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As a future middle school counselor, my professional perspective centers around creating a safe and supportive environment where students can succeed academically, socially, and emotionally. I want to build trust with students, ensuring confidentiality in our interactions.

The audience for my Legal Guide consists of middle school staff, including teachers, administrators, and fellow counselors. Given the collaborative nature of our work and the shared responsibility for student welfare, all school personnel must understand the legal and ethical considerations surrounding confidentiality and mandated reporting.

I chose this topic because it directly impacts the daily practices and decision-making processes of school counselors and other staff members.

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Texas Education Agency (TEA): In Texas, the Texas Education Agency (TEA) oversees public education and establishes rules and regulations for school operations, including guidelines for school counseling programs. TEA may develop policies regarding student confidentiality in schools, ensuring adherence to laws like the Family Educational Rights and Privacy Act (Texas Education Agency, 2021).

U. S. Department of Education: The United States Department of Education (USDE) governs confidentiality in school counseling nationwide, including in Texas. It provides guidance and regulations regarding student privacy and compliance with laws such as FERPA. School counselors in Texas and across the country must follow USDE regulations while also following professional ethical standards (U.S. Department of Education, 2019).

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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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U.S. Constitutional Law: The United States Constitution's Fourteenth Amendment safeguards individual privacy rights, such as confidentiality. It is crucial for school counselors to honor these rights when handling student information. By prioritizing confidentiality, counselors show respect for students' privacy and create trust. Breaching this confidentiality could result in legal consequences under the Fourteenth Amendment, potentially violating individuals' right to privacy (U.S. Const. Amend. XIV)

The 14th Amendment, added to the Constitution in 1868, ensures everyone gets treated fairly.

It stops states from treating people differently because of who they are.

This amendment also says states can't take away someone's life, freedom, or things they own without a fair process.

It means everyone should have the same rights and treatment, no matter their race, where they're from, or if they're a man or a woman.

Courts use this amendment to make sure laws treat everyone equally.

U.S. Const. Amend. XIV.

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State Law: In the Texas Constitution, Article 1, Section 9, focuses mainly on preventing unfair searches and seizures. It also highlights the value of privacy rights. As a middle school counselor, this part stresses how important it is to keep students' information private. It implies that everyone deserves privacy in their personal issues, such as conversations and details shared with counselors. Thus, it is essential to handle any information shared by students with carefully, ensuring their right to privacy (Texas Const. art. I, § 9).

Texas Constitution Article I, Section 9 protects people's privacy and property.

It says authorities can't search or take stuff without a good reason and a warrant.

They must describe what they're looking for and have a good reason, supported by an oath.

This law aims to protect privacy and prevent unfair government searches.

Tex Const. art. I, § 9.

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Federal statute: Family Educational Rights and Privacy Act (FERPA) - FERPA protects student education records, like counseling files, from unauthorized disclosure. Breaking FERPA rules can mean losing federal funds, facing legal action, and harming trust between students, parents, and the school (Family Educational Rights and Privacy Act, 1974).

FERPA stands for the Family Educational Rights and Privacy Act.

It protects the privacy of student education records.

Schools must have written permission to share these records.

Parents and eligible students have the right to access and request changes to these records.

Schools must inform parents and students about their FERPA rights annually.

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974)

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Federal administrative law: HIPAA Privacy Rule - while mainly for healthcare, the HIPAA Privacy Rule also affects school counselors offering mental health services in specific school environments. Breaking HIPAA rules can result in hefty fines, legal trouble, and harm to the counselor's professional image (Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, 2000).

HIPAA stands for the Health Insurance Portability and Accountability Act.

It sets national standards for the protection of patients' medical records and personal health information.

Covered entities, including healthcare providers and insurance companies, must safeguard this information.

Patients have the right to access their own medical records and request corrections.

HIPAA violations can result in fines and other penalties.

Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, 45 C.F.R. § 160.103 (2000)

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Jaffee v. Redmond (1996) - In this specific instance, the Supreme Court of the United States ruled that conversations between a licensed therapist, which may includes school counselors, and their clients are safeguarded by privilege.

The verdict in the Jaffee v. Redmond case led to the establishment of the therapist-client privilege, showing the significance of confidentiality in therapeutic interactions.

This legal precedent has a profound impact on confidentiality in the school counseling setting by reinforcing the legal safeguarding of student-counselor conversations. It reinforces the responsibility of counselors to uphold the privacy and confidentiality of students, fostering an environment of trust in the counseling process (Jaffee v. Redmond, 1996).

Jaffee v. Redmond, a 1996 Supreme Court case, established therapist-patient privilege.

It protects confidential talks between therapists and clients.

Originating from a police officer's counseling after a shooting, it upheld confidentiality in therapy.

The ruling prevents forced disclosure of these discussions in federal court.

This privilege fosters open communication in therapy for better treatment.

Jaffee v. Redmond, 518 U.S. 1 (1996). https://www.oyez.org/cases/1995/95-266

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Texas Regulation: The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law (Texas Administrative Code, Title 19, Pt. 2, Ch. 247.2, 3.1, 2018).

This provision mandates Texas school counselors to maintain student confidentiality except when disclosure serves lawful professional purposes or is required by law. Adherence to this regulation ensures trust and privacy for students seeking support while also guiding counselors in responsible information handling.

