Dissecting Ethical and Legal Issues

Occasionally ethical and legal issues collide. Take a moment to think about “confidentiality” and “responsibility.” School counselors are responsible for
protecting student and parental rights and must respect applicable state laws.
Confidentiality is one of the most complex ethical and legal challenges that most professional school counselors face on a regular basis. This matter
becomes ambiguous when a student is a minor. Minor students are not legally able to make their own decisions, although the ethical right to
confidentiality is in place. As required by law, school counselors must disclose confidential information when a student is a danger to him- or herself or
others, the student or parent requests the information be released, or a court orders a counselor to reveal information. These are the exceptions to the
Family Educational Rights and Privacy Act (FERPA) (U.S. Department of Education, n.d.).
As a school counselor, it is your responsibility to understand the ethical and legal issues in your profession. The ASCA Ethical Standards for School
Counselors mandates that you “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 protect these students and make decisions on their behalf (ASCA, 2010, A.2.d.).

Focus on legal issues that may affect school counselors. You review the article by Stone and Zirkel in this week’s resources.
Focus on the case of Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008). Research state laws and statutes applicable to this case.

0 Analyze the ethical and legal issues of the case.
0 Briefly describe your state laws and statutes applicable to the case.
o Describe your personal view relating to the case.
o Describe why a school counselor should follow the ASCA Ethical Standards for School Counselors and be knowledgeable about pertinent state laws
and requirements.

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