SPECIAL EDUCATION, ETHICS AND LEGAL ISSUES IN COUNSELING
Counselor Education Department ∙ Boise State University
Course Number: COUN 508
Course Time: Thursday, 6 p.m. – 9 p.m.
Course Location: MP308
Semester: Fall 2008
Credits: 3 credits
Instructor: Mary Barros-Bailey, PhD, CRC, NCC
Intermountain Vocational Services, Inc.
208.229.8484 (p) ∙ 208.279.6830 (f)
www.bilingualrehab.com
barrosm2002@yahoo.com or barrosm@ctcweb.net
Course Description
Information on laws, regulations, techniques and interventions needed by professional counselors when working with individuals with disabilities or other challenges. Examination of ethical, legal, and professional issues involved in counseling in all settings and populations. Analysis of questionable situations and practitioner decision-making based on the ethical standards of the American Counseling Association and laws governing professional counselors. PREREQ: COUN 505 or PERM/INST
Objectives
The instructor will endeavor to:
· encourage student self-awareness of personal assumptions, values, and biases;
· broaden student recognition of the pervasiveness of ethical issues in daily and professional lives;
· provide current statutory and case law examples and data to assist students in acquiring specific knowledge regarding the evolving field of counseling and the law;
· demonstrate awareness of and respect for diverse opinion, methodology, and culture;
· foster student commitment to personal and professional responsibility for ethical action, including advocacy for all clients;
· facilitate student development of ethical knowledge and effective reasoning skills;
· provide current statutory and case law examples and data to assist students in acquiring specific fundamental professional knowledge of special education procedures, the counselor’s role with school teams, and related unique ethical applications; and,
· increase student understanding of the complexity and ambiguity of ethical principles and standards.
Upon completion of this course, the student will be able to:
· inform others, including consumers of counseling services and members of other professions, of the ethical standards (with historical and philosophical background and current rationale) about which counselors are expected to knowledgeable;
· analyze conflict situations of an ethical/legal nature via a decision-making model utilizing ethical principles and standards within an identified personal value system;
· demonstrate a working knowledge of ethical and legal terminology and concepts;
· demonstrate a working knowledge of special education terminology and concepts;
· pursue productive avenues to gather information regarding accreditation, licensure, and/or certification in various states, agencies, and organizations; and,
· recognize and be able to reason through the complexity and ambiguity in applying ethical principles and standards to daily living and professional situations, including cross-cultural and special needs contexts, in light of ever-changing societal expectations.
Instruction methods:
· Practice
· Lecture
· Small group work
· Online group discussion
CACREP Standards Addressed in the Course
|
Reference |
Standard |
|
K.1.h. |
Professional Identity – ethical standards of the American Counseling Association (ACA) and related entities, and applications of ethical and legal considerations in professional counseling. |
|
K.2.f. |
Social and Cultural Diversity – ethical and legal considerations. |
|
K.3.e. |
Human Growth and Development – ethical and legal considerations. |
|
K.4.i. |
Career Development – ethical and legal considerations. |
|
K.5.g. |
Helping Relationships – ethical and legal considerations. |
|
K.6.g. |
Group Work – ethical and legal considerations. |
|
K.7.i. |
Assessment – ethical and legal considerations. |
|
K.8.f. |
Research and Program Evaluation – ethical and legal considerations. |
Required Texts and Readings
Cottone, R. R., & Tarvydas, V. M. (2007). Counseling ethics and decision making (3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Wheeler, A. M. N., & Bertram, B. (2008). The Counselor and the Law (5th ed.). Alexandria, VA: American Counseling Association.
American Counseling Association. (2005). American Counseling Association Code of Ethics. Retrieved from http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx
Other Relevant Readings
American Psychological Association. (2001). Publication manual of the American Psychological Association (5th ed.). Washington, DC: Author.
American Psychological Association. (2007). Style guide to electronic references. Washington, DC: Author.
Corey, G., Corey, M. S., & Callanan, P. (2007). Issues and ethics in the helping professions 97th ed.). Belmont, CA: Thomson ∙ Brooks/Cole.
Herlihy, B., & Corey, G. (2006). ACA Ethical Standards casebook (6th ed.). Alexandria, VA: American Counseling Association.
Grading Criteria
· Class Attendance and Participation 15 points
· Professional Credential Search 10 points
· Professional Disclosure Statement 10 points
· Specialty Area Presentation 15 points
· Decision-Making Projects 15 points
· Research Paper 20 points
· Blackboard Participation 15 points
· TOTAL POINTS 100 points
Scale: A = 93-100, B = 85-92, C = 77-84
Assignments not submitted when due or not in assigned format may not earn full points. Those submitted without prior approval more than one week past their due date will not be accepted. Plagiarism is sufficient grounds for failure for the course. See current Boise State Graduate Catalog for academic regulations and appeal procedures.
