer trainings for staff when you’ve gathered
information relevant to your school.
– Create “how to” handouts or lists of websites
for staff members to get familiar with that will

help them better understand and respond to
diversity issues.
14. From G.2: How can you stay diplomatic
and be non-confrontational in the event
that you needed to directly approach a
colleague whose ethical behavior is in
question?
1. Go directly to the person in question first,
rather than to his or her supervisor.
2. Be aware of privacy. Talk about the issue
away from other people.
3. Bring a neutral third party along if you think
that’s needed.
4. Approach the person in a friendly way, from a
place of concern, not confrontation. Use “I”
statements. “I wanted to run something by
you...” Ask for clarification.
5. Then express your concern: “My fear for you
is...” rather than, “You shouldn’t be...”

6. If possible, and if the other person seems
open to it, offer your help, ideas, or support. “Is
there anything I can do to help?” is more
compassionate and productive than, “I’m
telling!”
7. If you do ethically need to share information
with someone else (such as the person’s
supervisor), let the person know what you’re
planning to do, unless you fear for your safety.
8. If you approach the person’s supervisor,
make it clear that you’re doing so out of
concern and let the supervisor know you’ve
already approached the person directly. Seek
solutions rather than punishment.
9. Document EVERYTHING!
Ethical Questions to
Consider -- Part 1 of 5
These questions address some common “gray
areas” in legal and ethical areas of public

education. The answers were researched with
Arizona standards in mind, but may be
applicable elsewhere. I am not an attorney or
legal expert, so please check the laws and
the school counseling ethical standards in
your area, as well as your district's
policies, before taking action on these
topics.
Question 1: Who makes CPS reports and
what is the procedure for making a report?
Does that answer change depending on
whether the suspected abuse is physical,
sexual, or verbal?
Common answer that creates an ethical
dilemma:
Although CPS has made it very clear in the past
few years that the adult who first receives
information from a student about possible abuse
is the one who needs to make the report, many
schools and districts are still following the old
procedure of having one designated person on
campus make all CPS reports.

Best answer based on ethical standards
and/or the law:
Offer a training to all staff about how to make a
CPS report (the steps are simple). If you want
to have a CPS liaison on campus, designate one
knowledgeable person who will facilitate the
reports and answer questions that might arise,
but still require the first person who received
the information to make the actual call and fill
out the paperwork.
Question 2: What is the confidentiality
policy regarding student use of alcohol or
drugs off campus? Where is the line drawn
about when parents are contacted?
dilemma:
Many districts, or individual schools, create a
policy regarding off-campus alcohol or drug use
based on what’s most practical for the school,
rather than on what’s ethical or legal. For
instance, some districts say they don’t call
parents if a student reports off-campus
“experimental” use of alcohol or marijuana, and

only call if there is “obvious imminent danger,”
and the policy if often inconsistently followed.
This adheres on one level to the ethical
standards, (breaking confidentiality when there
is imminent danger), but ignores the legal
issues at hand.
and/or the law:
Let students and parents know up front that any
and all reports of alcohol or drug use off campus
will result in an immediate phone call home, and
emphasize that the focus will still be on helping
and supporting the student, rather than just
informing on them. This way students can
decide whether they want to reveal that
information, knowing what the outcome will be.
Alternatively, if your district does have an
“obvious imminent danger only” policy, specify
in writing what the parameters of the policy
include, and make sure every staff member has
a copy. Prepare for questions from angry
parents, and for possible lawsuits if parents find
out that their student, who is now in rehab or a
juvenile facility, revealed alcohol or drug use to

his/her school counselor six months ago.
policy regarding student sexual activity?
Where is the line drawn about when
parents are contacted?
dilemma:
In the state of Arizona, it is illegal for anyone
under 18 to have sex, but many schools,
especially large high schools, do not contact
parents about student sexual activity, based on
the fact that sexual activity in itself is not
considered "imminently dangerous.” The
decision is also often based on the high

numbers of sexually active teens and the
objection that if school staff had to make a
phone call home every time they found out a
student was sexually active, that’s all they
would do all day long.
and/or the law:
To follow the letter of the law, let students know
up front that any and all reports of sexual
activity (intercourse) by a minor will result in an
immediate phone call home, and emphasize that
the focus will still be on helping and supporting
the student, rather than just informing on them.
This way students can decide whether they want
to reveal that information, knowing what the
outcome will be.
Alternatively, if your district does have an
“obvious imminent danger only” policy, specify
in writing what the parameters of the policy
include, and make sure every staff member has
a copy. Prepare for questions from angry
parents, and for possible lawsuits if parents find
out that their student, who is now HIV positive,
pregnant, or fathering a child, revealed

