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1 Signature Assignment Shae Davis Fresno Pacific University PPC 732 Dr. Daniel Ching November 26, 2023 Navigating The Shadows of Adolescence: A School Counselor’s Duty to Report Suicidal Ideations

2 A school counselor carries many different job duties and their day never looks the same. While one day might be chock full of meetings and paperwork another day might contain back- to-back interventions, counseling sessions, and CPS reports. In the world of education counselors can be looked at as quiet sentinels of a student's emotional wellbeing and whose primary purpose is to guide students through their daily routine of classes, peer interactions, reports, college preparation, to name a few. One of the most important responsibilities a counselor carries is their duty to intervene in situations where a student is deemed to be at risk of harming themselves or others. This paper will take an in depth look into the evolving role of school counselors and their moral and ethical responsibility towards students who suffer from suicidal ideations or self-harm and the impact a school counselors decisions can have on the student population. The History Behind Suicidal Ideation Suicide has been named by the CDC as being ‘the second leading cause of death among America’s student aged’ population. In the year 2019 just as the world was facing the effects of the COVID pandemic suicide 18.8 percent of students reported suicidal ideations with the female population recording the highest number of suicidal ideations along with a vast majority of minority students and students who identify as LGBTQ. During the year 2018 alone a total of 48,344 persons committed suicide making it the ‘10th leading cause of death in the United States’. (CDC, 2020) Data shows that mental health amongst our student population is steadily declining at a rate that has never been seen before with 4 in 10 students stating that they ‘feel a sense of hopelessness and dread’ and that they feel as though there is no hope or future. Children's Hospital Association, American Academy of Pediatrics, and American Academy of Child and Adolescent Psychiatry jointly declared a national emergency in child and adolescent

3 health in October 2022 stating that inequities due to structural racism, lack of care and resources for LGBTQ youth and children from lower income households have caused a mental health crisis like never seen before. (AAP, 2022) School counselors are ethically and legally obligated to respond when students come forth with suicidal ideations or when they have been identified as being at risk for mental health issues. This can be a slippery slope for some counselors who may feel confused as to whether or not they can exercise judgment in their legal obligations to students. The Family Educational Rights and Privacy Act (FERPA) states that under the general consent rule parents have access to their students educational records while improper disclosure of identifiable information is prohibited. Furthermore, FERPA allows for disclosures in instances such as self-harm or emergencies. For school counselors this means that while whatever a student may disclose to them is indeed confidential in manner, the duty to protect the student and to ensure safety outweighs the confidentiality that is guaranteed to students. (FERPA, 2020) Ethical and Legal Issues The legal and ethical implications surrounding a counselors duty and the right to student privacy is multifaceted and complex. On one hand, the duty to protect the well-being of students is of utmost importance, and school counselors are often legally mandated to report any indication of a student's suicidal thoughts or intentions to the appropriate authorities or parents. However, this legal obligation must be carefully balanced with the ethical responsibility to

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4 maintain the trust and confidentiality of the counseling relationship. In many circumstances counselors have been faced with students who ‘cry wolf’, or who appear to make suicidal ideations or statements almost weekly but appear otherwise balanced. The question arises: does a school counselor notify the proper authorities every single time or do they exercise their professional judgment in these cases and only notify if they deem it serious enough? School counselors often rely on best practice use of assessments to gauge the seriousness of a threat and to determine the need for intervention while others may adopt the mindset of it is better to be safe than sorry and they alert the proper authorities every time. Some counselors have experienced backlash from administration and parents in this area, with many officials disagreeing on the need to notify parents and guardians every single time a student expresses a suicidal ideation. There arises the question: are there legal implications if a school counselor does not notify parents or guardians if a student expresses ideations or can a school counselor use professional judgment on a case-by-case basis? In the case Rogers v. Christina School District, a student had expressed to his school counselor that he had suicidal thoughts and mental issues. The counselor worked with the student and felt that the student was sufficiently stable after their session and did not notify the student's grandparents. That student then went home after school and hung himself. The counselor was sued by the grandparents and while it was initially maintained that the counselor and school district did not have a duty to care for the student outside of school premises, the Supreme Court ruled that the counselor and school district were negligent in their duty to act. (Rogers v. Christina School District, 2013) In the Eisel v. Montgomery County Board of Education court case a 13-year-old student made suicidal statements to a classmate which were then told to the counselor. This particular student was involved in Satanism and had allegedly made plans with another classmate to end

