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Ethical Dilemma

Presented by:
Grace Lee, Kendra Ostrovsky, Elaine Young, & Lydia Yun
Scenario - Homeless Student
Student tells you that they were evicted and have to
live with their uncle. It is not in the town of the school
where they attend. You know if they tell he will get kicked
out and sent to the uncle’s local school which is in gang
territory. What is your responsibility?
9 Step Ethical Decision Making Model

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1. Define the Problem Emotionally & Intellectually
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◈ Emotionally, we do not want the student to live in a gang
affiliated territory because there are a lot of unknown
variables. We also want to consider the safety of the student.
◈ Intellectually, we need to inform the student of their rights
and also advocate for the student’s situation by keeping
information confidential and also providing community
resources that can support them in finding a stable housing
situation.
2. Apply the ASCA and ACA Code of Ethics & the Law
2a ASCA Position Statement - Identify effects of homelessness on whole child.
Collaborate with community stakeholders. Remove barriers and implement
responsive prevention and intervention programs for children experiencing
homelessness.
ASCA Ethical Standards
◈ A.1. Supporting Student Development
◈ A.6. Appropriate Referrals and Advocacy
ACA Code of Ethics
◈ A.4.a. Avoiding Harm
◈ B.1.c. Respect for Confidentiality
◈ B.5.b Responsibility to Parents and Legal Guardians

(ASCA & ACA).


Laws Con’t
2b
The McKinney-Vento Act is a federal law that ensures the right of
students to go to school even when they are homeless or don’t have a
permanent address. It aims to reduce barriers that have prevented many
homeless youth from enrolling, attending, and succeeding in school.
Services provided:
◈ Transportation services upon parent’s request
◈ Free/reduced lunch provided
◈ Support by the school district’s Homeless Education Liaison
⬩ Request documentation requirements

https://nche.ed.gov/
3. Consider the Chronological & Developmental Levels
3 ◈ Chronologically, if students are at a developmentally
appropriate level, consider asking if they would like to be
present or provide the information themselves.
◈ Due to the student's developmental level (high school), he
should have the cognitive functioning skills and rationale to
make an informed decision for whether he stays at the current
school or transitions to the other school.
4. Consider the setting, parental rights and minor rights
4 ◈ Setting in School
◈ Parents/Guardians have the right to determine the student’s
school based off the child’s best interest.
◈ Minors have the right to attend either:
⬩ The school nearest to where they are living
*School of origin is
defined as “the school ⬩ The school where they were last enrolled (aka “school of
that a child or youth
attended when origin”)*, even if they move out of the school district.
permanently housed
or the school in ◈ Students have the right to be immediately enrolled in school
which the child or
youth was last even if they do not have the required documents. The Liaison
enrolled, including a
preschool
can request necessary documents from previous schools or help
with the transition.

https://nche.ed.gov/
5. Apply the Moral Principles
5 Autonomy - Allowing an individual
the freedom of choice and action,
Autonomy according to the child’s rights.
Helping clients to understand how
their decisions and their values may
Fidelity Justice
be received within the context of the
society.
Fidelity - Involves loyalty,
Nonmaleficence Beneficence faithfulness, and honoring
commitments. Clients must be able to
trust the counselor and the counselor
must not leave obligations unfulfilled.
ACA: Practitioner’s Guide to Ethical Decision Making
6. Determine the Potential Courses of Action & Their Consequences
6 ◈ A school counselor should try to keep him in the same school as school
stability for him should be a primary consideration in his home placement
because school is his safe place.
◈ Provide transportation under the McKinney-Vento Homeless Assistance Act
(2001)
⬩ This may be costly.
⬩ The Department of Education allows many schools and districts to
apply for grant money to provide additional programs and services.
◈ Consult with the student and parents about possible transition to the Uncle’s
house/school district and gather information from the family
⬩ Student may be exposed to stress, gang affiliation, loss of peer support,
low attendance, low academic performance, etc.
⬩ The transition could also affect his career/college readiness process.
School Counseling Principles: Ethics and Law; (3rd Edition) ASCA
7. Evaluate the Selected Course of Action
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◈ We want to honor ◈ If the parent/student decides to
confidentiality, however, transition to the Uncle’s area,
if the parent/student we will provide paperwork
decides to disclose the (withdrawal process) and do
information to the school, our best to provide
we can find alternative support/resources to aid in that
solutions and resources transition.
for housing assistance in
the current school district.
8. Consult
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◈ We can consult with other colleagues, counselors or
supervisors (in confidentiality) about the situation to
gain more insights, perspectives and clarity.
◈ We can also consult with agencies that assist
homelessness.
◈ Consult Homeless Education Liaison
◈ Consult your state or national professional associations
to see if they can provide help with the dilemma.
9. Implement the Course of Action
9 ◈ Educate the parent/student about their legal rights and other resources
in the current community so they can make an informed decision about
whether they choose to stay or transition.
⬩ According to McKinney-Vento Homeless Assistance Act, students
have the option of remaining in their school of origin to the extent
feasible or transferring to the local school in the current attendance
area when moving to a different address or community. The
parent/guardian determines which school is in the child’s best interest.
⬩ School districts will establish a dispute resolution process to resolve
disagreements between parents and the district. Families living in
homeless situations may contact the Liaison to help them put the
disagreement into writing.
Resources
❖ US Department of Guidelines:
McKinney-Vento Education for
Homeless Children and Youths
Program
❖ National Center for Homeless
Education Resources
❖ Education for Homeless Children and
Youth (EHCY) Federal Program
Profile
❖ Tips for Supporting Homeless
Children & Youths
Thanks!
Any questions?

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