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ASCA Ethical Standards: Counselors' Responsibilities & Confidentiality, Summaries of Ethics

The ethical standards for school counselors as established by the american school counselor association (asca). It covers the counselor's responsibilities towards students, confidentiality, ethical standards, dual relationships, appropriate referrals, group work, danger to self or others, student records, evaluation, assessment and interpretation, technology, parents/guardians and confidentiality, professional relationships, responsibilities to the school, and responsibility to the community. The document emphasizes the counselor's role in addressing the academic, personal/social, and career development needs of all students, with a focus on equity and access.

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Preamble
The American School Counselor Association (ASCA) is a professional
organization whose members are certified/licensed in school counsel-
ing with unique qualifications and skills to address the academic, per-
sonal/social and career development needs of all students.
Professional school counselors are advocates, leaders, collaborators
and consultants who create opportunities for equity in access and
success in educational opportunities by connecting their programs to
the mission of schools and subscribing to the following tenets of pro-
fessional responsibility:
Each person has the right to be respected, be treated with dignity
and have access to a comprehensive school counseling program
that advocates for and affirms all students from diverse popula-
tions regardless of ethnic/racial status, age, economic status, special
needs, English as a second language or other language group,
immigration status, sexual orientation, gender, gender
identity/expression, family type, religious/spiritual identity and
appearance.
Each person has the right to receive the information and support
needed to move toward self-direction and self-development and
affirmation within one’s group identities, with special care being
given to students who have historically not received adequate edu-
cational services: students of color, low socio-economic students,
students with disabilities and students with
nondominant language backgrounds.
Each person has the right to understand the full magnitude and
meaning of his/her educational choices and how those choices will
affect future opportunities.
Each person has the right to privacy and thereby the right to
expect the counselor-student relationship to comply with all laws,
policies and ethical standards pertaining to confidentiality in the
school setting.
In this document, ASCA specifies the principles of ethical behavior
necessary to maintain the high standards of integrity, leadership and
professionalism among its members. The Ethical Standards for
School Counselors were developed to clarify the nature of ethical
responsibilities held in common by school counseling professionals.
The purposes of this document are to:
Serve as a guide for the ethical practices of all professional school
counselors regardless of level, area, population served or member-
ship in this professional association;
Provide self-appraisal and peer evaluations regarding counselor
responsibilities to students, parents/guardians, colleagues and pro-
fessional associates, schools, communities and the counseling pro-
fession; and
Inform those served by the school counselor of acceptable coun-
selor practices and expected professional behavior.
Revised June 26, 2004
Ethical Standards for School Counselors was adopted by the ASCA Delegate Assembly, March 19,1984,
revised March 27, 1992, June 25, 1998, and June 26, 2004.
A.1. Responsibilities to Students
The professional school counselor:
a. Has a primary obligation to the student, who is to be treated with
respect as a unique individual.
b. Is concerned with the educational, academic, career, personal and
social needs and encourages the maximum development of every stu-
dent.
c. Respects the student’s values and beliefs and does not impose the
counselor’s personal values.
d. Is knowledgeable of laws, regulations and policies relating to stu-
dents and strives to protect and inform students regarding their
rights.
A.2. Confidentiality
The professional school counselor:
a. Informs students of the purposes, goals, techniques and rules of
procedure under which they may receive counseling at or before the
time when the counseling relationship is entered. Disclosure notice
includes the limits of confidentiality such as the possible necessity for
consulting with other professionals, privileged communication, and
legal or authoritative restraints. The meaning and limits of confiden-
tiality are defined in developmentally appropriate terms to students.
b. Keeps information confidential unless disclosure is required to pre-
vent clear and imminent danger to the student or others or when
legal requirements demand that confidential information be revealed.
Counselors will consult with appropriate professionals when in doubt
as to the validity of an exception.
c. In absence of state legislation expressly forbidding disclosure, con-
siders the ethical responsibility to provide information to an identi-
fied third party who, by his/her relationship with the student, is at a
high risk of contracting a disease that is commonly known to be
communicable and fatal. Disclosure requires satisfaction of all of the
following conditions:
Student identifies partner or the partner is highly identifiable
Counselor recommends the student notify partner and refrain
from further high-risk behavior
Student refuses
Counselor informs the student of the intent to notify the partner
Counselor seeks legal consultation as to the legalities of inform-
ing the partner
d. Requests of the court that disclosure not be required when the
release of confidential information may potentially harm a student or
the counseling relationship.
e. Protects the confidentiality of students’ records and releases per-
sonal data in accordance with prescribed laws and school policies.
Student information stored and transmitted electronically is treated
with the same care as traditional student records.
Ethical Standards
for School Counselors
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Preamble

