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This reminds me to think about the rights of my students

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My perspective regarding student confidentiality aligns with the law. School counselors must protect the confidentiality of their students. This means that releasing a student's name without a parent's permission would be a violation of ethical standards. Posting a student's name in a newspaper without consent would violate this standard. The American School Counselor Association (ASCA) states that school counselors should keep student information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others. This is a clear standard and I think it should be followed as written. School counselors have a responsibility to maintain the confidentiality of records and encourage school administrators to develop written policies concerning the ethical and legal handling of all records in their school system. I chose this topic because school counselors support students to feel comfortable talking about their private or personal information when they need a safe space. They have a responsibility to protect the information established through building trusted relationships with students, parents, and others who confide in them. I value knowing I can make a difference in the lives of a student while guiding them in setting goals and determining what they want to achieve in their academic and personal life.

reference

(American School Counselor Association [ASCA], 2022)

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  Governing Agency Laws                                                                                                                        

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The legal agency that governs student confidentiality is the Family Educational Rights and Privacy Act (FERPA). The U.S. Department of Education enforces FERPA at the federal level. This protects the privacy of student education records and applies to all schools that receive funds from the U.S. Department of Education. The Family Policy Compliance Office (FPCO) within the Department of Education is responsible for overseeing and enforcing FERPA. They regulate educational institutions and investigate complaints associated with any FERPA complaints or violations. (U.S. Department of Education, 1974). Schools must comply with FERPA guidelines, ensuring the confidentiality of student records while allowing for specific exceptions, such as disclosure with consent, in emergencies, or when required by law. Understanding and observing FERPA guidelines is essential for educational institutions to protect student privacy and uphold compliance with federal law.

Link to U.S. Department of Education...

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

Link to TEA...

https://tea.texas.gov/

In Texas, the governing agency over student confidentiality is regulated by state laws and guidelines, with particular attention to the Texas Education Code (TEC). Although FERPA provides a federal framework for student privacy, the Texas Education Agency (TEA) manages and enforces state-specific guidelines. The Texas Education Agency (TEA) is the state agency in Texas responsible for overseeing public education. TEA monitors compliance with state and federal education laws and regulations. TEA develops and implements educational policies and plans for the state of Texas. The agency ensures that schools and districts adhere to legal requirements related to education, including civil rights and special education laws.

I have learned the primary function of The U.S. Department of Education (ED) is to make sure that American students have access to a good-quality education. They are involved in various programs and initiatives designed to improve educational outcomes and address educational disparities. The Department plays a role in determining and implementing education policies at the federal level, including curriculum standards, assessments, and accountability. I wasn’t aware of the Office for Civil Rights (OCR) which is responsible for enforcing civil rights laws in education to ensure that all students have equal access to educational opportunities regardless of race, color, national origin, sex, disability, or age (Office for Civil Rights [OCR], 2021).

Link to the Office for Civil Rights

https://www.hhs.gov/ocr/index.html

References McGee-Tubb, M. (2012). Deciphering the Supremacy of Federal Funding Conditions: Why State Open Records Laws Must Yield to Ferpa. Boston College Law Review, 53(3), 1045–1088

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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 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 and contributes to the basis of student confidentiality. While not a constitutional law, FERPA is a crucial federal statute that influences the handling of student information in educational institutions. The U.S. Constitution, specifically the Fourteenth Amendment, plays an important part in shaping the legal context associated with student confidentiality and privacy. The Fourteenth Amendment was established in 1868 and includes several clauses that are related to this context. Two clauses within the amendment are significant to the Equal Protection Clause and the Due Process Clause (U.S. Const. amend. XIV, § 1). Under the Equal Protection Law, "No State shall deny to any person within its jurisdiction the equal protection of the laws" and the Equal Protection Clause prohibits states from discriminating against individuals and ensures that all people are treated equally under the law. In the context of student confidentiality, this clause emphasizes the importance of treating students equally particularly concerning the privacy of their educational records. The Due Process Clause ensures that individuals are afforded fair and lawful procedures before being deprived of certain rights. In the context of student confidentiality, it stresses the need for schools and educational institutions to follow established procedures when handling and disclosing student records.The connection between the Fourteenth Amendment and student confidentiality can be seen through the legal framework established by federal laws such as the Family Educational Rights and Privacy Act (FERPA). FERPA is designed to protect the privacy of student records and certifies that students and their parents have rights regarding the release of their educational information. The Fourteenth Amendment, with its Equal Protection and Due Process Clauses, serves as a constitutional framework that influences the development of laws associated with student confidentiality, emphasizing the values of equal and fair treatment and due process concerning educational records. School administrators and personnel must balance the need to maintain a safe and secure educational environment with the student’s constitutional rights to privacy. The Fourth Amendment impacts student confidentiality by protecting students from unreasonable searches and seizures conducted by school officials or law enforcement within the school environment. Searches of students or their possessions on school grounds must be based on reasonable suspicion. There must be factual evidence that leads school officials to believe a student has violated a school rule or law (Hwang, T. 1998).

