Understanding ethics and being able to apply ethical codes to

Preamble

The American School Counselor Association (ASCA) is a profes- sional organization supporting school counselors, school coun- seling students/interns, school counseling program directors/ supervisors and school counselor educators. These standards are the ethical responsibility of all school counseling professionals.

School counselors have unique qualifications and skills to implement a comprehensive school counseling program that addresses pre-K–12 students’ academic, career and social/ emotional development needs. School counselors are leaders, advocates, collaborators and consultants who create systemic change to ensure equitable educational outcomes through the school counseling program. School counselors demonstrate the belief that all students have the ability to learn by advocating for and contributing to an education system that provides optimal learning environments for all students.

All students have the right to:

• Be respected and treated with dignity.

• A physically and emotionally safe, inclusive and healthy school environment, both in-person and through digital platforms, free from abuse, bullying, harassment, discrimination and any other forms of violence.

• Equitable access to a school counseling program that promotes academic, career and social/emotional development and improves student outcomes for all students, including students historically and currently marginalized by the education system.

• Equitable access to school counselors who support students from all backgrounds and circumstances and who advocate for and affirm all students regardless of but not limited to ethnic/racial identity; nationality; age; social class; economic status; abilities/disabilities; language; immigration status; sexual orientation; gender identity; gender expression; family type; religious/spiritual identity; and living situations, including emancipated minor status, wards of the state, homelessness or incarceration.

• Information and support needed to enhance self-development and affirmation within one’s group identities.

• Critical, timely information, beginning with pre-K through grade 12, on how college/university, career and technical school, military, workforce and other postsecondary options can have an impact on their educational choices and future opportunities.

• Privacy that is honored to the greatest extent possible, which at times may be limited by school counselors’ balance of other competing interests (e.g., best interests of students, the safety of others, parental rights) and adherence to laws,

ASCA Ethical Standards for School Counselors

(Adopted 1984; revised 1992, 1998, 2004, 2010, 2016, 2022)

policies and ethical standards pertaining to confidentiality and disclosure in the school setting.

Purpose

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

The purpose of this document is to:

• Serve as a guide for the ethical practices of all individuals serving in a school counseling capacity, including school counselors, school counseling students/interns, supervisors/ directors of school counseling programs and school counselor educators regardless of grade level, geographic area, popula- tion served or ASCA membership.

• Provide support and direction for self-assessment, peer consultation and performance appraisal regarding school counselors’ responsibilities to students, parents/guardians, colleagues and professional associates, school district and em- ployees, communities and the school counseling profession.

• Inform all educational stakeholders, including but not limited to students, parents/guardians, teachers/staff, administra- tors, community members, legal professionals and courts of justice, regarding the 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. Foster and affirm all students and their identity and psychosocial development.

c. Support all students and their development by actively working to eliminate systemic barriers or bias impeding student development.

d. Provide culturally responsive instruction and appraisal and advisement to students.

e. Provide culturally responsive counseling to students in a brief context and support students and families/guardians in obtaining outside services if students need long-term clinical/ mental health counseling.

f. Do not diagnose but recognize how a student’s diagnosis and environment can potentially affect the student’s access, participation and ability to achieve academic, postsecondary and social/emotional success.

g. Acknowledge the vital role and rights of parents/guardians, families and tribal communities.

h. Respect students’ and families’ values, beliefs and cultural background, as well as students’ sexual orientation, gender identity and gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one’s religion, culture or ethnicity.

i. Are knowledgeable of local, state and federal laws, as well as school and district policies and procedures affecting students and families and strive to protect and inform students and families regarding their rights.

j. Advocate for equitable, anti-oppressive and anti-bias policies and procedures, systems and practices, and provide effective, evidence-based and culturally sustaining interventions to address student needs.

k. Involve diverse networks of support, including but not limited to educational teams, community and tribal agencies and partners, wraparound services and vocational rehabilitation services as needed to best serve students.

l. Maintain appropriate boundaries and are aware that any sexual or romantic relationship with students (whether legal or illegal in the state of employment) is a grievous breach of ethics and is prohibited regardless of a student’s age or consent. 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 appropriate rationale and procedures for disclosure of student data and information to school staff.

b. Inform students of the purposes, goals, techniques, rules and procedures under which they may receive counseling. Disclosure includes informed consent and clarification of the limits of confidentiality.

c. Recognize that informed consent requires competence, voluntariness and knowledge on students’ part to understand the limits of confidentiality and, therefore, can be difficult to obtain from students of certain developmental levels and special-needs populations. The school counselor should make attempts to gain assent appropriate to the individual student (e.g., in the student’s preferred language) prior to disclosure.