information about being sexually active to
his/her school counselor six months ago.
One other consideration: Although it doesn’t
seem to be officially written anywhere, CPS has
confirmed by phone (on several occasions
during 2007 and 2008) that they expect a
report to be filed if any student aged 13 or
younger reports having intercourse, if a minor
has sex with anyone over 18 (even if their
birthdays are only a month apart, but one is 17
and one is 18), or if there are more than two
years’ difference in age between sexually active
minors. CPS considers each situation individually
and acts accordingly.
policy regarding suspected or confirmed
student pregnancy? Under what
circumstances are parents contacted, who
calls, and how is the call handled?
dilemma:
While most school counselors will call home if a
student is pregnant (based on health and safety

risks for the student), some larger schools and
districts actually have an official policy where
counselors are not allowed to call parents about
this, citing that this is “personal business, not
academic business.”
On the other end of the continuum, occasionally
a school counselor will call a parent when a
student reports a pregnancy, only to find out
later that the student had misinformation about
sex and pregnancy, and assumed she was
pregnant because she French kissed a boy.
and/or the law:
First of all, see question #3 and the
accompanying answers, all of which are relevant
here. Second, pregnancy clearly indicates
potential health and safety risks for students,
and a need for medical and nutritional attention,
and so requires a phone call home just for those
reasons. Third, if there were medical
complications and a student had a miscarriage
or her own health problems associated with
pregnancy, and the parents found out that the

student had reported the pregnancy to the
school, the potential for a lawsuit is very high.
So, let the student know up front that in the
case of a confirmed pregnancy, you must call
home, simply for health and safety reasons. You
can have a list of exceptions to confidentiality
posted in your office, or hand out an information
sheet the first time you meet a student, or
publish the list in the student handbook and
have students and parents sign off on it at the
beginning of each school year.
I would recommend first asking the student how
the pregnancy was confirmed (pregnancy test,
visit to a doctor, etc.), and then let the student
know you will be calling home. Ask if she has a
preference about which parent you call. Ask if
she would like to make the call with you present
(you dial, and confirm that you’re talking to a
parent before handing the phone to the
student), or if she would like to stay in the room
with you while you call. These questions help
maintain trust between you and the student,
even though you have to call home.

Call the parent immediately. Many school
counselors have historically given the student a
few days to tell her parents, but in recent years,
there have been students who left the
counselor’s office, went home and attempted
suicide (completed suicide in one East Valley
district), attempted to trigger an abortion, or
have done something equally dangerous. Don’t
wait!
When you get the parent on the phone, be sure
to ask if he or she can talk privately for a few
minutes, rather than just blurting out the
information while the parent is at work or on the
freeway! Once past the initial stage of the
conversation, recommend that the student see a
doctor as soon as possible, answer any
questions you can, and ask if you can support
the student or the parent in any way.
Confidentiality
Guidelines
Confidentiality is one of the main ethical
considerations for school counselors. How do we

maintain students' trust, but still do what we
can to keep students safe and parents
informed? How do laws and ethics co-exist?
Here are some basic questions and answers on
this topic for school counselors.
1. What exactly is confidentiality, and how
is it different from legal privilege?
I like the definition given in a 2002 article in the
Journal of Professional School Counseling:
“Confidentiality is a professional’s promise or
contract to respect clients’ privacy by not
disclosing anything revealed during counseling,
except under agreed upon conditions.”
Legal privilege is different. While confidentiality
in school counseling is an ethical term, legal
privilege is (obviously) a legal term. Whenever
there’s a struggle between ethics and the law,
the law always prevails. Legal privilege is given
to attorneys, doctors, and licensed professional
counselors, among others. But in many states,
school counselors arecertified rather

than licensed, so legal privilege doesn’t apply.
2. Does that mean there’s really no such
thing as confidentiality for minor students?
How does this differ for minors, parents of
minors, and adults in general?
There is still such a thing as confidentiality for
minors, but there are certain legal exceptions
that must be considered. For instance, when it
comes to informed consent (such as consent for
the student to see the school counselor, or
consent for a student to join a school support
group), FERPA laws say that until a student is
18, the parents have the right to give or deny
consent.
3. So a school counselor can’t see a minor
student without parental consent?
A parent can specifically forbid a minor student
to see the school counselor, or specifically forbid
the counselor to work with a minor student. But
as long as the parent hasn’t stated that
specifically, school counseling is considered a

regular educational service provided by the
school, so legally the counselor can see a minor
student without parent consent. (See the PDF
version of this page below for more detailed
information.)
4. Who is actually the school counselor’s
“client?” The minor student, or the
parents?
Even with the legal issues involved, from an
ethical standpoint, the school counselor’s client
is the student. This is one of the first things
discussed in the Ethical Standards for School
Counselors (2004). The parents’ needs are
considered, but the needs of the students come
first, above all others.
Here’s another excerpt from the same JPSC
article: “In attempting to weigh their legal and
ethical obligations, it is helpful for school
counselors to clearly identify those they
consider to be "clients."
"School counselors are part of an educational
community. As such, they consult with teachers,

administrators, and parents. It is important for
school counselors to clarify that their
consultation is on behalf of students and that
only the students are their clients (except if
school counselors offer counseling to students'
families).”
5. What are the limits of confidentiality for
school counselors?
Ethically, school counselors are required to take
appropriate action if students engage in
behavior that presents clear and imminent
danger to themselves and others. Legally,
they're required to report known or suspected
child abuse or neglect, and they're also required
to respond to subpoenas and participate in other
legal proceedings dictated by the courts.

