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Governing Body:

Family Educational Rights and Privacy Act (FERPA): FERPA is a federal law that serves as protection for privacy of student education records. The U.S. Department of Education enforces FERPA, ensuring that schools comply with the regulations regarding the handling and disclosure of student information (Stone, 2024).

Responsibility of Compliance:

School Administration and Counselors: School administrators and school counselors are responsible for ensuring that students records are handled in compliance with FERPA. This would also include limiting access to these records and obtaining the parents consent or eligible student consent before disclosing student information (Stone, 2024).

Reference

Stone, C. (2024, June). FERPA: the ever-changing federal statute. ASCA School Counselor, 61(5).

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Slide #3 Federal and State Constitutional Laws

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Slide #3 Federal and State Constitutional Laws

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The United States Constitution:

The Fourth Amendment to the Constitution protects privacy of individuals, more specifically against unreasonable searches and seizures. In the context of school counseling, this amendment influences the privacy rights of students regarding their educational records and personal information. Failure to comply could result in legal action against the school and or the counselor.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (U.S. Const. amend. IV).

Texas State Constitution:

Article l, Section 9 of the Texas Constitution serves as protection against unreasonable searches and seizures much like the Fourth Amendment to the Constitution. This reinforces the need to respect the privacy of student records and personal information. Failure to comply could result in legal action at the state level and potential disciplinary action against the counselor (Tex. Const. art. I, § 9).

Reference

Texas Constitution Article I, § 9.

United States Constitution Amendment  IV.

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State Statute:

Texas Education Code § 26.004 outlines the rights that parents have regarding access to their child’s educational information and records. School counselors in the state of Texas must adhere to the state laws that govern the disclosure of student records to parents, and ensure they respect parent’s rights to access this information. School counselors who do not adhere to this could face legal challenges from parents and potential state-level penalties against the school and or counselor (Tex. Educ. Code § 26.004).

State Administrative Law:

Texas Administrative Code, Title 19, Part 7, Rule § 247.2, also known as the Code of Ethics and Standard Practices for Texas Educators, really lays the foundation for educators, including the requirement to maintain the confidentiality of student records and information. School counselors should adhere to these ethical standards, and make sure that students records are only shared in accordance with state and federal laws. Not adhering to this can lead to disciplinary action by the Texas Education Agency, and coils possibly lose their certification (19 Tex. Admin. Code § 247.2).

Reference

Texas Education Code § 26.004

Texas Administrative Code, Title 19, Part 7, Rule §247.2

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Court Case for Confidentiality and Privacy

In Owasso Independent School District V. Falvo (2002), the Supreme Court addressed whether peer grading of student assignments violated FERPA. The plaintiff, Falvo, argued that having students grade each other’s work and call out the grades of their peers violates the privacy of educational records. The Court ruled that peer grading does not violate FERPA. The reason is that students grades prior to a teacher recording the grade does not constitute as “educational records” as it is defined by FERPA, therefore it is not subject to its confidentiality requirements. This case helps define what constitutes as educational records under FERPA, proving the importance for school counselors to understand and make sure they are in compliance with FERPA to maintain student confidentiality. This ruling emphasizes the need for school counselors to be knowledgeable about FERPA to appropriately protect student information (Owasso Independent School District v. Falivo, 2002).

Reference

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002).

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Professional Perspective

As an aspiring school counselor in Texas, my professional perspective is shaped by my commitment to foster a safe, supportive, and ethical environment for students. In the field of education there is an emphasis on the importance of addressing academic, career, and personal/social development of all students. This comprehensive approach takes a thorough understanding of both the ethical standards and legal requirements that govern our practice.

Audience

The primary audience for this legal guide includes current and future school counselors, educators, school administrators, and other stakeholders involved in student support services. Also, this legal guide could prove to be beneficial for parents and guardians who wish to understand the legal and ethical standards that protect their children.

Topic of Confidentiality and Privacy

Confidentiality is a founding principle of the counseling profession. School counselors in Texas are bound by both ethical guidelines and legal requirements to protect the privacy of their students. However, maintaining confidentiality can become challenging when trying to balance the needs of students with those of their parents, school administrators, and law enforcement. School counselors in Texas are having to navigate the Family Educational Rights and Privacy Act (FERPA), which governs the privacy of student education records, while also adhering to the American School Counselor Association (ASCA) Ethical Standards (Stone, 2017).

Why this topic

The reason I chose the topic of confidentiality and privacy is because they are the most challenging and impactful aspects in school counseling. Confidentiality is essential in building strong relationships with students. Having that trust between the counselor and the student is when real success for the student can begin to happen. This has to be balanced between the legal and ethical duty to protect students from harm.