5 their lives together in a suicide pact. The school counselor questioned the student who denied ever saying such things and the counselor did not notify anyone of this event. The student then went on to tragically take their life, along with their classmate and fulfilled the suicide pact. It was determined that the counselor did not fulfill their duty to act and was negligent in their care of the student. The court cited the in loco parentis legal doctrine which upholds that every educator is acting in place of a parent for all students. This case law confirms that the legal obligations of a school counselor are vast but had the counselor notified the proper authorities this tragic situation may have been avoided. (Eisel v. Board of Education, 1991) During this particular case the defendant argued that they had done their due diligence by talking to the student and the student had said the suicidal statements weren’t true whereby the defendant felt that the student was safe to proceed and didn’t see the need to inform the student’s parents. The court then ruled that the school counselors were partially responsible and had a duty to inform the students’ parents of their suicide pact, whether or not it was an alleged one or not. Court Cases and their Impact on School Counselors Eisel v. Board of Education was the first court case of its kind dealing with suicide that was brought against school counselors. Following this court case many school districts enacted policies that require parents or guardians to be notified immediately following a student’s suicidal ideation or threat. Developed in collaboration with the American School Counselor Association, the National Association of School Psychologists, and The Trevor Project is the the Model School District Policy on Suicide Prevention. This plan is research based and can be adapted to fit either

6 middle or high schools. This plan comes with a step-by-step action plan for educators to use should they come across a situation involving a student who has suicidal ideations as well as steps for parents and guardians to take. Part of this plan being enacted at a local school means that if a student comes forth, or in the tragic case of Eisel v. Board of education, has another student inform the school counselor that they are feeling suicidal, that student is seen that same day and a risk evaluation is done as well as a referral should the occasion call for that. The students' guardians or parents are immediately notified and in some cases if neglect is an issue, CPS is also notified. This plan should be formatted to fit the needs of the school and a crisis plan involving law enforcement should be a part of the plan for situations involving a student who is heavily disturbed or who is in the process of injuring themselves or others. Aftermath of Enacting District Wide Policies School districts are seeing firsthand the emotional toll that students are dealing with on a day-to-day basis. This mental health crisis has affected the youth so severely that many would rather end their lives than deal with the daily battles they face. This is precisely the reason school districts are taking this seriously and implementing policies that are literally saving lives across America. In New Jersey the Jason Flatt Act was created by a legislator who believed educators should have mandatory training on student suicide and how to properly respond. This act was passed and requires all educators in New Jersey to be licensed to teach and you must complete training in suicide awareness and prevention each year. There are 17 states that require this training: Alabama Alaska Delaware Georgia Hawaii

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7 Idaho Iowa Kansas Louisiana Maryland Mississippi Nebraska New Hampshire North Carolina Rhode Island Tennessee Texas and 22 that require these teachings but not annually: Arizona Arkansas Connecticut Washington, D.C. Illinois Indiana Kentucky Maine Minnesota Nevada New Jersey North Dakota Ohio Oklahoma Pennsylvania South Carolina South Dakota

8 Utah Virginia Washington West Virginia Wyoming Ten states have laws in place that encourage these trainings, but do not mandate them are: California Colorado Florida Massachusetts Michigan Missouri Montana New York Oregon Wisconsin California specifically has passed bills that require schools to have suicide prevention plans in place. One such bill that was later enacted was AB-2246 which became the California Education Code 215 Pupil and Student Suicide Prevention Policies. This law requires schools to