The American School Counselor Association (ASCA) is a professional organization whose members are certified/licensed in school counsel- ing with unique qualifications and skills to address the academic, per- sonal/social and career development needs of all students. Professional school counselors are advocates, leaders, collaborators and consultants who create opportunities for equity in access and success in educational opportunities by connecting their programs to the mission of schools and subscribing to the following tenets of pro- fessional responsibility:

- Each person has the right to be respected, be treated with dignity and have access to a comprehensive school counseling program that advocates for and affirms all students from diverse popula- tions regardless of ethnic/racial status, age, economic status, special needs, English as a second language or other language group, immigration status, sexual orientation, gender, gender identity/expression, family type, religious/spiritual identity and appearance. - Each person has the right to receive the information and support needed to move toward self-direction and self-development and affirmation within one’s group identities, with special care being given to students who have historically not received adequate edu- cational services: students of color, low socio-economic students, students with disabilities and students with nondominant language backgrounds. - Each person has the right to understand the full magnitude and meaning of his/her educational choices and how those choices will affect future opportunities. - Each person has the right to privacy and thereby the right to expect the counselor-student relationship to comply with all laws, policies and ethical standards pertaining to confidentiality in the school setting.

In this document, ASCA specifies the principles of ethical behavior necessary to maintain the high standards of integrity, leadership and professionalism among its members. The Ethical Standards for School Counselors were developed to clarify the nature of ethical responsibilities held in common by school counseling professionals. The purposes of this document are to:

- Serve as a guide for the ethical practices of all professional school counselors regardless of level, area, population served or member- ship in this professional association; - Provide self-appraisal and peer evaluations regarding counselor responsibilities to students, parents/guardians, colleagues and pro- fessional associates, schools, communities and the counseling pro- fession; and - Inform those served by the school counselor of acceptable coun- selor practices and expected professional behavior.

Revised June 26, 2004

Ethical Standards for School Counselors was adopted by the ASCA Delegate Assembly, March 19,1984, revised March 27, 1992, June 25, 1998, and June 26, 2004.

A.1. Responsibilities to Students

The professional school counselor: a. Has a primary obligation to the student, who is to be treated with respect as a unique individual.

b. Is concerned with the educational, academic, career, personal and social needs and encourages the maximum development of every stu- dent.

c. Respects the student’s values and beliefs and does not impose the counselor’s personal values.

d. Is knowledgeable of laws, regulations and policies relating to stu- dents and strives to protect and inform students regarding their rights.

A.2. Confidentiality

The professional school counselor: a. Informs students of the purposes, goals, techniques and rules of procedure under which they may receive counseling at or before the time when the counseling relationship is entered. Disclosure notice includes the limits of confidentiality such as the possible necessity for consulting with other professionals, privileged communication, and legal or authoritative restraints. The meaning and limits of confiden- tiality are defined in developmentally appropriate terms to students.

b. Keeps information confidential unless disclosure is required to pre- vent clear and imminent danger to the student or others or when legal requirements demand that confidential information be revealed. Counselors will consult with appropriate professionals when in doubt as to the validity of an exception.

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

  • Student identifies partner or the partner is highly identifiable
  • Counselor recommends the student notify partner and refrain from further high-risk behavior
  • Student refuses
  • Counselor informs the student of the intent to notify the partner
  • Counselor seeks legal consultation as to the legalities of inform- ing the partner

d. Requests of the court that disclosure not be required when the release of confidential information may potentially harm a student or the counseling relationship.

e. Protects the confidentiality of students’ records and releases per- sonal data in accordance with prescribed laws and school policies. Student information stored and transmitted electronically is treated with the same care as traditional student records.

Ethical Standards

for School Counselors

f. Protects the confidentiality of information received in the counsel- ing relationship as specified by federal and state laws, written policies and applicable ethical standards. Such information is only to be revealed to others with the informed consent of the student, consis- tent with the counselor’s ethical obligation.

g. Recognizes his/her primary obligation for confidentiality is to the student but balances that obligation with an understanding of the legal and inherent rights of parents/guardians to be the guiding voice in their children’s lives.

