Deck 6: Legal and Ethical Issues for School Counselors

Question 1

School counselors are to give _________________ at the beginning of the counseling session.

Answer 1

informed consent

Question 2

Which of the following is NOT one of Kitchener's basic moral principles?

A)autonomy
B)beneficence
C)malfeasance
D)justice
E)loyalty

Answer 2

C

Question 3

The meaning and limits of confidentiality are defined in a ______________.

Answer 3

developmentally appropriate manner

Question 4

When the student is a danger to self or others, when the student or parent requests that information be revealed, or when there is a court order and the student does not have privileged communication are three examples of times when the school counselor ________________________.

A)must keep information confidential
B)must breach confidentiality
C)may only tell administration
D)may choose whether or not to breach confidentiality
E)may only tell the student's parent/guardian

Question 5

Parents send their children to school for ________________________, and when school counselors enter into the equation there is the natural tension between parents' right to know what is happening in their child's life and a student's right to privacy.

Question 6

All of the following are steps for ethical action except ____________________________.

A)identify the emotional reaction
B)examine the facts
C)review the relevant ethical guidelines
D)consider the setting
E)do not consider parental rights

Question 7

The law requires that school counselors report sexual harassment to school officials ____________________________________________.

A)if there are verbal exchanges
B)if there is physical harm
C)only if they have permission from the student
D)only if they have permission from the student and parent(s)
E)under all circumstances

Question 8

The benchmark that courts use to determine what would be the actions of the reasonably competent professional school counselor is called _________________________________.

A)community standards
B)the Family Educational Rights and Privacy Act
C)in loco parentis
D)the duty of care
E)the standard of care

Question 9

In writing letters of recommendation for students, it is appropriate for school counselors to ____________________________.

A)write about the student's strengths and weaknesses
B)paint a picture of the student highlighting his/her strengths
C)advocate for students with strong academic histories
D)write a letter including whatever the student requests
E)consult the student's parents

Question 10

Ethical standards are intended to _________________________________.

A)standardize professional practice and protect students and counselors
B)remove the need for judgment and ethical reasoning
C)make consultation unnecessary
D)provide answers to specific ethical problems
E)all of the above

Question 11

Which of the following is NOT a measure that can avoid negligence in school settings?

A)knowing school board policies
B)providing specific referrals to helping agencies
C)belonging to a professional organization
D)involving parents
E)considering diversity issues

Question 12

The function of laws on federal, state, and local levels is to ____________________.

A)provide minimum standards that a society will tolerate
B)answer specific legal questions
C)punish behavior that is unacceptable
D)prescribe clear legal imperatives
E)lower crime rates

Question 13

A federal law that governs the disclosure of information from educational records is known as __________________.

A)IDEA
B)FERPA
C)HIPPA
D)Title IV
E)Section 504

Question 14

The school counselor's ethical obligation when delivering a comprehensive school counseling program is to ____________________________________________.

A)deliver a program that aligns with state, local and school board mandates
B)maintain contact with parents and keep them appraised of everything that is discussed during counseling sessions
C)use technology as part of all classroom presentations
D)deliver a program that is respectful of all aspects of diversity and to acquire the requisite awareness and skills to do so
E)only a and d

Question 15

__________________ is a legal imperative concerning information provided by the student.

A)Confidentiality
B)Code of ethics
C)Duty of care
D)Duty to warn
E)Privileged communication

Question 16

A school counselor has a "duty of care" to a student when ___________________.

A)a "special relationship" exists
B)the student is on school property
C)a parent signs a consent form
D)trying to avoid lawsuits
E)there is special fondness between the two

Question 17

One of the three circumstances that necessitate a school counselor breaching the confidentiality of a student is ________________________.

Question 18

Counselors must understand the culture and the prevailing written and unwritten standards of the community, school district, and individual work site and behave sensitively toward the culture and consistently with:

A)parent rights
B)student rights
C)group work
D)community standards
E)professional organizations

Question 19

The privacy of students as minors must be balanced with respecting the rights of _____________.

Question 20

Ethics are __________________________________________.

A)what you feel in your heart are correct behaviors
B)clear cut rules by which right or wrong are easily determined
C)determined by each individual's choice
D)the customs, mores, standards, and accepted practices of a profession
E)all of the above

Question 21

FERPA allows _______________________________ information to be purged from a child's educational record.

Question 22

Explain the steps of the model of ethical decision-making and describe the additional steps that must be incorporated because of the unique nature of counseling in schools. Salient Points to Consider
a. examine the facts
b. review ethical guidelines
c. identify the nature of the problem
d. consult or seek supervision
e. consider courses of action
f. examine consequences
g. implement action
h. consider: emotional reaction, parental rights, the setting, developmental levels

Question 23

Non-custodial parents do not have the same rights FERPA gives to custodial parents.

Question 24

It is unfair of anyone to expect that the school counselor has the depth of skill for the myriad serious mental health problems and dysfunctions presented by students. School counselors focus on supporting all students to be successful _______________________.

Question 25

School counselors are ______________________________ of child abuse by law.

Question 26

In loco parentis brings a legal responsibility to the school counselor to exercise reasonable care to protect a student from harm.

Question 27

Students' rights and responsibilities are defined by federal legislation, state statutes, and school board policy.

Question 28

Parental rights with regard to access to educational records are guaranteed to all parents, including ________________________ parents.

Question 29

Discuss two of the principles established by court cases that have implications for the school counselor's work. Salient Points to Consider
a. what happened in these cases
b. how did the courts rule
c. what implications did the ruling have for the school counseling profession

Question 30

One of the three conditions allowing for the designation "sole possession records" is _______________________.