School counselors frequently deal with legal problems connected to student privacy, child abuse, and access to opportunities and support. Confidentiality can be a complex legal issue when counseling minors (Lawrence & Kurpius, 2000). It is the ethical and legal term ascribed to the information communicated within the counseling relationship, and it must be maintained unless keeping that information confidential leads to foreseeable harm. (ASCA 2022). Confidentiality ensures that school counselors won’t share students’ personal information with others except when a parent gives permission or when there is a present danger to that student.

Reference

Lawrence, G., & Kurpius, S. E. (2000). Legal and ethical issues involved when counseling minors in nonschool settings. Journal of Counseling and Development, 78, 130-136

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Slide #4 One Statue and One Administrative Law

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Slide #4 One Statue and One Administrative Law

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A Federal Statute/Administrative Law

The Privacy Act of 1974, commonly referred to as the Fair Information Practice Principles (FIPPs), (FPC, 2016) is a federal law in the United States that regulates the collection, use, and disclosure of personal information maintained by federal agencies (Privacy Act of 1974). It was enacted to maintain the privacy of individuals and ensure the accuracy and relevance of records held by federal agencies. People have the right to access their records and request modifications if they believe the information is inaccurate or incomplete and seek legal recourse if their privacy rights are violated. Under this Act, people must be informed about why their information is being collected, how it will be used, and whether it is mandatory or voluntary. Agencies are usually regulated in how they can use and disclose personal information, limiting it to the reasons why it was collected. It is important to note that agencies are required to establish appropriate administrative, technical, and physical precautions to protect the security of personal information. The Privacy Act applies to federal agencies and covers U.S. citizens and permanent residents. It does not apply to state or local government records, private sector records, or records held by foreign governments.

One Administrative Law

The Texas Education Code is a comprehensive set of state laws that govern education in Texas, covering various aspects such as school organization, student attendance, curriculum, and more. According to the Texas Education Code (Ch. 26, § 26.004), parents have the right to access all written records of a school district concerning their child’s test scores, grades; disciplinary records; counseling records; psychological records; applications for admission; health and immunization information; teacher and school counselor evaluations; reports of behavioral patterns; and records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child. This code establishes the rights of parents or guardians to access their child's records and sets limitations on the disclosure of certain information without parental consent.

Violating the Texas Education Code, such as Chapter 26, Section 26.004, which addresses the release of student records, can lead to consequences such as loss of accreditation for schools or certifications for educators, financial penalties, or legal actions that might affect the institution's standing in the community and with stakeholders.

Link to Texas Education Code, such as Chapter 26, Section 26.004

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

A list of legal requriments relating to student confidentiality...

·         Access to Records (Ch. 26, § 26.004) -Defines the rights of parents and eligible students (18 years or older) to access and review educational records.

·         Release of Records Without Consent (Ch. 26, § 26.004)- Specifies conditions under which educational records may be released without consent, such as health and safety emergencies.

·         Directory Information (Ch. 26, § 26.004)- Addresses the disclosure of directory information and the rights of parents or eligible students to opt out of such disclosures.

·         Policies on Records Access (Ch. 26, § 26.004)- Requires school districts to establish policies regarding access to and disclosure of educational records.

·         Special Education Records (Ch. 29, § 29.004)- Specifies the confidentiality requirements related to special education records.

·         Testing- (Sec. 39.030) makes a student’s test scores confidential. They may be released only as permitted by FERPA.

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Case law or common law is the basis for precedent, the idea that previously decided cases are seen as examples, or guiding authorities, for judges’ decisions in later cases with similar questions of law (TMCEC, 1984). It refers to the body of the law created by judicial decisions in individual legal cases. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly (Cornell Law School) Because the courts are always hearing new cases and interpreting the law, case law is constantly evolving.