A.3. Counseling Plans

The professional school counselor: a. Provides students with a comprehensive school counseling program that includes a strong emphasis on working jointly with all students to develop academic and career goals.

b. Advocates for counseling plans supporting students right to choose from the wide array of options when they leave secondary education. Such plans will be regularly reviewed to update students regarding critical information they need to make informed decisions.

A.4. Dual Relationships

The professional school counselor: a. Avoids dual relationships that might impair his/her objectivity and increase the risk of harm to the student ( e.g. , counseling one’s family members, close friends or associates). If a dual relationship is unavoidable, the counselor is responsible for taking action to elimi- nate or reduce the potential for harm. Such safeguards might include informed consent, consultation, supervision and documentation.

b. Avoids dual relationships with school personnel that might infringe on the integrity of the counselor/student relationship

A.5. Appropriate Referrals

The professional school counselor: a. Makes referrals when necessary or appropriate to outside resources. Appropriate referrals may necessitate informing both par- ents/guardians and students of applicable resources and making prop- er plans for transitions with minimal interruption of services. Students retain the right to discontinue the counseling relationship at any time.

A.6. Group Work

The professional school counselor: a. Screens prospective group members and maintains an awareness of participants’ needs and goals in relation to the goals of the group. The counselor takes reasonable precautions to protect members from physical and psychological harm resulting from interaction within the group.

b. Notifies parents/guardians and staff of group participation if the counselor deems it appropriate and if consistent with school board policy or practice.

c. Establishes clear expectations in the group setting and clearly states that confidentiality in group counseling cannot be guaranteed. Given the developmental and chronological ages of minors in schools, the counselor recognizes the tenuous nature of confidentiality for minors renders some topics inappropriate for group work in a school setting.

d. Follows up with group members and documents proceedings as appropriate.

A.7. Danger to Self or Others

The professional school counselor: a. Informs parents/guardians or appropriate authorities when the stu- dent’s condition indicates a clear and imminent danger to the student or others. This is to be done after careful deliberation and, where possible, after consultation with other counseling professionals.

b. Will attempt to minimize threat to a student and may choose to 1) inform the student of actions to be taken, 2) involve the student in a three-way communication with parents/guardians when breaching confidentiality or 3) allow the student to have input as to how and to whom the breach will be made.

A.8. Student Records

The professional school counselor: a. Maintains and secures records necessary for rendering professional services to the student as required by laws, regulations, institutional procedures and confidentiality guidelines.

b. Keeps sole-possession records separate from students’ educational records in keeping with state laws.

c. Recognizes the limits of sole-possession records and understands these records are a memory aid for the creator and in absence of priv- ilege communication may be subpoenaed and may become education- al records when they 1) are shared with others in verbal or written form, 2) include information other than professional opinion or per- sonal observations and/or 3) are made accessible to others.

d. Establishes a reasonable timeline for purging sole-possession records or case notes. Suggested guidelines include shredding sole possession records when the student transitions to the next level, transfers to another school or graduates. Careful discretion and delib- eration should be applied before destroying sole-possession records that may be needed by a court of law such as notes on child abuse, suicide, sexual harassment or violence.

A.9. Evaluation, Assessment and Interpretation

The professional school counselor: a. Adheres to all professional standards regarding selecting, adminis- tering and interpreting assessment measures and only utilizes assess- ment measures that are within the scope of practice for school coun- selors.

b. Seeks specialized training regarding the use of electronically based testing programs in administering, scoring and interpreting that may differ from that required in more traditional assessments.

c. Considers confidentiality issues when utilizing evaluative or assess- ment instruments and electronically based programs.

d. Provides interpretation of the nature, purposes, results and poten- tial impact of assessment/evaluation measures in language the stu- dent(s) can understand.

e. Monitors the use of assessment results and interpretations, and takes reasonable steps to prevent others from misusing the informa- tion. f. Uses caution when utilizing assessment techniques, making evalua- tions and interpreting the performance of populations not represented in the norm group on which an instrument is standardized.

g. Assesses the effectiveness of his/her program in having an impact on students’ academic, career and personal/social development through accountability measures especially examining efforts to close achievement, opportunity and attainment gaps.