Attendance and Participation
This course is knowledge and experience-based. Your attendance and participation are important. Completion of activities and assignments, listening to and respecting fellow students and their opinions is expected and can augment or reduce your grade. If you miss more than one class session, please contact the instructor as soon as possible because this may reduce your grade.
Disability and Accommodation
If you have special needs as a result of a disability or alternative learning style and require accommodation, please contact me to make reasonable arrangements to assist you. Boise State University’s Disability Resource Center (DRC) coordinates services to meet the educational needs of students with documented disabilities. The DRC works with students and faculty to arrange reasonable accommodations and promote an environment that is free of both physical and attitudinal barriers.
Academy Integrity Statement
Academic misconduct or dishonesty such as cheating and plagiarism is unacceptable and appropriate penalties will be imposed. This includes referencing material that you have not read, or not giving credit to others whose work product you are using. Please refer to Boise State University’s Shared Values Statement and Student Code of Conduct Statement.
Assignment Sign-Up and Due Date Summary
|
Date |
Assignment |
|
08/28 |
Professional Credential Search Sign up |
|
09/04 |
Specialty Area Presentations Sing up (Topic and Presentation Date) |
|
09/11 |
Blackboard Participation Starts |
|
09/18 |
Professional Credential Search Project Due |
|
10/09 |
Ethical Issues in Pop Culture Research Paper Sign up |
|
10/23 |
Professional Disclosure Statement Due |
|
10/30 – 11/13 |
Specialty Area Presentations |
|
11/20 |
Awareness/Decision-Making Model Responses |
|
12/11 |
Ethical Issues in Popular Culture Research Paper Due |
Assignments
10% Professional Credential Search (individual assignment)
Select one field and two states other than Idaho (e.g., Certified Chemical Dependency Counselor in Colorado and Wisconsin, School Counselor in Utah and Ohio) and submit a written summary of requirements, including required education and supervision hours for certification/licensure in the field/states of your choice accompanied by two pages maximum stating your opinion/concerns/ reactions to the information received, including any difficulties encountered obtaining that information. Must be in APA5 format. Be prepared to briefly share/discuss your search source(s), technique, and results orally.
SIGN UP: August 28
DUE: September 18
10% Professional Disclosure Statement (a.k.a. Informed Consent Document)
In a format of your choosing, include the identification of professional competencies, anticipated outcomes of the helping relationship, limitations and restrictions, informed consent information, etc., (see Idaho Code) that will fit with a developmental level and setting (target audience) in which you would like to work, or currently work (see examples handouts).
DUE: October 23
15% Counseling “specialty area” Presentations (In pairs/trios)
a) Cottone & Tarvydas Part 5 (Counseling Specialties, Chapters 12-18)
b) research current case law, statutes, and codes (including positions and publications from relevant professional specialty associations) related to standards, employment, insurance eligibility, etc.
c) specifically investigate the “Issues of Significance to the Specialty” section of your chapter (the ethics focus)
d) prepare and distribute a written summary of key points (two pages maximum text in APA5 format, plus references)
e) prepare and distribute your written summary
f) orally present the summary and respond to student’s questions (20 minutes maximum presentation)
SIGN UP: September 4
DUE: October 30, November 6, and 13
15% Awareness/Decision-Model Responses (individual assignment)
Ethical case studies are designed to stimulate your personal investigation and further your knowledge about how you approach ethical decision-making. Present a decision-making model for cases that involve an ethical dilemma. This model is to be shown as a one-page visual model plus a narrative explanation of the model (maximum 2 pages). Include references. The entire paper must be in APA5 format. HINT: Work on this as the semester progresses. Assignments, Blackboard discussions, and class materials given in class will often contain relevant information to further your investigations.
DUE: November 20
20% Ethical Issues in Pop Culture Research Paper (individual assignment)
Select a movie that has a main character cast as a counselor, psychologist, therapist, or other mental health professional. Ideas include: Anger Management, Antwone Fisher, Because I Said So, Clockwork Orange, Girl Interrupted, Good Will Hunting, Mr. Jones, Mumford, Ordinary People, Prince of Tides, The Psychologist, The Snakepit, What About Bob? Research the legalities and ethical concerns surrounding the dilemmas in the move and decide what you, the counselor, would do if you were in that role.
In maximum of ten (10) pages plus reference page(s) in APA format, present the movie, court rulings/appeals that relate to the dilemma(s) in the movie, ethical considerations, and ethical/legal ramifications. One of the references must be electronic, and cited appropriately using the new APA Style Guide for Electronic References (2007). You are expected to cite relevant ethical codes and standards of practice and/or statutes and case law to support or define your position, including appropriate citations related to theory, techniques, special needs regulations, and multicultural research as applicable. Discuss the decision making model and procedure(s) the mental health professional used, or might have used, to help become aware of the dilemma(s) and make the best and ethical decision(s).
