Presentation Advanced Counseling: Legal Issues.pptx

Talks about legal issues relevant to school counseling

1. Legal Issues Relevant to School Counseling Presented by: Clyde Pearl Silos

2. Topic/Agenda 1. Importance of Understanding Legal Issues in School Counseling. 3. Confidentiality and Privacy 4. Informed Consent 5. Duty to Warn and Protect 6. Special Education and Accommodations 7. Anti-Bullying Laws 2. Legal Foundations

3. Importance of Understanding Legal Issues in School Counseling. Ethical Standards and Professional Conduct Understanding legal issues in school counseling is crucial for ensuring that counselors adhere to ethical standards and maintain professional conduct. It helps counselors navigate the boundaries of confidentiality, informed consent, and privacy laws. Being aware of legal obligations promotes trust and credibility in the counselor -client relationship. 2. Student Welfare and Safety Legal knowledge is essential for promoting student welfare and safety. School counselors need to be familiar with laws related to child protection, mandatory reporting, and anti-discrimination. This understanding enables counselors to create a safe and supportive environment, addressing potential legal concerns that may impact students' well-being.

4. The Legal Landscape That Governs The Practice Of School Counseling

5. Federal Laws • Republic Act 11650 or the "Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act” was passed in 2022. It is the policy of the State to protect and promote the right of all citizens to quality education at all levels. It shall take appropriate steps to make such education accessible to all. • FERPA (Family Educational Rights and Privacy Act): FERPA is a federal law that protects the privacy of student education records. School counselors must adhere to FERPA regulations when handling and disclosing student information, balancing the need for confidentiality with legal requirements. Republic Act No. 7610 , also known as the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act," is a critical piece of legislation in the Philippines that addresses child protection, including cases of minor physical abuse. Republic Act 9258 (Guidance and Counseling Act of 2004): This law regulates the practice of guidance and counseling in the Philippines. It sets the standards for the licensing and professional growth of guidance counselors.

6. Federal Laws Republic Act 10627 (Anti-Bullying Act of 2013): This law addresses bullying in schools, mandating the adoption of policies and programs to prevent and address bullying incidents. School counselors play a role in implementing anti-bullying measures and supporting affected students. Republic Act 10931 (Universal Access to Quality Tertiary Education Act): While primarily focused on tertiary education, this law may have implications for school counseling as it addresses issues related to access to education. Republic Act 10533 (Enhanced Basic Education Act of 2013): Commonly known as the K-12 Law, this act outlines the structure and framework of the Philippine educational system, including the roles and responsibilities of various stakeholders, which may include guidance counselors.

7. State Laws and Regulations • Each state has its own set of laws and regulations governing education and, by extension, school counseling . These can cover a wide range of issues, including student rights, counselor qualifications, and specific guidelines for handling certain situations. • State laws may also address broader educational policies and initiatives, influencing the overall context in which school counselors operate.

8. 3. Risk Mitigation Why it is important to understand the federal and state laws? 1. Compliance 2. Advocacy 4. Ethical Practice

9. The Confidentiality And Privacy

10. Confidentiality in the Counseling Confidentiality in the counseling relationship refers to the ethical obligation of counselors to keep information shared by the student confidential. This creates a safe and trusting environment, which is crucial for effective counseling . Imminent Danger: Scenario: A high school student, Sarah, confides in the counselor that she has been feeling overwhelmed and is considering self-harm. Sarah doesn't want anyone to know about it. Confidentiality Dilemma: The counselor faces a dilemma as Sarah's safety is at risk. The counselor is obligated to break confidentiality and inform the school administration, parents, or mental health professionals to ensure immediate intervention and support for Sarah. For example:

11. Child Abuse: Scenario: Michael, a middle school student, reveals to the counselor that he is regularly subjected to physical abuse at home by a family member. Confidentiality Dilemma: The counselor is legally obligated to report suspected child abuse. In this case, the counselor must breach confidentiality to report the abuse to child protective services, initiating the necessary steps to ensure Michael's safety. Court Orders: Scenario: Emily, a high school student, is involved in a legal dispute between her parents. One parent obtains a court order to access Emily's counseling records as part of the proceedings. Confidentiality Dilemma: While counseling records are generally confidential, a court order may override this. The counselor must comply with the court order to provide the requested information, balancing legal obligations with the need to protect the student's privacy to the extent possible.

