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Confidentiality is an issue deeply ingrained within in the roles and responsibilities of a professional school counselor. The need to break confidentiality is my topic of choice due to the complexity of the issue and need for personal and professional judgement and discretion.

Information presented on this topic would be beneficial to counselors as well as many others in the field of education such as administrators and teachers as well as parents/guardians.

As a current special education teacher and case manager, the issue of confidentiality presents itself regularly. I routinely deal students who lack or have limited social/emotional skills or suffer from mental health issues.
As a case manager, checking in with these students regularly, I am often put in a position of having to share things shared with me by a student or reported by a teacher.
As an aspiring school counselor, I interact with students and work to build their trust and confidence. On occasion, I am made aware of a situation which may be concerning and feel obligated to share the information with a parent/guardian or counselor.

Confidentiality in either of the roles which I currently occupy or hope to soon move into, is a vital component.

I

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All Texas educators, counselors included, follow regulations and statutes created and enforced by the Texas Education Agency. The Texas Education Agency follows federal laws regulations created by the US Department of Education and receive funding which is allocated to school districts. State Education agencies who are noncompliant with federal regulations face sanctions, disciplinary actions and the possibility of losing funding.

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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 which permits parents or guardians to review their child’s educational records. Although the information shared with counselors is generally confidential, parents have the right to review records of counseling sessions.

·         Parents have the right to review their child’s records.

·         Parents have the right to request corrections for school records they believe to have errors.

·         Schools must have written permission prior to releasing a student’s information to anyone other than a parent/legal guardian.

The State of Texas, like most other states, has legislation in place which requires educators to be mandated reporters. According to Section 261.101 of the Texas Family Code,

Certain individuals are legally obligated to report suspected or known cases of abuse or neglect of children.

·         The report may be made to any local or state law enforcement agency or to the Department of Family and Protective Services.

·         A reporter acting “in good faith” is immune from civil or criminal liability

·         People licensed by the state are required to make the report within 48 hours.

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Administrative Law
School districts are required to have policies for reporting child abuse and neglect which follow the requirements outlined in the Texas Family

Texas STATE BOARD OF EDUCATION RULES

§61.EE

Statute- Sec. 26.008.  RIGHT TO FULL INFORMATION CONCERNING STUDENT.

Parents are entitled to information about any school activities their child participates in.

This statute includes an exception in which it is not applicable if the information is pertaining to investigation into the abuse or neglect of a child. Parents do not have to be informed of ongoing investigations or interviews in cases where child abuse is suspected.

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Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)
This case was brought to the Supreme Court after a parent filed suit against the school district after complaints that her child was embarrassed by having peers grade each other's papers in class and claimed that this violated FERPA. The courts held that peer grading does not violate FERPA. Pp. 430-436.

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Public Law 112-278, amending Section 444 of 20 U.S.C. 12329 (FERPA).

A school may release a child’s education records to child welfare agencies without a parent’s prior written consent. This exception includes all children placed in foster care by a state or local agency that is entitled to access a child’s case plan and is legally responsible for the child’s care and protection. These child welfare agencies must ensure children are enrolled in school, their school placements are

stable, and children who change schools are promptly enrolled elsewhere with all their school records.

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Pasadena ISD Board Policy-FFG — Student Welfare: Child Abuse and Neglect- confidentiality section A

The Pasadena ISD Board implements a policy taken from the department of family and protective services regarding students meeting with DFPS representatives at a campus.

During an investigation by the Department of Family and Protective Services, the following documents are exempt from standard requirements to be released to parents/guardians, unless specified by the DFPS.

·         Photographs

·         Audio recordings

·         Video Recordings

·         Depiction or Documentation of a child.

Policy Code FFG – Student Welfare: Child Abuse and Neglect – Pasadena ISD Board Policy Manual - Policy Online (tasb.org)

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1) Districts should create and regularly review/update a policy on handling requests for information and reporting suspected abuse/neglect.

2) Districts should provide regular training on the issue to staff.

3) Districts should ensure that all campuses have procedures and systems in place to protect information.

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“Recognize their primary ethical obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives. School counselors understand the need to balance students’ ethical rights to make choices, their capacity to give consent or assent, and parental or familial legal rights and responsibilities to make decisions on their child’s behalf.”

Section A2-g of the American School Counselor’s Ethical Standards focuses on the counselor’s need to balance the obligation to keep student information confidential with the parent’s legal right to information regarding their child. (ASCA 2022) Counselors must analyze situations and use personal discretion when sharing information, keeping the safety and wellbeing at the forefront of decision making as well as remaining in compliance with federal and state regulations.

Counseling students requires building relationships and trust which requires keeping information shared by a student private. However, as an adult and an educator, a counselor is obligated to report anything which may be a threat to the safety of a student and

ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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As a teacher and an aspiring school counselor, maintaining student confidentiality and reporting abuse or neglect are  requirements which I have to ensure that I am in compliance with at all times. I make an effort to follow all requirements and ethics of my profession.

My role as an aspiring school counselor bettered my understanding of the laws related to confidentiality of student information due to the understanding of the roles and responsibilities of a school counselor.

Counselors are advocates to students and are tasked with doing what is in the best interest of a child. Understanding when a break in confidentiality is required due to a student being in danger is vital to counseling. Knowing this, helps with understanding the application of the laws related to my topic.

As a counselor, having the opportunity to interact with students on a personal level and being trusted with personal information, is a large part of the role. In preparation to become a counselor, I have become familiar with the requirements to inform students of the limits confidentiality in counseling. This understanding provides a background for the application of this topic.

In preparation for a career in counseling, I have gained an understanding of the collaboration with other parties which is necessary to ensure the safety and wellbeing of students. Providing information to parents and working with state agencies to report suspected abuse or neglect.

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Recommendations / Best Practices for Compliance

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Recommendations / Best Practices for Compliance

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·         It is imperative that campuses maintain accurate records of student information, note and regularly update information regarding custody/guardianship. In order to remain in compliance, campus staff must be aware of people who authorized to obtain student records so that information is not shared with any person who is not authorized to receive it.

·         Districts will need to provide trainings and professional development focused on procedures for reporting suspected abuse or neglect.

·         Districts should implement a policies and processes for parent/guardian requests for information and limit personnel able to provide information.

·         Districts should implement a system which limit information shared electronically and guide the manner in which information is shared (limited use of full names, usage of ID numbers instead of names…)

·         Campuses will need to ensure that records are stored properly and require documented verification for anyone who accesses student information (including purpose for accessing information).

·         Districts should designate a representative or hire a 3rd party to perform regular district/campus audits to ensure that procedures are being followed.

·         Districts should create an advisory board which meets regularly to discuss any updates or additions to related state and/or federal regulations related to this issue.