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My professional perspective is that school counselors, and anyone in education, have a legal, ethical, and moral obligation to protect the students in our care. That is why I chose confidentiality. I want to make sure that I am legally abiding by the rules of confidentiality but I also want to make sure that what I share or don’t share is in the best interest of the student.

The audience for these topics would be anyone who would be working with or have a relationship with the student.

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The main agency governing confidentiality is the US Department of Education with FERPA. If a person feels their FERPA rights have been violated, they would file a complaint with the US Department of Education. The state governing agency is the Texas Education Agency. (Hapes et al., 2024).

Despite the strength of the US Department of Education with FERPA, much of the policy making happens at the state level.

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Confidentiality-The Family Educational Rights and Privacy Act (FERPA) is a federal law, originating with the US Department of Education, that protects a student’s educational records. This law gives parents/guardians the right to access their student’s records as well as keep certain information from being released (20 U.S.C. §1232g: 34 CFR Part 99).

-Protects privacy if student's academic records.

-Parents have the right to inspect student's academic records.

-Parents can request certain information not be published.

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

A state law that impacts confidentiality is the Texas Student Privacy Act which impacts the release of student information that was provided on a website (Tex. Educ. Code § 32.51 et. seq.). It is part of the Texas Education Code.

-Protects student information shared with any academic institutions,

-Information that is protected is what would be considered directory information plus information like discipline records, social security number, and religious information.

https://texas.public.law/statutes/tex._educ._code_section_32.151

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

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policy; privacy; academic records; technical assistance; parent rights; student rights; ferpa

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Family Educational Rights and Privacy Act (FERPA)

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Family Educational Rights and Privacy Act (FERPA) Home Page.

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A federal statute that impacts student confidentiality is the Children’s Online Privacy Protection Rule (COPPA) which protects online information of children under 13. (15 U.S.C. §§ 6501-6506). It is regulated by the Federal Trade Commission.

https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title15-section6502&num=0&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGUxNS1zZWN0aW9uNjUwMQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim

When searching for a federal administrative law that impacted student confidentiality, I only kept coming across FERPA. A Texas administrative law that I found was Texas Education Code Section 39.030 and it was covering the privacy of student test scores (T.E.C. § 39.030).

https://codes.findlaw.com/tx/education-code/educ-sect-39-030/

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In 2002, the court case Owassa Independent School District No I-011 v Falvo decided that students grading their peers papers was not a violation of FERPA. The case was decided by the U.S. Supreme Court (Owasso Independent School Dist. No. I-011 v. Falva 534 U.S. 426, 2002).

https://supreme.justia.com/cases/federal/us/534/426/

-Falvo family claimed that peer graded papers was a violation of FERPA.

-Supreme Court upheld that peer graded papers were not academic records.

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The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects a student’s educational records. Parents have the right to have access to the records as well as the right to request certain information not be published (20 U.S.C. §1232g: 34 CFR Part 99). School counselors must decide if what they are sharing would be a violation of FERPA when working with other stakeholders or discussing a student. The law is regulated by the US Department of Education.

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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he La Vega Independent School District Student and Parent Handbook states that the school district may disclose a student’s directory information without consent. “However, a parent or student may object to the release of this information. Any objection must be made in writing to the principal within ten school days of the student’s first day of instruction of the school year” (La Vega ISD, 2023).

https://resources.finalsite.net/images/v1691605821/lavegaisdorg/clemv8d84stf3c1n2ycb/2023-2024-Student-Handbook-and-Code-of-Conduct-English.pdf

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Risk Management Steps for Confidentiality

-Hold a training for all staff to review FERPA and district procedures.

-Hold a more specialized training for office staff who would be helping parents/guardians with registration and any confidentiality paperwork.

-Review the registration process to ensure that confidentiality paperwork a parent might need to complete is easily accessible and clear to understand.

(10 Key Steps to FERPA Compliance, n.d.)

If the school violates a student’s legal right to privacy, the family has the right to file a complaint with the US Department of Education.

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The American School Counselor Association has published the ASCA Ethical Standards for School Counselors. It provides the obligations and standards for school counselors.

An ethical standard related to confidentiality is A.2.a which is to “promote awareness of school counselors’ ethical standards and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and information to school staff” (American School Counselor Association, 2022).

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

This standard supports the requirements of FERPA.

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When deciding to return to school, I knew I wanted to help children but I never thought of the balance between ethics and the law. The school counselor ethical standards guide my ethical decision making while ensuring I am abiding by the legal requirements. The ethical standards give me a why while the laws give me the what.

Instead of being overwhelmed with another set up rules I have to follow, the combination of ethical standards and laws help clarify expectations. As I am starting to see the light at the end of the educational tunnel, this helps me have a new lens to see the rest of my coursework with. It also gives me a sense of purpose I hope to take into the role of school counselor.

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·        The district and campuses must review the requirements and guidelines of FERPA.

·        The district administration should review registration paperwork to ensure proper consent forms are included in the packet.

·        Each campus should hold a training for school staff to review FERPA, campus and district procedures, and inform them of consequences of violating FERPA.

·        Each campus should hold a specialized training for office staff or any staff member who assists parents/guardians with registration legal paperwork.

·        Parents should be presented with confidentiality information yearly so they are aware of their rights and what steps they need to take to protect their child’s privacy.

·        If there is any doubt about whether an action would be a violation of confidentiality, a counselor or school administrator should be consulted.

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10 Key Steps to FERPA Compliance. (n.d.). Case IQ. https://www.caseiq.com/resources/ferpa-compliance-10-key-steps/

FindLaw.com - Texas Education Code - EDUC § 39.030. Confidentiality;  Performance Reports - last updated April 14, 2021 | https://codes.findlaw.com/tx/education-code/educ-sect-39-030/

Hapes, R. L., Heidick, V., & Littleton, C. (2024). Educational Approaches to FERPA Incident Response: College & University. College & University, 99(2), 59–62. https://eds.p.ebscohost.com/eds/pdfviewer/pdfviewer?vid=6&sid=0f2dcf0f-d518-45e1-8a05-66d1323a4b95%40redis

Legislature, T. (n.d.). Tex. Educ. Code § 32.151 – Definitions. Texas.public.law. Retrieved July 22, 2024, from https://texas.public.law/statutes/tex._educ._code_section_32.151

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). (n.d.). Justia Law. https://supreme.justia.com/cases/federal/us/534/426/

U.S. Department of Education. (2021). Family Educational Rights and Privacy Act (FERPA). U.S. Department of Education. http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html