12. Collaboration with Other Professionals: Scenario: The school counselor is working with a student, Alex, who is struggling academically. The counselor discusses relevant information with Alex's teacher to implement appropriate support strategies. Confidentiality Consideration: While collaboration with school staff is essential, the counselor must be cautious not to disclose overly sensitive details about Alex's personal life unless it directly impacts their academic needs. The counselor must strike a balance between providing necessary information and protecting the student's privacy.

13. Addressing Privacy Concerns and Legal Requirements (FERPA): The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It outlines the rights of parents and eligible students regarding the confidentiality of student records. Scenarios: Parental Access to Records:   Under FERPA, parents can access their child's educational records. However, specific information related to counseling may be excluded if the student is legally allowed to control access to it. Sharing Information with School Staff:   FERPA permits sharing information with school staff with a legitimate educational interest. 3. Third-Party Requests:   FERPA restricts disclosing student information to third parties without explicit consent. If a non-school entity, such as a mental health professional outside the school, requests information, the counselor must obtain consent from the student or their parents. 4. Student Privacy Rights:   FERPA grants students 18 years of age or older or attending post-secondary institutions the right to control access to their educational records. Counselors must respect these privacy rights unless there are circumstances that require disclosure.

14. Informed Consent: Importance Of Obtaining Informed Consent From Students And Parents

15. Elements of a Valid Informed Consent Process: Information Disclosure: Providing clear and comprehensive information about the counseling process, including its purpose, methods, potential risks, benefits, and any alternative options. Voluntary Participation: Ensuring that participation in counseling is entirely voluntary, and clients have the right to withdraw at any time without facing negative consequences.

16. Capacity to Consent: Ensuring that individuals, especially minors, can understand the information provided and make an informed decision. Competence of the Counselor : Providing information about the counselor's qualifications, experience, and any relevant credentials.

17. Duty To Warn And Protect

18. Duty to Warn and Protect: The duty to warn and protect is an ethical and, in some cases, legal obligation of counselors to take action when they believe a client poses a serious risk of harm to themselves or others. It involves a responsibility to prevent foreseeable harm by disclosing information to appropriate individuals or authorities. Examples of Situations Where Counselors May Need to Breach Confidentiality : 1. Suicidal Ideation: Scenario: A high school student, Alex, reveals persistent thoughts of suicide during counseling sessions. Duty to Warn: The counselor may need to breach confidentiality by notifying parents, school administrators, and possibly mental health professionals to ensure Alex's safety.

19. 3 . Threats to Others: Scenario: A student, Sarah, expresses intentions to harm a teacher or fellow students. Duty to Warn: The counselor must breach confidentiality to alert school staff, administrators, and possibly law enforcement to mitigate the potential threat and protect others. 2. Homicidal Intentions: Scenario: A student, Emily, discloses detailed plans to harm another student. Duty to Warn: The counselor is obligated to breach confidentiality by informing school authorities, the potential victim, and, if necessary, law enforcement to prevent harm .

20. 4. Child Abuse or Neglect Scenario: A middle school student, James, discloses ongoing physical abuse at home. Duty to Protect: The counselor must breach confidentiality to report the suspected child abuse, ensuring that appropriate authorities are notified to intervene and protect James.

21. Professional Consequences: Counselors who fail to fulfill their duty to warn and protect may face professional consequences, including licensure revocation and disciplinary actions. Legal Liability: If harm occurs due to a counselor's failure to warn or protect when required, legal liability may ensue. This could result in lawsuits and financial penalties. Ethical Violations: Failing to fulfill the duty to warn and protect is considered an ethical violation damaging the counselor's professional reputation and standing within the counseling community. Potential Criminal Charges: In extreme cases where harm is severe, counselors may face criminal charges for negligence or failure to take appropriate action. Legal Implications of Failing to Fulfill the Duty to Warn and Protect

22. Special Education And Accommodations

23. C ommon roles and responsibilities that counselors may have in the context of inclusive education: 1. Assessment and Identification: Counselors may be involved in the assessment and identification of learners with disabilities. 2. Collaboration with Teachers and Parents: Counselors often work closely with teachers, parents, and other education professionals to create a supportive and inclusive environment. 3. Behavioral and Emotional Support: Counselors may address the behavioral and emotional needs of students with disabilities. 4. Advocacy: Counselors may advocate for the rights and needs of learners with disabilities within the school system.