Reference

Stone, C. B. (2017). Ethics and law: School counseling principles. American School Counselor Association.

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Risk Management Steps for Confidentiality and Privacy (ASCA, 2022):

Regular Training: Train school counselors and staff on FERPA regulations, ethical standards, and best practices

Clear Policies and Procedures: Develop and enforce clear policies and procedures for handling , storage, and sharing of student information

Secure Communication Channels: Implement secure communication channels for sharing sensitive information

Regular Audits: Conduct regular audits to ensure compliance with FERPA and district policies

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Slide #7 Local Administrative Law/Policy/Rule

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Slide #7 Local Administrative Law/Policy/Rule

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Local policy FL mandates that student records are confidential and protected from unauthorized inspection or use. Access to these records is limited to parents students (under certain conditions), and school officials with a legitimate educational interest (Levelland ISD, 2023, p. 67). This policy ensures compliance with federal laws like FERPA, and aims to maintain the confidentiality and integrity of student information. This local policy directly impacts the confidentiality and privacy practices of the school counselor. School counselors must ensure they handle student records in accordance with this policy. By adhering to local policies such as this helps build trust between the school counselor, students, and their families.

Reference

Levelland ISD. (2023). Levelland ISD 2023-2024 employee handbook.

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The Family Educational Rights and Privacy Act (FERPA) is a federal law administered by the U.S. Department of Education that protects the privacy of student education records. FERPA gives parents the right to access and amend their children's records and requires written consent before disclosing personally identifiable information in an effort to keep the child and their information safe. This regulation impacts school counselors by mandating strict confidentiality, ensuring that student information is only shared with authorized individuals, and emphasizes the need for counselors to comply with legal disclosure requirements (20 U.S.C. § 1232g; 34 CFR Part 99).

Reference

Code of Federal Regulations, Title 34, Part 99.

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

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Ethical Standards for Confidentiality and Privacy

The American School Counselor Association (ASCA) Ethical Standards for school counselors mandates the protection of student confidentiality. Standard A.2 outlines that school counselors must protect the confidentiality of their students’ records and personal information. Making sure that school counselors only disclose information when legally required to, in order to prevent serious and foreseeable harm (ASCA, 2022). This standard directly impacts the way that school counselors manage student records and personal information, ensuring that it is only shared with authorized individuals.

Reference

American School Counselor Association. (2022). Ethical standards for school counselors. ASCA.

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This assignment has taught me a great deal about the extensive legal framework that governs confidentiality and privacy as it relates to the school counselor. I have been able to gain a better understanding of the implications of laws like FERPA and HIPPA, and how serious it is to protect student information as well as the consequences of non-compliance. This knowledge is crucial for ensuring that students’ rights are respected and their personal information is handled correctly. I want to learn more about the different scenarios that might impact the decision making process that school counselors would use as they determine what falls under mandatory reporting. Having a better understanding of how to handle complex cases, like when a student shows conflicting signs of abuse, would be valuable for me as a future school counselor. One of the biggest takeaways for me is the importance of adhering to legal and ethical standards in school counseling. The implications of not following laws and regulations are very serious and most lead to legal actions that could be taken against the school counselor. This takeaway really puts into perspective the responsibility of the school counselor to protect students rights and well-being.

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Slide #11 Recommendations and Best Practices

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Slide #11 Recommendations and Best Practices

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Regular Training: School counselors and staff should undergo regular training on FERPA regulations, ethical standards, and best practices for handling student information (U.S. Department of Education, 2023).

Clear Policies and Procedures: Put in place comprehensive policies for handling, storing, and sharing student information (U.S. Department of Education, 2023).

Parental Consent: Ensure parent's written consent is given prior to sharing student information with unauthorized individuals or external entities (U.S. Department of Education, 2023).

Regular Audits: Conduct periodic audits to verify compliance with FERPA and district policies, and to identify address potential issues quickly if they should arise (U.S. Department of Education, 2023).

Confidentiality Agreements: Have staff sign confidentiality agreements to help prove the importance of protecting student information (American School Counselor Association, 2022).

Incident Reporting: Implement a clear protocol for reporting and addressing any breaches of confidentiality, including notifying affected parties and taking corrective actions (American School Counselor Association, 2022).

Access Control: Limit access to student records to only those individuals who have a legitimate educational interests, and regularly review those with permission (U.S. Department of Education, 2023).

Student and Parent Education: Educate students and parents about their rights under FERPA and the school’s policies on confidentiality and privacy (U.S. Department of Education, 2023).

References

U.S. Department of Education. (2023). Family educational rights and privacy Act (FERPA).

American School Counselor Association. (2022). Ethical standards for school counselors.

Smith, J. (2020). Educational law and ethics. Education Publishing House.