New guide addresses ethical, legal issues of school counseling

Contact: Maridith Geuder

From campus violence to substance abuse to suicidal students, school counselors today face issues that are challenging, significant and potentially deadly.

According to a Mississippi State faculty member and licensed attorney, counselors also may face serious legal consequences.

"There are many 'gray' areas in legal issues surrounding school counseling," said Mary A. Hermann, assistant professor in the university's department of counseling, educational psychology and special education. "Counselors are anxious. Teachers are anxious."

Hermann is one of three editors of "Ethical and Legal Issues in School Counseling," a new reference book that provides guidelines to help professionals meet the challenges.

The softbound edition is published by the American School Counselor Association, a worldwide nonprofit organization based in Alexandria, Va. Founded in 1952, the organization includes nearly 14,000 professional school counselors.

Covering 13 chapters, the nearly 600-page text provides a practical guide to minimizing the counselor's liability. School counseling experts contributed essays on topics that include students at risk for suicide and violence, confidentiality and privileged communication, substance abuse, rights of parents, and sexual harassment, among other issues.

Hermann, who holds a law degree from Loyola University of New Orleans, co-edited the text with Theodore P. Remley Jr. and Wayne C. Huey. Remley is professor and chair of the University of New Orleans' department of educational leadership, counseling and foundations. Huey, now retired, is the former director of counseling at Lakeside High School in Decatur, Ga.

Hermann said legal ambiguities about responsibility often come into play when issues such as school violence and suicide are involved. "Schools can be held accountable and we're now seeing school counselors pulled into lawsuits," she observed.

A licensed professional counselor who also spent 15 years as a teacher and school counselor in several high schools, Hermann said one of the biggest shifts in the profession is that "today we're training our school counselors to be mental health professionals."

She cited figures showing that:

--About 18 percent of 12-17 year olds today meet the criteria for post-traumatic stress disorder, depression or substance abuse;

--Many of these youths suffer from more than one of the diagnoses and;

--One of two women "will be battered."

In addition to addressing a variety of situations that can cause counselor stress, Hermann and her co-editors provided important information that can be used to help minimize the impact on professional careers.

"We advise knowing the ethical standards of the American School Counselor Association and the American Counseling Association," Remley said. "If there's an ethical dilemma, it's also important to consult with other counselors, and for legal issues, with appropriate school administrators.

"Every school counselor also should maintain liability insurance," Remley said.

While current school environments may pose new challenges for counselors, Hermann said campus tragedies such as occurred at Columbine (Colo.) or Pearl (Miss.) high schools also illustrate how critical counselors can be.

"If we can train more counselors in crisis management and get more counselors into our schools, we can be more proactive in preventing potentially deadly situations," Hermann said.

NEWS EDITORS/DIRECTORS: For more information about the new textbook or counseling liability issues, telephone Dr. Hermann at (662) 325-7919.