24. 5. Individualized Education Plan (IEP) Development: Counselors may participate in the development and review of Individualized Education Plans (IEPs) for students with disabilities.

25. Anti-bullying Laws

26. Republic Act 10627 , or the Anti-Bullying Act (the “Act”), aims to protect children enrolled in kindergarten, elementary, and secondary schools and learning centers (collectively, “Schools”) from being bullied. It requires Schools to adopt policies to address the existence of bullying in their respective institutions. What is Bullying? Bullying, as defined under the Act, is any severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; Where may bullying be committed? School grounds; Property immediately adjacent to School grounds; School-sponsored or School-related activities, functions, or programs whether on or off School grounds; School bus stops;

27. School buses or other vehicles owned, leased, or used by a School; or School buses or School services are privately owned but accredited by the School. Bullying may also occur at unrelated locations, functions, or programs, through the use of technology an electronic device, or other forms of media, regardless if such is owned, leased, or used by the School. What is required of Schools under the Act? Schools are directed to adopt policies, which are to be regularly updated, to address the existence of bullying in their respective institutions. These policies are to be reported to the appropriate school division superintendent of the Department of Education (“Department”) during the first week of every academic year. During this period, the School shall also submit a report of relevant information and statistics on bullying and retaliation culled from the previous academic year.

28.   What must these policies contain? Schools must likewise define the range of administrative disciplinary actions that may be taken against a bully, or a person who commits retaliation: written reprimands, community service, suspension, exclusion, or expulsion, as the case may be.  In addition, any action taken against a perpetrator of bullying or retaliation must necessarily include the requirement that the perpetrator enter into a rehabilitation program administered by the School. Who will implement these anti-bullying policies in the School? The School’s Child Protection Committee (“Committee”) shall serve as the body that will handle all bullying cases in the School: the School head or administrator as chairperson; the School guidance counselor /teacher as vice chairperson; a representative of the schoolteachers as designated by the School faculty; a representative of the parents as designated by the Parents-Teachers Association; a representative of the students, except in kindergarten, as designated by the student council; and a representative of the community as designated by the barangay captain where the school is located. The inclusion of a community representative may be dispensed with by private Schools.

29. What are the duties of the Committee? Under the Act, they shall perform the following: Conduct awareness-raising programs with school stakeholders in preventing and addressing bullying; Ensure that the anti-bullying policy adopted by the School is implemented; Monitor all cases or incidents related to all reported cases of bullying; and Make the necessary referrals to appropriate agencies, offices, or persons, as may be required by the circumstances. What happens if the School, or its personnel, fails to comply with the Act? School personnel of Public Schools shall be subject to administrative disciplinary proceedings under the rules of the Civil Service or the Department.  Erring personnel of private Schools shall be subject to appropriate administrative disciplinary proceedings imposed by the private school. Copies of such decisions shall be submitted by the private School to the Department’s division office. Private Schools that fail to comply with the Act and its IRR shall be given notice of such failure by the Department’s division office. The School shall be given thirty (30) days within which to comply. A further extension of one (1) month may be granted by the Department’s Regional Director in meritorious cases. Failure to comply with the Act or its IRR may cause the School’s suspension or revocation of license .

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31. References: School counselor’s federal regulations- https://www.Stackcache.Io/education-training-and-library/school-counselors-federal-regulations/ A look at ethical issues in school counseling https://onlineprograms.Ollusa.Edu/resources/article/ethical-issues-in-school-counseling/ Informed consent with children: ethical and practical implications https://files.Eric.Ed.Gov/fulltext/EJ629087.Pdf Counseling suicidal teens: A duty to warn and protect https://eric.Ed.Gov/?Id=ej408174 REALTIME COUNSELLING https://www.Realtimecounselling.Com/services RA 10627: the anti-bullying act https://elegal.Ph/republic-act-no-10627-the-anti-bullying-act/ A beacon of hope for Filipino public-school children: RA 11650 https://pasp.Org.Ph/articles/12759986#:~:text=what%20is%20ra%2011650%20all,learning%20resource%20center%20(ilrc) Republic act no. 9258      https://lawphil.Net/statutes/repacts/ra2004/ra_9258_2004.Html Republic Act No. 9258 https://lawphil.net/statutes/repacts/ra2004/ra_9258_2004.html