One significant court case that had an impact on student confidentiality under the Family Educational Rights and Privacy Act (FERPA) is "Doe v. Gonzaga University" (2002). The case involved a student who alleged that a Gonzaga University official released information to a potential employer without his consent. Mr. Doe sued Gonzaga under Section 1983, arguing that Section 1983 enabled him to sue because of the violation of his federal rights. Even though FERPA establishes rights to privacy for students it doesn't specify what resort there is if those rights are violated. The Court ruled in favor of the University based on a technicality: that FERPA doesn't have "rights-creating" language and consequently, John Doe did not have a liable case. This ruling redefined when people can go to court to impose their rights under federal laws. Even though the University had done something unlawful, the Court ruled that it couldn't be held liable for its violations. The Court's decision revealed that FERPA does not provide an illegal right for people to sue educational institutions for damages. Instead, the enforcement of FERPA primarily rests with the U.S. Department of Education.

Link to case

Doe v. Gonzaga University, 536 U.S. 273 (2002). https://supreme.justia.com/cases/federal/us/536/273/#:~:text=Gonzaga%20Univ.-,v,%2C%20536%20U.S.%20273%20(2002).

Link to the full text of case laws in Texas...

https://guides.sll.texas.gov/case-law-research/case-law-research-online

Legal requirements for a case law decision refer to the basics and standards that must be satisfied for the decision to be considered legally binding. These requirements help ensure fairness and consistency. According to Cornell Law School's Legal Information Institute, some important concepts and legal requirements that are related to case law are:

·         Jurisdiction- Power or authority of a court to adjudicate cases and issue orders; or Territory within which a court or government agency may properly exercise its power.

·         Precedent- Each legal decision contributes to the progress of legal values and interpretations. When a court decides a case, its reasoning and decision become an example that can be considered in future cases with similar legal issues.

·         Opinions- The court often issues written opinions that express the legal basis for the decision. These opinions contribute to legal precedent and guide future cases.

·         Appeal- An appeal is a challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination

·         Due Process- The parties must have an opportunity to be heard and present their case. Courts must adhere to due process requirements to ensure fair treatment and protect individuals' constitutional rights.

·         Public Policy- Courts may consider public policy suggestions when making judgments. A court's decision should support broader legal principles and social values.

·         Enforceability- The court's decision should be enforceable, meaning that there should be a mechanism in place to ensure compliance with the court's orders or judgments.

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Slide #6 A federal regulation or mandate that align

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Slide #6 A federal regulation or mandate that align

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The American School Counselor Association provides regulations and ethical standards for school counselors. According to guidelines from The American School Counselor Association (ASCA) (2022), School counselors keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others. The ASCA Ethical Standards for School Counselors impact how school counselors handle confidentiality within the framework of FERPA. School counselors are required to comply with both the ethical standards set by the ASCA and the legal requirements outlined in FERPA to ensure the appropriate handling of student information.

(The American School Counselor Association, 2022 )

School counselors are expected to integrate the ASCA ethical standards and regulations into their daily practice. The impact of these standards will allow me to create a comprehensive counseling program that will promote advocacy for students, community members, and leadership in the school community. This includes fostering a positive school culture and addressing the individual needs of students to help them succeed academically, socially, and personally.

Link to ethical standards...

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

List of legal requirements...

Professional Responsibility- School counselors are expected to maintain high standards of professional conduct and actively engage in ongoing professional development.

Confidentiality- School counselors are committed to protecting the confidentiality of information shared by students and their families, except when there is a threat to the student's well-being or the well-being of others.

Cultural Competence School counselors are encouraged to respect and embrace diversity, considering the cultural context of each student.

Student Advocacy- School counselors are advocates for the academic, personal, social, and career development of all students.

Professional Collaboration-School counselors collaborate with other professionals to promote student success.

Competence- School counselors are expected to demonstrate competence in their roles, continually enhancing their skills and knowledge.