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

e. Explain the limits of confidentiality in developmentally appropriate terms through multiple methods, such as student handbooks; classroom lessons; verbal notification to individual students; and school counseling department websites, brochures and social media accounts.

f. Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others. Serious and foreseeable harm is different for each minor in schools and is determined by a student’s developmental and chronological age, the setting, parental/guardian rights and the nature of the harm. School counselors consult with appropriate professionals when in doubt as to the validity of an exception.

g. Recognize their primary ethical obligation for confidentiality is to the students but balance that obligation with an understanding 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.

h. Collaborate with and involve 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 developmental age and the circumstances requiring the breach are considered and, as appropriate, students are engaged in a discussion about the method and timing of the breach. Consultation with professional peers and/or supervision is recommended.

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 of personal data in accordance with prescribed federal and state laws and district and school policies.

k. Recognize the vulnerability of confidentiality in electronic communications and only transmit student information electronically in a way that follows currently accepted security standards and meets federal, state and local laws and school 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 email. Adhere to federal, state and local laws 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 legal specifications and currently acceptable security standards.

p. Advocate for physical and virtual workspaces that are arranged to protect the confidentiality of students’ communications and records.

A.3. Comprehensive School Counseling Program

School counselors:

a. Provide students with a culturally responsive school counseling program that promotes academic, career and social/emotional development and equitable opportunity and achievement outcomes for all students.

b. Collaborate with administration, teachers, staff and stakeholders for equitable school improvement goals.

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

d. Review and use school and student data to assess and address needs, including but not limited to data on strengths and disparities that may exist related to gender, race, ethnicity, socioeconomic status, disability and/or other relevant classifications.

e. Deliver research-based interventions to help close achievement, attainment, information, attendance, discipline, resource and opportunity gaps.

f. Collect and analyze participation, ASCA Mindsets & Behaviors and outcome data to determine the progress and effectiveness of the school counseling program.

g. Share data outcomes with stakeholders.

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

School counselors:

a. Collaborate with a community of stakeholders to create a culture of postsecondary readiness.

b. Provide and advocate for all students’ pre-K–postsecondary career awareness, exploration, and postsecondary planning and decision-making to support students’ right to choose from the wide array of career and postsecondary options, including but not limited to college/university, career and technical school, military or workforce.

c. Identify and examine gaps in college and career access and address both intentional and unintentional biases in postsecondary and career counseling.

d. Provide opportunities for all students to develop a positive attitude toward learning, effective learning strategies, self- management and social skills and an understanding that lifelong learning is part of long-term career success.

e. Address their personal biases related to students’ postsecondary choices.

f. Address any inequitable systemic policies and practices related to students’ postsecondary choices.

A.5. Sustaining Healthy Relationships and Managing Boundaries

School counselors:

a. Engage in professional roles and relationships with students and stakeholders that foster wellness and student success.

b. Recognize that establishing credibility, rapport and an effective working alliance with some students and stakeholders may be facilitated by developing relationships that extend beyond the school day and building (e.g., attending community events, advocating for community improvement for and with students and stakeholders, joining community enhancement organizations).

c. Assess potential risks and benefits prior to extending relationships beyond the school building and school hours (e.g., attending students off-site extracurricular activities, celebrations honoring students, hospital visits, funerals).

d. Document the nature of relationship extensions, including the rationale, potential benefit and possible consequences for the student and school counselor.

e. Act to eliminate and/or reduce the potential for harm to students and stakeholders in any relationships or interactions by using safeguards, such as informed consent, consultation, supervision and documentation.

f. Prevent potential harm to students and stakeholders with whom the school counselor’s judgment may be compromised (e.g., family members, children of close friends) by helping facilitate the provision of alternative services or resources when available.

g. Adhere to legal, ethical, district and school policies and guidelines regarding relationships with students and stakeholders.

h. Refrain from the use of personal social media, text and email accounts to interact with students unless sanctioned by the school district. Adhere to legal, ethical, district and school policies and guidelines when using technology with students and stakeholders.

i. Avoid inappropriate roles and relationships such as providing direct discipline, teaching courses that involve grading students and accepting administrative duties in the absence of an administrator.

j. Strive to avoid a conflict of interest through self-promotion that would benefit the school counselor personally and/or financially (e.g., advertising their products and/or services).

