A legal resource manual for school counselors in Wisconsin legal and ethical considerations

Abstract

The first purpose of this research study was to selectively examine and present the legal and ethical issues that affect and apply to school counselors in Wisconsin. The second purpose of this research study was to provide school counselors, school counselor trainees, and training institutions with a manual that analyzes the selected laws and ethical guidelines that apply to their profession. The study focused on areas that oftentimes present questions or concerns for school counselors due to the nature of their jobs and their work with students, such issues as confidentiality and the disclosure of information, exceptions to confidentiality, pupil records, harassment and bullying issues, special education, malpractice and other legal concerns. Relevant articles, statutes, case law, and other sources were reviewed and analyzed, and issues regarding the right to privacy, privileged communication, and informed consent were addressed in regard to students and parents. Additionally, the exceptions to confidentiality—child abuse or neglect, harm to self or others—as well as issues of sharing information with school personnel and parents, and group counseling were also presented for counselors. The results of the study suggest that although there is much guidance for school counselors in terms of ethical and legal obligations and/or implications, there are still many questions left unanswered or subject to interpretation. The footnotes and appendixes provide additional resources for the reader. Finally, recommendations were made regarding the need for continuing research, education, and training of counselors.