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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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The Texas Education Code (Tex. Educ. Code § 32.151 et seq., 2017) addresses student confidentiality under Subchapter D Student Information, section 32.151.  The definitions given are

(1)  "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format that is not publicly available and is:

(A)  created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's website, online service, online application, or mobile application for a school purpose;

(B)  created by or provided to an operator by an employee of a school district or school campus for a school purpose; or

(C)  gathered by an operator through the operation of the operator's website, online service, online application, or mobile application for a school purpose and personally identifies a student, including the student's educational record, electronic mail, first and last name, home address, telephone number, electronic mail address, information that allows physical or online contact, discipline records, test results, special education data, juvenile delinquency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, student identifiers, search activity, photograph, voice recordings, or geolocation information.

Link to policy

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

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Slide #8 Three risk management strategies related to student confidently 

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Slide #8 Three risk management strategies related to student confidently 

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Risk management is important for school counselors to ensure the confidentiality and well-being of students. Some strategies a school counselor should consider regarding student confidentiality is

1. To regularly review and be informed on federal, state, and local laws, as well as ethical guidelines (such as ASCA's Code of Ethics) related to student confidentiality. This allows counselors to make informed decisions and follow necessary procedures to protect their students. Sec. 33.006 of The Texas Education Code lists the primary responsibility of a school counselor and should be followed when counseling students to fully develop their academic, career, personal, and social abilities.

2. To collaborate with teachers, administrators, and other school staff in promoting an environment of privacy and confidentiality regarding the well-being of all students (ASCA, 2022). The American School Counselor Association states school counselors also work collaboratively with other educators to remove systemic barriers for all students and implement specific learning supports that assist in academic and behavioral success. Students need to trust the school counselor to have meaningful and honest discussions with them. Relationships that are developed between school counselors and others in the interest of students create a school culture that promotes student success, and advocacy, and reinforces the mission of the school counseling program.

3. Attending regular professional development sessions to stay informed about best practices in maintaining student confidentiality and managing potential risks. It is important to set specific goals and then determine what you want to learn from attending sessions. It could be to obtain new counseling methods such as dealing with bullying, mental health, trauma, and grief or ways to improve my leadership skills (Texas School Counselor Association [TSCA], 2022). Setting specific goals will help me focus my attention on what I need to improve on in my position.

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Slide #11 Bulleted list of Recommendations / Best Practices for Compliance:

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Slide #11 Bulleted list of Recommendations / Best Practices for Compliance:

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Some best practices for school counselors should include,

·         Effectively collaborating with teachers, administrators, parents, and community members to create a comprehensive supportive environment for students. Working collaboratively allows for joint support and ensures that students' academic, social, and emotional needs are considered in school policies and decision-making. Counselors can tailor interventions and support services to meet the exact needs of each student.

·         understanding and adhering to ethical guidelines provided by professional organizations, such as the American School Counselor Association (ASCA) Code of Ethics. The Code of Ethics establishes clear boundaries for professional behavior. This is essential for maintaining appropriate relationships with students, parents, and staff reducing the threat of ethical violations.

·         maintain the confidentiality of student information while identifying the legal and ethical exceptions that may require disclosure in situations of possible harm.

·         Engaging in community activities to connect and collaborate with public organizations to enhance support services for students and their communities. Counselors purposefully approach community engagement to form partnerships and work with others for the personal development and early intervention of students.

·         Frequent attending professional development training to stay informed about current practices, changes in laws or regulations, or counseling techniques. Counselors should stay informed about any updates to legal and ethical standards, ensuring they remain in compliance and can adjust their practices accordingly.

·         Regularly evaluating and assessing the effectiveness of our counseling program and interventions then using the data to measure the impact of interventions on student outcomes. The data results can also be used to make the necessary adjustments to strive for a comprehensive school program.

·         Maintaining accurate and secure records of student information under legal and ethical standards. Student records provide valuable information regarding academic, personal, social, and emotional needs. Keeping up with these records allows counselors to offer specific guidance and helps counselors in designing targeted interventions to support their development.

·         Being responsive to the immediate needs of students, providing timely and appropriate interventions when necessary. This allows counselors to address serious situations promptly, ensuring the safety of every student and it demonstrates a commitment to student well-being, fostering a supportive school environment.

·         Individual and Group Counseling: Offer both individual and group counseling services to address the diverse needs of students and promote social-emotional development.