9 have a policy regarding student suicide prevention in grades 7-12 as well as age-appropriate teachings for the lower grades. (NASEB, 2020) Personal Opinion on Statewide Policy Changes The pressing need for policy reform in addressing student suicide ideations and the obligations of school counselors to their students cannot be overstated. Policy reforms should emphasize early intervention, destigmatizing mental health discussions, and facilitating open communication between students, parents, and educators. By redefining the role of school counselors, providing them with the necessary tools, and fostering a compassionate and proactive environment within educational institutions, we can play a vital role in preventing tragedies and supporting the well-being of our youth. These necessary changes are working, at least in my district where we take these matters very seriously. I have seen a whole team spring into action for students who express their desire to end their lives and I have seen first-hand how notifications are made and how we continue to support our students long after they express any type of suicidal ideation. The goal is not just to avoid lawsuits however, the goal is to create change and to attempt to repair damage sustained to students whether it be from the COVID pandemic where students were isolated or from their daily struggles. Living in a rural mountain community has its advantages and disadvantages and with these disadvantages comes a new found desire to protect and serve my students who experience these disadvantages daily, such as food insecurity, lack of stable housing, physical and mental abuse, and even drug addictions from an early age. After conducting in-depth research on suicidal ideation, I am equipped with a comprehensive understanding of the factors influencing this complex issue and the various intervention strategies available. As a school counselor, I am ready to translate this knowledge

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10 into practical and impactful measures to support the well-being of students. Firstly, I recognize the importance of creating a safe and open environment within the school community. Establishing trust and rapport with students is foundational. By fostering an atmosphere where students feel heard and understood, I can encourage them to share their struggles and concerns, including thoughts of suicide. In terms of prevention, my research has highlighted the significance of proactive measures that school counselors can use and highlighted the importance of following our ethics code no matter the situation. Implementing school-wide awareness programs and mental health initiatives can contribute to reducing the stigma around seeking help. These initiatives may include workshops, assemblies, and educational sessions that focus on mental health literacy, stress management, and coping skills. In conclusion, my research on suicidal ideation and case law regarding this issue has not only deepened my understanding of the issue but has also equipped me with practical strategies to make a meaningful impact as a school counselor. By combining empathy, prevention initiatives, targeted interventions, crisis management skills, a strong moral compass and understanding of ethics and ongoing professional development, I believe I can contribute to the well-being and safety of the students under my care.

11 References AAP. (2022). Aap-AACAP-Cha Declaration of a national emergency in child and Adolescent Mental Health. Home. https://www.aap.org/en/advocacy/child-and-adolescent- healthy-mental-development/aap-aacap-cha-declaration-of-a-national-emergency-in-child-and- adolescent-mental-health/ CDC. (2020, August 20). Suicidal ideation and behaviors among high school students - youth risk behavior survey, United States, 2019. Centers for Disease Control and Prevention. https://www.cdc.gov/mmwr/volumes/69/su/su6901a6.htm Eisel V. Board of Education, & Chief Judge. (1991, October 29). Eisel v. Board of Education. Legal research tools from Casetext. https://casetext.com/case/eisel-v-board-of- education FERPA. (2020). The Family Educational Rights and Privacy Act. The Family Educational Rights and Privacy Act Guidance for Parents .

12 https://studentprivacy.ed.gov/sites/default/files/resource_document/file/ FERPAGuidanceForParents.pdf NASEB. (2020). Suicide prevention policy - California: State policy database. Suicide Prevention Policy - California | State Policy Database. https://statepolicies.nasbe.org/health/categories/counseling-psychological-and-social-services/ suicide-prevention-policy/california Navigate360. (2023, September 21). Suicide prevention training in schools: Which states require it? https://navigate360.com/blog-news/which-states-require-suicide-prevention-training- in-schools/ Rogers v. Christina School District. (2013). Rogers v. Christina School District (2013). Findlaw. https://caselaw.findlaw.com/court/de-supreme-court/1639232.html

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