Professional Practice, Ethics, and Legal Issues
Professional Practice, Ethics, and Legal Issues tests judgment under competing obligations. Items ask what a counselor must do, may do, and must never do when law, ethics, and school policy intersect.
Ethical anchors
The ASCA Ethical Standards emphasize student welfare, confidentiality with limits, informed consent, competence, avoiding multiple relationships, advocacy, and accurate records. A values-based referral must not abandon the student: refer only when competent service is unavailable, and follow up.
Legal anchors
- FERPA: parents, and eligible students at 18, may inspect and amend education records; disclose only with consent or a legal exception. Sole-possession notes qualify only under narrow conditions.
- PPRA: written parent consent for federally funded surveys touching protected areas such as political beliefs, sexual behavior, or religion.
- IDEA and Section 504: evaluation, accommodations, and transition planning from age 16 under IDEA (Ohio begins at 14). Counselors are team members, not sole decision-makers.
- Mandatory reporting: Ohio requires reporting suspected child abuse or neglect under ORC 2151.421 to children services; do not investigate yourself.
- Duty to protect: follow district threat-assessment and suicide protocols; never promise silence.
Worked example
A subpoena arrives for a student's counseling records. The correct sequence: verify it with district legal counsel, notify the parent or guardian unless prohibited, assert privilege where state law allows, and release only what is ordered. Releasing records because the court asked is the wrong reflex.
Traps
Promising unconditional confidentiality; disclosing to teachers without need to know; failing to document risk assessment and contacts; counseling beyond training; accepting gifts or friendships that create dual roles; ignoring social-media boundaries.