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Legal and Ethical Issues in
School Counseling
By Heather McDougal, Alejandra Vaca, and
Mallory Jacobs
April 11,2011
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“Ethical decisions are usually not
clear-cut; they tend to be in the ‘gray
areas’ rather than in ‘black and white.’”
Huey, W. C., & Remley Jr., T. P. (n.d.). Ethical and Legal Issues in School Counseling. Highlights: An
ERIC/CAPS Digest. InERIC Digest. Retrieved April 3, 2011, from http://www.ericdigests.org/pre9214/legal.htm
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Responsibilities to Students
Obligation
Harm
Needs
Relationships
Respect
Support
Knowledge
Action Plan
ASCA. (1984). ASCA's Ethical Standards for School Counselor. In Legal and Ethical. Retrieved April 9, 2011,
from http://www.schoolcounselor.org/content.asp?pl=325&sl=136&contentid=136
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Student Records
Counselors
Case Notes
Records kept
to document
actions taken
to protect the
school
counselor
Academic
records or
cumulative
folders of
students
Remley, T. P., Hermann, M. A., & Huey, W. C. (2003). Ethical and Legal Issues (Second ed., pp. 223-225).
Alexandria, VA: American School Counselor Association.
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Confidentiality

Inform students

Explain the limits

Recognize the unique nature

Balancing obligations

Promote autonomy

Protect student records and data
ASCA. (1984). ASCA's Ethical Standards for School Counselor. In Legal and Ethical. Retrieved April 9,
2011, from http://www.schoolcounselor.org/content.asp?pl=325&sl=136&contentid=136
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Child Abuse and Neglect

Signs of abuse

Consequences of abuse

Parents

Parental Permission
Stone, C. (2009). School Counseling Principles Ethics and Law (Second ed.). Alexandria, VA: American
School Counselor Association.
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Sharing Information with Other
Professionals
 Awareness
 Data
 Parental
Constent
 Process
 Allies
 Records
ASCA. (1984). ASCA's Ethical Standards for School Counselor. In Legal and Ethical. Retrieved April 9, 2011,
from http://www.schoolcounselor.org/content.asp?pl=325&sl=136&contentid=136
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Bullying
Warning
Potential
Victims
Bullying
Cyberbullying
Stone, C. (2009). School Counseling Principles Ethics and Law (Second ed.). Alexandria, VA: American School Counselor
Association.
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Ethical Doubt of a Colleague
Evaluate
Seek
resolution
ASCA
Keep
documentation
Utilize
channels
ASCA. (1984). ASCA's Ethical Standards for School Counselor. In Legal and Ethical. Retrieved April 9, 2011, from
http://www.schoolcounselor.org/content.asp?pl=325&sl=136&contentid=136
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Counselor Emotions

Questioning decisions
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Gray Areas
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Answers may differ in situations
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Changes and importance of ethical and legal issues
Huey, W. C., & Remley Jr., T. P. (n.d.). Ethical and Legal Issues in School Counseling. Highlights: An ERIC/CAPS
Digest. InERIC Digest. Retrieved April 3, 2011, from http://www.ericdigests.org/pre-9214/legal.htm
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STEPS
 Steps
 To
 Ethical
 Problems
in
 Schools
Stone, C. (n.d.). Legal and Ethical. Retrieved April 9, 2011, from Google.
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STEPS cont.

What is STEPS? It’s a nine step model that considers the
emotional influences of a problem, the chronological and
developmental appropriateness of the solution, the setting
and the parent’s right. STEPS helps school counselors work
through ethical dilemmas that come with working in an
environment for academic instruction of minor clients.
Stone, C. (n.d.). Legal and Ethical. Retrieved April 9, 2011, from Google.
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STEPS cont.
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Define the problem emotionally and intellectually (what does your heart tell you – what is
your initial reaction?)

Apply the ASCA and ACA Code of Ethics and the law (Ethical dilemmas are often complex
and you will not usually find a hard and fast solution in the code/laws.)
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Consider the chronological and developmental levels (How does the student’s
development impact the dilemma and how will you approach it?)
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Consider the setting, parental rights, and minor rights (Parental rights to be informed and
involved when their child is in harm’s way must be honored.)
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Apply the moral principals (Consider autonomy, justice, loyalty, etc. and apply them to the
situation.)
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Determine the potential courses of action and their consequences (Consider possible
and probably courses of action.)
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Evaluate the selected course of action (Evaluate each option considering the information
you have gathered and assess the potential consequences for all parties involved.)
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Consult (Discuss the case with other professionals.)
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Implement the course of action (Go forward with your decision after you have considered
the previous steps.)
Stone, C. (n.d.). Legal and Ethical. Retrieved April 9, 2011, from Google.
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Fun Fact

“Sexual or romantic counselor-client interactions or
relationships with former clients, their romantic partners, or
their family member are prohibited for a period of 5 years
following the last professional contact” ACA 2005 Ethical
Code
ACA. (2005). ACA Code of Ethics. Retrieved April 4, 2011, from
http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx
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Vignettes
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Get into groups of 2-3
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Watch our acting and like it :D
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Then write down what you would do in the situation.
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Be prepared to share when everyone is done.
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Resources

Stone, C. (2009). School Counseling Principles Ethics and Law (Second
ed.). Alexandria, VA: American School Counselor Association.

Remley, T. P., Hermann, M. A., & Huey, W. C. (2003). Ethical and Legal
Issues (Second ed., pp. 223-225). Alexandria, VA: American
School Counselor Association.

Huey, W. C., & Remley Jr., T. P. (n.d.). Ethical and Legal Issues in School
Counseling. Highlights: An ERIC/CAPS Digest. InERIC Digest.
Retrieved April 3, 2011, from
http://www.ericdigests.org/pre-9214/legal.htm

ASCA. (1984). ASCA's Ethical Standards for School Counselor. In Legal
and Ethical. Retrieved April 9, 2011, from
http://www.schoolcounselor.org/content.asp?
pl=325&sl=136&contentid=136

Stone, C. (n.d.). Legal and Ethical. Retrieved April 9, 2011, from Google.

ACA. (2005). ACA Code of Ethics. Retrieved April 4, 2011, from http://
www.counseling.org/Resources/CodeOfEthics/TP/Home/
CT2.aspx