·         Fostering positive relationships with parents and collaborating with them to gain a deeper understanding of the student's situation, supporting more targeted and personalized support. Parents are more aware of their child's interests and challenges. School counselors can benefit from understanding the circumstances within the home environment to better tailor their interventions. This collaboration builds trust between school counselors and parents and ensures a more comprehensive approach to addressing the academic, personal, and social needs of students.

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Slide #10 Personal Connection to the Legal and Ethical Standards

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Slide #10 Personal Connection to the Legal and Ethical Standards

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It is important for me to develop a personal connection to the legal standards before becoming a school counselor. I needed to gain a deep understanding of the laws and guidelines that govern the profession before I began working with students. Understanding how The US Department of Education functions and oversees the educational practices of The Texas Education Agency, will guide me as I become familiar with the Texas Administrative Codes of Ethics.

I’ve learned to regularly engage in reflective practice, considering how legal standards will impact my day-to-day work. Reflecting on my decisions helps me internalize the connection between personal practice and legal standards. These codes provide a framework for ethical conduct and legal compliance so it is imperative to stay updated on changes to laws and regulations related to education, and student rights. Legal standards can change, and continuing training ensures that school counselors are aware of any updates that may impact their practice and meet their educational goals.

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Ethical Principles (adhering to student confidentiality)  

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In Texas, school counselors are normally guided by the ethical standards outlined by the American School Counselor Association (ASCA). Section A. 2. states school counselors 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 (American School Counselor Association (ASCA) (2022). It is also noted that school counselors keep the information confidential unless legal requirements request it to be revealed because it is required to prevent serious harm to the student or others. The ASCA outlines the routines and practices of school counselors that impact how they approach confidentiality.

This is connected to the decisions I will need to make when using professional judgments to determine when it is necessary to share information with other school leaders. School counselors obtain informed consent from parents or guardians regarding the limitations of confidentiality. This includes clarifying under what circumstances information may be shared with other school staff or administrators. The standards emphasize the importance of maintaining confidentiality except when students are at risk of harm to themselves or others. My judgment will be guided by ethical principles, legal requirements, and the best interests of the student.

It conveys the primary obligation school counselors should take to ensure they are providing effective and ethical support to their students, their families, and staff. The Texas Education Agency (TEA) may provide additional guidance or regulations related to the position of school counselors. School districts in Texas may have additional ethical policies aligned with state and federal laws.

Link to code of ethics

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

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References

American School Counselor Association. (2022). The school counselor and confidentiality. Alexandria, VA: Author.

Cornell Law School (n.d.). Case Law. Legal Information

Institute. https://www.law.cornell.edu/wex/case_law#:~:text=Case%20law%20is%20law%20that,and%20regulations%20are%20written%20abstractly.

Doe v. Gonzaga University, 536 U.S. 273 (2002).

https://supreme.justia.com/cases/federal/us/536/273/#:~:text=Gonzaga%20Univ.- ,v,%2C%20536%20U.S.%20273%20(2002).

FPC (2016, February 9). Fair Information Practice Principles (FIPPs). The Federal Privacy Council.  https://www.fpc.gov/resources/fipps/

Hwang, T. (1998). Search And Seizure You have the right to privacy – even at school. National Youth

Rights Association. https://www.youthrights.org/issues/student-rights/search-and-seizure/#:~:text=The%20Fourth%20Amendment%20of%20 the,or%20take%20them%20away%20from

Rehabilitation Act of 1973, 29 U.S.C. § 794 (1973)

Texas Education Agency. (Year). Title of the Webpage. Retrieved from https://www.tea.texas.gov/

Texas Education Code. (2021). Chapter 26, § 26.004

Texas Education Code. (2017)  Title 2. § 32.151 et seq.

TMCEC (1984). Case Law. Texas Municipal Courts Education Center.      https://www.tmcec.com/programs/judges/case_law/

U.S. Const. amend. XIV, § 1

U.S. Department of Education. (2009). Family educational rights and privacy act (FERPA). Retrieved from http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Education. (2011). Protecting students with disabilities: frequently asked questions about section 504 and the education of children with disabilities (Ed.gov. publication). https://www2.ed.gov/print/about/offices/list/ocr/504faq.html

USDOE (2023, March 1). An Eligible Student Guide to the Family Educational Rights and Privacy Act (FERPA). U.S. DEPARTMENT OF EDUCATION. https://studentprivacy.ed.gov/resources/eligible-student-guide-family-educational-rights-and-privacy-act-ferpa