Deck 14: Legal and Ethical Concerns in School Counseling

Question 1

Jones, an elementary school counselor, fails to report a parent for suspect child abuse because she believes the parent had justification for physically punishing their child. In this situation, Ms. Jones could be sued for:

A) Disobedience
B) Malpractice
C) Negligence
D) Malfeasance

Answer 1

C

Question 2

Smith, a middle school counselor, uses hypnosis to help a student experiencing complicated grief related to the death of his grandparent. Mr. Smith has not received training in hypnosis nor does he receive supervision in conducting hypnosis. Mr. Smith could be sued for:

A) Disobedience
B) Malpractice
C) Negligence
D) Malfeasance

Answer 2

B

Question 3

The first thing a school counselor should do if confronted with a legal action is:

A) destroy their case notes.
B) contact the person suing them.
C) submit their case notes to the court.
D) contact a lawyer and then inform his or her supervisor.

Answer 3

D

Question 4

Which regulations tend to have the most influence the daily activities of school counselors?

A) Local school board policies and regulations
B) Federal legislation
C) State legislation
D) Regulations established by the state department of education

Question 5

Confidentality is considered the foundation of counseling because:

A) federal law mandates that all communications between a school counselor and a student are private.
B) it provides students the safety to criticize their teachers and parents.
C) it provides students the safety to explore their thoughts, feelings, actions, and goals to develop the insight essential for improving one's decision-making capabilities.
D) it provides school counselors the freedom to tell students what to do.

Question 6

School counselors often struggle with determining when they should violate a student's confidentiality because:

A) the legal status of minors is highly ambiguous.
B) teachers have the right to ask for all information about a student.
C) federal law mandates that all communications between a school counselor and a student are private.
D) students are not willing to sign a written contract.

Question 7

Privileged communication is:

A) a legal term meaning that communication revealed to a professional is protected from having to be revealed in a court of law.
B) a legal term meaning that communication revealed to a professional is protected from having to be revealed in a court of law
C) an ethical standard meaning that school counselors have the privilege of demanding any information they want from a student.
D) is granted only to principals.

Question 8

School counselors must favor parent's rights over the student's right when:

A) when a student is not performing well academically.
B) in custody disputes
C) any time the parents want information about their child.
D) students may be a threat to self or others

Question 9

Which of the following examples would constitute a situation which a school counselor would need to breach confidentiality because of the presence of a "serious and foreseeable harm"?

A) A student in an individual counseling session indicates that they plan to stab another student.
B) A student in an individual counseling session indicates that last week they punched another student.
C) A student in an individual counseling session indicates that they have drank their parents alcohol.
D) A student in an individual counseling session indicates that he plans to buy marijuana

Question 10

Federal laws designates that the following persons are mandated to report suspicions of child abuse?

A) teachers
B) principals
C) school counselors
D) all educators

Question 11

The "duty to warn" is defined as:

A) warning a potential aggressor that his or her behaviors may be illegal.
B) breaching confidentiality by informing an intended target.
C) warning the parents of a child who has plans on committing aggression.
D) informing the police that a person has plans to be aggressive.

Question 12

The "duty to protect" is defined as:

A) taking steps to prevent harm from occurring to a third person based upon communications made in a counseling relationship.
B) warning intended victims.
C) detaining a potentially aggressive student until his or her parents have their child receive a mental health evaluation.
D) requesting that a child receive a mental health evaluation.

Question 13

One way school counselors can balance student's and parent's rights is to:

A) refuse to meet with a student until he or she signs a written consent acknowledging the limits of confidentiality.
B) inform student's and parent's about the nature and limits of confidentiality using various methods (e.g., classroom lessons, student handbook, etc.)
C) ask the principal to sit it on any session with a student that may involve serious subject matter.
D) refuse to meet with any student who appears to want to discuss an issue that may require the school to breach confidentiality.

Question 14

The Family Educational Rights and Privacy Act (FERPA) of 1974 is federal legislation that regulates:

A) parent's right to place their child in a different school
B) parent's right to opt their child out of standardized testing.
C) the limits of confidentiality in school-based counseling sessions.
D) educational records and outlines how all written information concerning a student must be handled and distributed in order to protect the student and his or her family

Question 15

According to the Family Educational Rights and Privacy Act (FERPA) of 1974, educators have the right to access when a student's file when:

A) they have legitimate educational interest.
B) they teach within the respective student's school.
C) when the student poses a danger to self or others.
D) when the student is struggling academically.

Question 16

According to the Family Educational Rights and Privacy Act (FERPA) of 1974, one criterion for a profession educator's notes to be considered "sole possession records" is that they:

A) are not accessible or shared verbally or in written form with others
B) include a comprehensive intervention plan.
C) are only shared in Individualized Education Planning (IEP) meetings.
D) are only shared with the principal.

Question 17

Appropriate information to include in a school counselor note would be:

A) hypotheses regarding the origin of a student's personal difficulty.
B) dates and summaries of consultation with professional colleagues.
C) hypotheses regarding a parent's contribution to a student's personal difficulty.
D) specific statements a child made concerning his or her feeling for their parents.

Question 18

Upon receiving a subpoena, the school counselor should:

A) contact the principal.
B) the school district's lawyer.
C) contact the lawyer whom submitted the subpoena.
D) contact the parent of the student in question.

Question 19

One recommendation for school counselors when serving as a witness is to:

A) submit one's personal case notes to the parents of the student.
B) destroy one's personal case notes.
C) document all consulting and conversations regarding the issue
D) refuse to reveal information about a student's communication even when mandated by a judge.

Question 20

If a school counselor has to testify he or she should:

A) always follow the advice of the school district's solicitor.
B) only report facts, not an interpretation.
C) bring their case notes to court.
D) provide a summary of their work with a child.