SIGN UP: October 9
DUE: December 11
15% Online Group Participation (individual participation)
Starting 9/11, the class will have a concurrent online discussion on Blackboard on a weekly basis regarding the topic chosen by the instructor pertaining to current class discussions. Students are required to participate in the online discussions by posing at least one question per week and posting at least two responses. Guest speakers will occasionally be brought in on some topic areas. Netiquette guidelines will be discussed and enforced.
DUE: September 11 through December 11
August 28 Introductions and Overviews
For discussion: Syllabus Clarification
Ethics Instrument
Definitions
Ethical Behavior
DUE: Sign up for Professional Credential Search Topic/State
Read/do for next class:
Cottone and Tarvydas Chapters 1, 2, & 5 pp. 2- 24, 67- 84
Wheeler and Bertram Chapter 1 pp. 1-10
September 4 At Issue: Counselor Values
For discussion: Your theoretical stance – and why
Professional Credential Overview
Vignettes
“Hot” Buttons
DUE: Sign up for Specialty Presentations (Cottone & Tarvydas, Chapters 12-18)
Read/do for next class:
Cottone and Tarvydas Chapter 10 pp. 354-393
Appendices F, G, H pp. 411-416
Handouts Disinhibition Effect
Online Groups
September 11 At Issue: Technology and Research
For Discussion: Relevance and access
Informed Consent
DUE: Blackboard Participation Starts
Read/do for next class:
Cottone and Tarvydas Chapter 6 pp. 85-113
Review Appendix B through Appendix X pp. 393-497
Handouts Basic Principles
Definitions
Elements of Individualized Education Plan (IEP)
September 18 At Issue: Professional Codes and Decision-Making Models
For discussion: Developmental levels of morality
Credentialing Issues—alphabet soup
Codes—similarities and differences
DUE: Professional Credential Search
Read/do for next class:
Cottone and Tarvydas Chapters 7, 8 pp. 116-148
September 25 Allocation of group time for Specialty Area Presentations -- Class will not meet.
For discussion: Standard of Care
Training selection criteria and curriculum
Awareness and knowledge base into Decision-making
Advocacy
Read/do for next class
Cottone and Tarvydas Chapter 3 pp. 25- 47
Appendices C, D pp. 405-407
Appendix O pp. 454-458
Wheeler and Bertram Chapter 2-4 pp. 11-64
Handouts: Idaho Law
Exceptions
For Discussion: Practitioner Act or Title Act
Confidentiality, Privacy, and Privileged Communication
FERPA and HIPPA
Read/do for next class:
Cottone and Tarvydas Chapter 4 pp. 48-66
Wheeler and Bertram Chapters 5-7 pp. 65-96
Handouts: Duty to Warn
For Discussion: Duty to Warn
Negligence, Malpractice, and Torts
Read/do for next class:
Wheeler and Bertram Chapter 9 pp. 115-128
Handouts Worksheets on Case Notes
Disclosure Statement Research
Examples of Disclosure Statements
For Discussion: Purposes and Guidelines
A note is not a note
DUE: Professional Disclosure Statement
Read/do for next class:
Cottone and Tarvydas Chapter 11 pp. 212-226
Chapter 19 pp. 347-368
Appendix E pp. 408-410
Appendices J, K pp. 420-437
Appendices V, W pp. 493-496
Handouts Multicultural Competencies
Concepts of Social Justice
October 30 At Issue: Welfare and Integrity
For Discussion: Cultural Sensitivities
Aspects of Supervision
Advocacy and Social Justice
Your theoretical stance – and why
DUE: Specialty Area Presentations
Read/do for next class:
Wheeler and Bertram Chapter 8 pp. 97-114
Handouts Allowing Dual Relationships
Multicultural/Rural Communities Relationships
For Discussion: Dual/Multiple Relationship?
Slippery Slopes and Decision-Making
DUE: Specialty Area Presentations
Read/do for next class:
Handouts TBD
Guest Presenter on Blackboard
For Discussion: Statutes, Rules, and Case Law
That IEP, IFEP
DUE: Specialty Area Presentations
Read/do for next class:
Handouts Team meetings
Record Keeping
For Discussion: The Counselor in the Special Education Team
Advocacy
DUE: Awareness/Decision Model Responses
Read/do for next class:
Cottone and Tarvydas Chapter 9 pp. 149-211
November 27 No class (Happy Thanksgiving to us all)
For Discussion: Diagnosis
Managed Care
Termination
Read/do for next class:
Cottone and Tarvydas Chapter 20 pp. 369-375
Appendix Q pp. 468-470
Wheeler and Bertram Chapter 10 pp. 129-157
Handouts Standards for Fair Testing
Reporting and Process
For Discussion: To Test or not to Test
Copyright Definitions (Law), Myths (Practice), and Considerations
Reporting and Process for Perceived Unethical Decisions
DUE: Ethical Issues in Popular Culture Research Paper
ENJOY the WINTER BREAK!