Texas Administrative Code, Title 19, Pt. 2, Ch. 247.2 outlines ethical conduct toward students.

Standard 3.1 emphasizes the importance of safeguarding student confidentiality.

It prohibits revealing confidential student information without lawful professional purposes or legal requirements.

Adhering to these standards is essential for maintaining trust and confidentiality in student-counselor interactions.

19 Tex. Admin. Code § 247.

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Wichita Falls ISD, FL-Student Records, 122 -  The policy outlines what constitutes education records and specifies exceptions to what is considered confidential information. This policy serves to help counselors understand what records are confidential and how to properly release these records if needed (Wichita Falls ISD, 2023).

This local policy is based on FERPA (federal statute).

Record Keeping: The Superintendent must create and maintain a secure system for student records.

Student Records: Each student has a record from enrollment to graduation, moving with them between schools.

Record Custodians: Principals and the Superintendent are responsible for keeping student records.

Types of Records: Various records, like test scores and health information, must be kept.

Parent Access: Parents can view their child's records during school hours and request copies.

Access for Officials: School officials with a genuine educational interest can access records.

Transcripts and Transfers: The District handles transcripts for transfers and sends records to new schools.

Special Education Records: The special education director ensures confidentiality of these records.

Amending Records: Parents can request changes and have the right to a hearing if denied.

Directory Information: Certain student details can be designated as directory information.

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As a school counselor, keeping student information confidential is crucial. To minimize legal or ethical risks, several steps can be taken:

Obtaining proper consent before sharing any student information. This means seeking permission from both the student (if they are of age) and their guardians before disclosing any confidential details.

Maintaining accurate and secure records is essential for school counselors.  We must make sure student information is stored in a safe and confidential manner, ensuring that only authorized personnel have access to these records. This step helps in preventing unauthorized disclosure of sensitive data.

Regular training on confidentiality laws and ethical guidelines is essential.  School counselors should stay informed about the latest legal regulations and professional standards governing confidentiality practices.

Establishing clear protocols for handling confidential information is vital. Having well-defined procedures in place ensures consistency in how data is managed and shared. This minimizes the risk of errors or misunderstandings that could lead to legal repercussions.

Maintaining confidentiality involves proactive risk management to protect students' privacy. By following protocols, staying informed, and obtaining consent, counselors can navigate potential legal and ethical challenges while ensuring a safe environment for students.

(American School Counselor Association, 2022)

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974)

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The American School Counselor Association (ASCA) Ethical Standards for School Counselors outline guidelines for maintaining confidentiality and mandated reporting in school counseling.

Section A.3 covers confidentiality and covers how school counselors play a crucial role in maintaining confidentiality by promoting awareness of ethical standards and legal mandates related to confidentiality. They inform students about counseling procedures, including the limits of confidentiality, and strive to obtain informed consent. Counselors keep information confidential unless legally required to disclose it or to prevent harm to the student or others. They protect student records and personal data in accordance with federal and state laws, and advocate for appropriate safeguards to ensure the confidentiality of sensitive information (American School Counselor Association, 2022).

Ethical decision-making strategies for maintaining confidentiality as a school counselor should align with the American School Counselor Association (ASCA) Code of Ethics (American School Counselor Association, 2022).

Respect confidentiality: Keep student information private unless there's a clear and immediate threat to the student or others.

Get consent: Before sharing confidential info, make sure students and guardians understand why, and the risks and benefits.

Seek advice: When unsure about confidentiality, talk to other in your field or your administrators to follow ethical and legal rules.

Record carefully: Keep accurate and safe records of private info, limiting access to authorized people.

Implementing these strategies ensures that school counselors adhere to ethical principles while maintaining confidentiality. Failure to follow these guidelines may lead to breaches of trust, legal repercussions, and harm to students' well-being.

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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As a middle school teacher working towards my goal of becoming a school counselor, I have come to recognize the importance of following legal and ethical guidelines, particularly when it comes to confidentiality. Learning about regulations like FERPA, HIPAA, and notable court cases like Jaffee v. Redmond has provided me with insights into how these rules are put into practice in educational environments. This knowledge of the legal and ethical guidelines has made me more aware of the importance of preserving confidentiality.

Understanding the legal and ethical standards surrounding confidentiality has made me realize my role and responsibility to protect students' privacy rights. Knowing the implications of the legal and ethical standards has motivated me to continue further education and training as I work on my degree in counseling and beyond. I want to be a counselor who works to make sure that I am following legal and ethical guidelines while prioritizing the well-being and confidentiality of students.

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Stay informed about federal and state laws as well as regulations and polices to ensure confidentiality compliance.

Understand how court cases like Jaffee v. Redmond set legal precedents and how they impact confidentiality.

Develop and implement school policies and procedures that adhere to legal and ethical standards to protect students' privacy rights.

Provide ongoing training and professional development for educators and staff to ensure they are aware of their legal and ethical responsibilities regarding confidentiality.

Establish clear protocols for managing confidential information, covering data storage, access permissions, and procedures regarding student records.

Regularly review and update school counseling practices to incorporate changes in laws and regulations concerning confidentiality.

Collaborate with school administrators, counselors, and other stakeholders to foster a culture of confidentiality that prioritizes student well-being and privacy.

Seek advice from legal counsel or professional organizations when unsure about legal requirements or ethical dilemmas related to confidentiality maintenance.