(For more detailed information, please read the
PDF version of this article, available below.)
6. How can I be proactive and prevent
problems with confidentiality?
The best way to prevent problems is to provide
the student and the parents with information
about confidentiality before the school year
begins, and keep the information visible and
available at all times.
I would recommend posting your school's
guidelines in various places before the school
year begins -- in the student handbook, on the
counseling department's web page, on flyers in
your office, at the first meeting between the
counselor and each student.
7. How do I prepare a student if I need to
reveal information?
When you do encounter a situation where you
need to notify a parent, CPS, your

administrator, or someone else, here are some
suggestions, and things to keep in mind:
– If you feel it necessary to share confidential
information, let the student know ahead of time
that you plan to do it, and what you plan to say.
– Sometimes it’s easier than you think it will be.
If the issue is something borderline, meaning
that you may need to call a parent, but you
aren’t sure yet, ask the student, “Do you mind if
I talk with one of your parents about that?”
Sometimes students don’t mind at all, and will
say, “Go ahead – it’s fine with me.”
– Assure parents from the beginning, whether in
writing or directly, that you will let them know if
their students are in harm’s way. Most often,
that’s what parents really want to know.
– If you need to reveal information to parents,
encourage the student to make the call from
your office (you dial, and be sure you’re actually
talking with the parent, then hand the phone
over to the student or put the call on speaker
phone), to be present for the call, or to meet
with you and the parents together.

– If you’re still unsure about what to do,
consult, consult, and consult. Then take the
action you think is best, and document
everything, including your consultation
conversations and conversations with parents.
(Again, for more detailed suggestions, see the
PDF article below).
8. What does a school counseling
confidentiality policy look like?
Click on the PDF version of this article below to
find samples of:
– A signature sheet you could have students
sign when they meet you individually for the
first time, or a statement that could be put into
a student handbook, or on the guidance web
page for your school (minus the signature lines
on the web page).
– A flyer you could post in your office
(preferably in more than one place) to remind
students about confidentiality guidelines and
exceptions.

Documentation Tips and
Guidelines
There is no way to give one absolute set of
guidelines for documentation in a school
counseling setting. Each district and each school
may have its own policies, based on the needs
of its students or community. Having said that,
here are some things to consider.
Basic Considerations:
First, check with your supervisor to find out if
there is a specific procedure or set of guidelines
already in place. If there is, please use it, but
you may also want to consider the following
items so you can be as efficient and effective as
possible, and so you can be prepared in case
legal or ethical dilemmas arise.
Unlike social workers and clinical counselors,
whose documentation is considered “case notes”
and may be read by various people, school
counselors often keep “anecdotal notes,” which

are separate from the student’s permanent
record, and kept in folders in each counselor’s
private filing cabinet. I would encourage you to
ask your supervisor in advance who has access
to your files and who is allowed to see them
upon request.
For instance, if a parent asks to see your notes,
are you allowed (or required) to grant that
request? Does your administration have the
right to access your files? It’s important to know
this ahead of time.
Anecdotal Notes:
If your records are considered “anecdotal
notes,” then they are your personal property
and are not to be shown to anyone, under any
circumstances. When I worked in the public
schools, I was taught that if I physically show
my notes to one other person, the notes
become public property and can no longer be
considered confidential, so anyone can see them
– they could even be printed in the newspaper.
Even if I was subpoenaed, I was instructed to
take my notes with me and read from them in

court, but not to visually show them or turn
them over to anyone.
If you are keeping anecdotal notes, you may
want to consider including a simple, one-page
summary of your time spent with a particular
student, which you could refer to, or even make
copies of, if a parent or your administrator
requested the information. A sample of a
summary like this is included later in this article.
When To Get More Detailed:
If you are keeping anecdotal records, there are
certain situations where you will want to take
more detailed notes, usually on a separate page
from your basic summary. These are typically
the times when student safety is in question, or
there may be legal involvement, and you are
required to notify parents, administration, the
school nurse, the police, or CPS about
something a student has told you. These
situations will most often include the following:
~ Any question of a student’s safety being at
risk

