President’s Letter: Prepare for the Gray Areas

Discussions with school counselors related to legal or ethical issues tend to raise high interest, questions, apprehension and anxiety. Although some legal and ethical issues are clearly black and white, many are situational, resulting in challenging decision-making processes. It is perhaps this gray area and the dangerous slippery slope that often accompanies the gray that results in apprehension and anxiety.
 
The American School Counselor Association (ASCA) Ethical Standards for School Counselors serve as a support tool for school counselors. The standards provide a guiding structure that, when implemented with a decision-making model, presents a knowledge base and reinforcement for the challenging decisions made by school counselors on a daily basis. The Ethical Standards are also intended to inform students, parents, educators, stakeholders and community members of the values, roles and best practices of professional school counselors.
 
In “School Counseling Principles: Ethics and Law,” Carolyn Stone, Ed.D., describes ethical standards and behavior to include the values within a profession and also obligate members of the profession to abide by the ethical standards. In addition to adhering to the ASCA Ethical Standards, educators (including school counselors) licensed in Kansas are also guided by the Kansas Educator Code of Conduct.
 
The Kansas Educator Code of Conduct parallels the goals of the ASCA Ethical Standards with a preamble expressing the responsibilities of the professional educator to work in the best interest of students and honor their responsibilities to students, school, district, community, state and profession. Responsibilities to each of these groups are defined with specific examples of ethical and unethical conduct. Shared below are multiple examples of equivalent language between the Kansas Code of Conduct and the ASCA Ethical Standards. School counselors are the exemplars to demonstrate ethical practice and effective teaming to meet mutual goals with other education professionals.

• Maintain appropriate licensure for professional practice and employment
• Provide accurate information to state department
• Nurture the intellectual, physical, emotional, social, and civic potential of all students
• Fulfill all mandatory reporting requirements for child abuse
• Advocate for fair and equitable opportunities for all children

Not adhering to the Kansas Code of Conduct can result in the revocation of an educator’s license. In October 2018, four legal and ethical cases were presented to the Kansas Board of Education for total revocation of the education license. The cases presented included a principal who was convicted in a court of law for failing to report sexual abuse and who is currently serving a 12-month term of probation. Other cases involving teachers included a case of sexual battery with a student, for which the teacher is now required to register as a sex offender; a case of inappropriate supervision and communication via text messaging; and a case involving a teacher convicted of theft.
 
Although not one licensed school counselor was named in the October report, counselors must stay cognizant of the gray slippery slope and be diligent to the ASCA Ethical Standards and the Kansas Code of Conduct. However, rather than experiencing anxiety regarding revocation of a license, more effective licensed school counselors employ ethical, evidence-based practices in a program created and implemented on data and standards. School counselors should be leaders in schools, contributing to students’ academic, career and social/emotional development and promoting a safe and optimal learning environment.
 
Contact Dr. Judy Hughey, KSCA president, at jhughey@ksu.edu.