1. © 1996-2003 American Student Achievement Institute http://asai.indstate.edu May be reproduced with proper citation for educational purposes.

2. American Student Achievement Institute

3. CONFIDENTIALITY —Ethical Concept —What is said between two people will remain secret and will not be shared without consent PRIVILEGED COMMUNICATION —Legal Concept —Protects from Forced Disclosure — YES: School Counselors & School Social Workers — NO: School Nurses, School Psychologists, Advisors, Mentors EXCEPTIONS TO CONFIDENTIALITY & PRIVILEGED COMMUNICATION —Child Abuse & Neglect — Student has committed an illegal act — Student intends to commit a crime — Parent (or eligible student) waives right — Potential harm to self or others Confidentiality / Privileged Communication American Student Achievement Institute

5. —Prohibits discrimination on the basis of gender by any institution receiving federal funds —Prohibits discrimination on the basis of gender in guidance or counseling —All careers open to both genders —All courses offered to both genders —Test interpretations differ for genders (red flag) —Hiring practices – cannot be gender related Title IX – Gender Equity American Student Achievement Institute

7. IC 31-34-1-6 A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD BECOMES EIGHTEEN (18) YEARS OF AGE: (1)The child substantially endangers the child’s own health or the health of another individual; and (2)The child needs care, treatment, or rehabilitation that the child (A) is not receiving, and (B)is unlikely to be provided or accepted with the coercive intervention of the court. Child in Need of Services American Student Achievement Institute

8. CHILD ABUSE Excessive bruises Pattern of bruises Burns Burn patterns Lacerations, welts, abrasions Injuries inconsistent with explanation Sexual abuse Emotional disturbance Signs of Child in Need of Services NEGLECT Malnourished Ill-clad, dirty Improper shelter Inappropriate health care Excessive absences Overworked Lacking emotional nurturance Abandonment American Student Achievement Institute

9. IC 33-31-5-1 “An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.” 1)Immediately notify the school principal who will cause a report to be made to: a) Local child protection service b) Local law enforcement agency IC 31-33-6... a person, other than the person accused of child abuse or neglect... is immune from any civil or criminal liability that might otherwise be imposed because of such actions. FAILURE TO REPORT - MISDEMEANER Duty to Report Child Abuse American Student Achievement Institute

10. 1.Report suspected cases to principal immediately (or his or her designee if the principal is out of the building) 2.Determine who will report the abuse to Child Protective Services 3.If not you, follow up to make sure the report was made 4.If Child Protective Services wishes to talk to the student at school a.Verify that the person is really from Child Protective Services b.Find a private place for the meeting b.Explain the situation to the student before they see the caseworker c.Assure him/her that the caseworker has the student’s best interests in mind d.Offer to be present during the interview e.If present, just listen f.Check in with the student after the caseworker is gone and the next day How to Report American Student Achievement Institute

12. MALPRACTICE: Practices that are outside of a professional’s training or ability that result in damage to the recipient of those services NEGLIGENCE: A a breach of legal duty to perform acts that are part of the professional’s obligation ACTING IN GOOD FAITH: Using the ethical standards of one’s profession as a criterion for marking a legal determination. MALPRACTICE American Student Achievement Institute

13. COUNSELING: Using knowledge of counseling theory and counseling techniques to bring about a change in student behaviors or attitudes (should be practiced only by credentialed professionals) GUIDANCE: Sharing knowledge related to career, academic, or personal-social development ACTIVE LISTENING: Listening in an friendly and attentive manner The Difference Between Counseling, Guidance, Active Listening American Student Achievement Institute

14. LIBEL: False statements that are published and bring about hatred, disgrace, ridicule, or contempt SLANDER: Verbal statements that bring about hatred, disgrace, ridicule, or contempt DEFAMATION: In civil suits, an injured reputation resulting from libel or slander Advisor Risks: Letters of recommendation Comments in student records LIBEL / SLANDER / DEFAMATION American Student Achievement Institute

16. IC 20-10.1-4-15 Schools may not require students to involuntarily participate in a personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. Analysis / Evaluation / Survey American Student Achievement Institute

17. © 1996-2003 American Student Achievement Institute http://asai.indstate.edu May be reproduced with proper citation for educational purposes.