~ Self-harm (such as cutting, eating disorders,
etc.) or suicide attempt or plan
~ Threats of violence or harm to others,
particularly at school
~ Drugs or weapons on campus; some off-
campus drug use
~ Known or suspected abuse or neglect
~ Suspected or confirmed pregnancy
~ Sexual activity between minors and adults
(even with consent)
~ Harassment, bullying, or discrimination
~ Cheating, stealing, etc., particularly at school
~ Custody battles (because of potential legal
involvement)
~ Angry or volatile parents in most any situation
~ Any other situation you feel uneasy about –
better safe than sorry!
Which Details To Include:

When you do need to get more detailed, here
are some things to include in your
documentation:
~ The time and date that you spoke with the
student
~ Exactly what the student said, in quotes,
without paraphrasing or editorializing
~ Interventions that you did with the student at
the time (processes you walked them through,
worksheets you had them fill out, etc.)
~ Recommendations or suggestions that you
made to the student
~ Follow-up calls or conversations you had with
anyone else (parents, administrators, police,
CPS, etc.) including time and date, who you
spoke with, and the content of those
conversations, also specifically quoting rather
than paraphrasing what the other parties said
when it seems significant
~ Any recommendations, referrals or
community resources you offered to the parents

~ Any other details you want to have in writing
for future reference
Documenting on the Computer:
If you are keeping your anecdotal records on a
computer that is owned by the school, which is
the case in some districts, please keep in mind
that even if your records are considered
confidential, they are still part of a bigger
network and may be accessed by others. If you
want more privacy than that, you may choose at
certain times to hand write your notes and keep
them in a locked filing cabinet.

Some districts are requiring counselors to do all
of their documentation on the school’s shared
computer system, where it can be seen by other
counselors, administration, and anyone with
access to this system. While I believe this is a
huge violation of ethics and
confidentiality, it is the policy in some schools.
If your school requires this, I strongly
encourage you to keep that documentation very
general and minimal, and keep more detailed
notes in student files, in a locked filing cabinet
in your office. Ethically, informing students and
parents about this computerized documentation
system is important – they have a right to know
in advance who will have access to their
records.
Documentation at Different Grade Levels:
If you are a high school guidance counselor, you
may not be required to keep track of every
student you see, or those records may be kept
on sign-up sheets in the reception area of the
guidance department. If that is the case, the
only time you will need to document specific

information is when you have an exception to
your regular confidentiality guidelines – in other
words, if you need to notify parents,
administration, or the school nurse about
something, or make a CPS or police report.
If you are a school counselor anywhere in the K-
8 grade levels, you may be required to keep
documentation of every student you see, as well
as more specific and detailed notes in situations
where safety or legality is a concern. Again,
check with your supervisor in advance to see
what is expected.
Documentation Options:
If you are required to keep basic documentation
of every student you see, whether for statistical
purposes or accountability, one of the easiest
ways to do this is to use a daily planner or
calendar and just write in the names of the
students you see each day, along with your
other daily information. If you need to keep
track of other basic information such as how
many students you see from each grade level,

or on what subjects, you could make notations
on your calendar such as:
Sarah Jones, 6th gr., gossip
Zach Garcia, 8th gr., scheduling
Emily Miller, 4th gr., grief
If you need a basic documentation list of all
student you see, which you can then turn in to
your supervisor or principal (and you don’t want
to make copies of your daily planner, which
might contain other information you don’t want
made public), you can create a separate form
that you can photocopy and turn in periodically.
This also means you can keep the vast majority
of your documentation very brief, and save the
detailed note-taking for the times it’s actually
needed. Please see the example given in the
PDF version of this article below as “Record of
All Students Seen.”
If you need to create separate folders for some
or all of the students you see, I would
recommend having one basic documentation
sheet for each student that you could photocopy
and turn in to a supervisor or administrator if

needed, and that you keep additional anecdotal
notes on separate pages, also stored in the
student’s folder. That way, the basic sheet is
your “official documentation” and any additional
notes are anecdotal records and are your
private property, not to be shared. Please see
the example given in the article below
as “Individual Student Contact Sheet.”
You may need to document parent contacts as
well, and I would certainly recommend it in any
case where you are notifying parents about a
safety issue or another touchy or controversial
issue involving their child. In some schools, you
will be asked to keep this as a separate record,
and in others, it will be part of your regular daily
documentation and can be listed along with
student contacts or in your daily planner or
calendar. I would suggest keeping track of
parent contacts in the student’s individual
folder. If you need to make a separate log,
please see the example given in the article
below as “Parent Contact Log.”
If you are facilitating one or more support
groups, you may also want to keep track of the

students in your group, group attendance, and
what topics or lessons you’ve covered in group.
Please see the example given in the article
below as “Support Group Log.”
http://www.school-counseling-
zone.com/ethics.html

Ethics and law in school counseling

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to Ethics and law in school counseling

Similar to Ethics and law in school counseling (20)

Recently uploaded

Recently uploaded (20)

Ethics and law in school counseling