The counselor is guided by the findings of the evaluation data in planning programs and services.

D.2. Responsibility to the Community

The professional school counselor: a. Collaborates with agencies, organizations and individuals in the community in the best interest of students and without regard to per- sonal reward or remuneration.

b. Extends his/her influence and opportunity to deliver a comprehen- sive school counseling program to all students by collaborating with community resources for student success.

E. RESPONSIBILITIES TO SELF

E.1. Professional Competence

The professional school counselor: a. Functions within the boundaries of individual professional compe- tence and accepts responsibility for the consequences of his/her actions.

b. Monitors personal well-being and effectiveness and does not par- ticipate in any activity that may lead to inadequate professional serv- ices or harm to a student. c. Strives through personal initiative to maintain professional compe- tence including technological literacy and to keep abreast of profes- sional information. Professional and personal growth are ongoing throughout the counselor’s career.

E.2. Diversity

The professional school counselor: a. Affirms the diversity of students, staff and families.

b. Expands and develops awareness of his/her own attitudes and beliefs affecting cultural values and biases and strives to attain cultur- al competence.

c. Possesses knowledge and understanding about how oppression, racism, discrimination and stereotyping affects her/him personally and professionally.

d. Acquires educational, consultation and training experiences to improve awareness, knowledge, skills and effectiveness in working with diverse populations: ethnic/racial status, age, economic status, special needs, ESL or ELL, immigration status, sexual orientation, gender, gender identity/expression, family type, religious/spiritual identity and appearance.

F. RESPONSIBILITIES TO THE PROFESSION

F.1. Professionalism

The professional school counselor: a. Accepts the policies and procedures for handling ethical violations as a result of maintaining membership in the American School Counselor Association.

b. Conducts herself/himself in such a manner as to advance individual ethical practice and the profession.

c. Conducts appropriate research and report findings in a manner consistent with acceptable educational and psychological research practices. The counselor advocates for the protection of the individ- ual student’s identity when using data for research or program plan- ning.

d. Adheres to ethical standards of the profession, other official policy statements, such as ASCA’s position statements, role statement and the ASCA National Model, and relevant statutes established by feder- al, state and local governments, and when these are in conflict works responsibly for change.

e. Clearly distinguishes between statements and actions made as a private individual and those made as a representative of the school counseling profession.

f. Does not use his/her professional position to recruit or gain clients, consultees for his/her private practice or to seek and receive unjusti- fied personal gains, unfair advantage, inappropriate relationships or unearned goods or services.

F.2. Contribution to the Profession

The professional school counselor: a. Actively participates in local, state and national associations foster- ing the development and improvement of school counseling.

b. Contributes to the development of the profession through the shar- ing of skills, ideas and expertise with colleagues.

c. Provides support and mentoring to novice professionals.

G. MAINTENANCE OF STANDARDS

Ethical behavior among professional school counselors, association members and nonmembers, is expected at all times. When there exists serious doubt as to the ethical behavior of colleagues or if counselors are forced to work in situations or abide by policies that do not reflect the standards as outlined in these Ethical Standards for School Counselors, the counselor is obligated to take appropriate action to rectify the condition. The following procedure may serve as a guide:

1. The counselor should consult confidentially with a professional colleague to discuss the nature of a complaint to see if the profession- al colleague views the situation as an ethical violation. 2. When feasible, the counselor should directly approach the col- league whose behavior is in question to discuss the complaint and seek resolution. 3. If resolution is not forthcoming at the personal level, the counselor shall utilize the channels established within the school, school district, the state school counseling association and ASCA’s Ethics Committee. 4. If the matter still remains unresolved, referral for review and appropriate action should be made to the Ethics Committees in the following sequence: - state school counselor association - American School Counselor Association 5. The ASCA Ethics Committee is responsible for: - educating and consulting with the membership regarding ethical standards - periodically reviewing and recommending changes in code - receiving and processing questions to clarify the application of such standards; Questions must be submitted in writing to the ASCA Ethics chair. - handling complaints of alleged violations of the ethical stan- dards. At the national level, complaints should be submitted in writing to the ASCA Ethics Committee, c/o the Executive Director, American School Counselor Association, 1101 King St., Suite 625, Alexandria, VA 22314.