LEGAL & ETHICAL RESPONSIBILITIES

1. LEGAL & ETHICAL RESPONSIBILITIES © 1996-2003 American Student Achievement Institute http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.

2. American Student Achievement Institute CONFIDENTIALITY ISSUES

3. Confidentiality / Privileged Communication American Student Achievement Institute • CONFIDENTIALITY • Ethical Concept • What is said between two people will remain secret and will not be shared without consent • PRIVILEGED COMMUNICATION • Legal Concept • Protects from Forced Disclosure • YES: School Counselors & School Social Workers • NO: School Nurses, School Psychologists, Advisors, Mentors • EXCEPTIONS TO CONFIDENTIALITY & • PRIVILEGED COMMUNICATION • Child Abuse & Neglect • Student has committed an illegal act • Student intends to commit a crime • Parent (or eligible student) waives right • Potential harm to self or others

4. American Student Achievement Institute EQUITY ISSUES

5. Title IX – Gender Equity American Student Achievement Institute • Prohibits discrimination on the basis of gender by any institution receiving federal funds • Prohibits discrimination on the basis of gender in guidance or counseling • All careers open to both genders • All courses offered to both genders • Test interpretations differ for genders (red flag) • Hiring practices – cannot be gender related

6. American Student Achievement Institute CHINS ISSUES

7. Child in Need of Services American Student Achievement Institute • IC 31-34-1-6 • A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD BECOMES EIGHTEEN (18) YEARS OF AGE: • The child substantially endangers the child’s own health or the health of another individual; and • The child needs care, treatment, or rehabilitation that the child • (A) is not receiving, and • (B) is unlikely to be provided or accepted with the coercive intervention of the court.

8. Signs of Child in Need of Services American Student Achievement Institute • CHILD ABUSE • Excessive bruises • Pattern of bruises • Burns • Burn patterns • Lacerations, welts, abrasions • Injuries inconsistent with explanation • Sexual abuse • Emotional disturbance • NEGLECT • Malnourished • Ill-clad, dirty • Improper shelter • Inappropriate health care • Excessive absences • Overworked • Lacking emotional nurturance • Abandonment

9. Duty to Report Child Abuse American Student Achievement Institute IC 33-31-5-1 “An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.” 1) Immediately notify the school principal who will cause a report to be made to: a) Local child protection service b) Local law enforcement agency IC 31-33-6 . . . a person, other than the person accused of child abuse or neglect . . . is immune from any civil or criminal liability that might otherwise be imposed because of such actions. FAILURE TO REPORT - MISDEMEANER

10. How to Report American Student Achievement Institute • Report suspected cases to principal immediately (or his or her designee if the principal is out of the building) • Determine who will report the abuse to Child Protective Services • If not you, follow up to make sure the report was made • If Child Protective Services wishes to talk to the student at school • a. Verify that the person is really from Child Protective Services • b. Find a private place for the meeting • b. Explain the situation to the student before they see the caseworker • c. Assure him/her that the caseworker has the student’s best interests in mind • d. Offer to be present during the interview • e. If present, just listen • f. Check in with the student after the caseworker is gone and the next day

11. American Student Achievement Institute MALPRACTICE ISSUES

12. MALPRACTICE American Student Achievement Institute MALPRACTICE: Practices that are outside of a professional’s training or ability that result in damage to the recipient of those services NEGLIGENCE: A a breach of legal duty to perform acts that are part of the professional’s obligation ACTING IN GOOD FAITH: Using the ethical standards of one’s profession as a criterion for marking a legal determination.

13. The Difference Between Counseling, Guidance, Active Listening American Student Achievement Institute COUNSELING: Using knowledge of counseling theory and counseling techniques to bring about a change in student behaviors or attitudes (should be practiced only by credentialed professionals) GUIDANCE: Sharing knowledge related to career, academic, or personal-social development ACTIVE LISTENING: Listening in an friendly and attentive manner

14. LIBEL / SLANDER / DEFAMATION American Student Achievement Institute LIBEL: False statements that are published and bring about hatred, disgrace, ridicule, or contempt SLANDER: Verbal statements that bring about hatred, disgrace, ridicule, or contempt DEFAMATION: In civil suits, an injured reputation resulting from libel or slander Advisor Risks: Letters of recommendation Comments in student records

15. American Student Achievement Institute STUDENT SURVEY ISSUES

16. Analysis / Evaluation / Survey American Student Achievement Institute IC 20-10.1-4-15 Schools may not require students to involuntarily participate in a personal analysis, an evaluation or survey that is not related to academic instruction without parent permission.

17. LEGAL & ETHICAL RESPONSIBILITIES © 1996-2003 American Student Achievement Institute http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.