A.6. Appropriate Collaboration, Advocacy and Referrals for Counseling

School counselors:

a. Collaborate with all relevant stakeholders, including students, school faculty/staff and parents/guardians, when students need assistance, including when early warning signs of student distress are identified.

b. Provide a list of outside agencies and resources in their community, or the closest available, to students and parents/ guardians when students need or request additional support. School counselors provide multiple referral options or the district-vetted list of referrals options and are careful not to indicate an endorsement or preference for one individual or practice. School counselors encourage parents/guardians to research outside professionals’ skills/experience to inform their 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 conducted in coordination with the school counselor or to discontinue counseling services with the school counselor while maintaining an appropriate relationship that may include participation in 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 cultural identities and worldviews. School counselors pursue additional training and supervision when their values are discriminatory in nature (e.g., sexual orientation, gender identity, gender expression, reproductive rights, race, religion, ability status). 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 information 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 and meaningful data necessary to adequately assess, counsel and assist students.

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

A.7. Group Work

School counselors:

a. Offer culturally sustaining small-group counseling services based on individual student, school and community needs; student data; a referral process; and/or other relevant data.

b. Provide equitable access to participation in groups, including alleviating physical, language and other obstacles.

c. Assess student needs to determine if participating in the group is appropriate for the student.

d. Inform parents/guardians of student participation in and the purpose of the small group.

e. Facilitate short-term groups to address students’ academic achievement, postsecondary and career exploration, and social/emotional well-being.

f. Use data to inform group topics, establish well-defined expectations and measure the outcomes of group participation.

g. Reflect on group outcomes and determine adjustments that may improve future group interventions.

h. Communicate the aspiration of confidentiality as a group norm, while recognizing and working from the protective posture that confidentiality for students in small groups cannot be guaranteed.

i. Select topics for groups with the clear understanding that some topics are not suitable for groups in schools (e.g., incest survivorship, eating disorders, dating violence) and accordingly take precautions to protect members from harm as a result of interactions with the group.

j. Facilitate culturally sustaining groups from the framework of evidence-based or research-based practices.

k. Practice within their competence level and develop professional competence through training and supervision.

l. Provide necessary follow-up and/or referrals to additional resources for group members.

A.8. Student Peer-Support Program

School counselors:

a. Share the student peer-support program’s goal and purpose with stakeholders.

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

c. Strive to protect the confidentiality of students receiving peer support services by not sharing or disclosing personal information (e.g., special education services, academic information).

d. Work to select peer helpers who reflect the diversity of the population to be served.

e. Facilitate equitable access, representation and cultural sustainability in peer-support programs.

f. Develop, train and supervise students in school counseling peer-support programs, using culturally relevant frameworks that promote inclusion and belonging.

g. Inform peer-support students about when students need to report information to a responsible adult at school.

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

School counselors:

a. Inform parents/guardians and school administration when a student poses a serious and foreseeable risk of harm to self or others. This notification is to be done after careful deliberation and consultation with appropriate professionals, such as other school counselors, the school nurse, school psychologist, school social worker, school resource officer or child protective services. Even if the danger appears relatively remote, parents/guardians must be notified. The consequence of the risk of not giving parents/guardians a chance to intervene on behalf of their child is too great.

b. Recognize the level of suicide risk (e.g., low, medium, high) is difficult to accurately quantify. If required to use a risk assessment, it must be completed with the realization that it is an information-gathering tool and only one element in the risk-assessment process. When reporting risk-assessment

results to parents/guardians, school counselors do not negate the risk of students’ potential harm to self even if the assessment reveals a low risk, as students may minimize risk to avoid further scrutiny and/or parental/guardian notification. The purpose of reporting any risk-assessment results to parents/guardians is to underscore the need for parents/guardians to act, not to report a judgment of risk.

c. Collaborate with school administration to ensure a student has proper supervision and support. If parents/guardians will not provide proper support, the school counselor takes necessary steps to underscore to parents/guardians the necessity to seek help and, at times, may include a report to child protective services.

d. Provide culturally responsive mental health resources to parents/guardians.

e. Report to administration and/or appropriate authorities (e.g., law enforcement) when a student discloses a perpetrated or a perceived threat to another person’s physical or mental well- being. This threat may include but is not limited to verbal abuse, physical abuse, sexual abuse, da