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My professional perspective is working as a kindergarten teacher for fifteen years, and now a graduate student. Upon the completion of my Masters of Education in Guidance and Counseling, I hope to become the school counselor at my elementary school.

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Legal and Ethical Issue of Interest to Me-

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Legal and Ethical Issue of Interest to Me-

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After exploring the legal and ethical issues in the field of school counseling, I am most interested in exploring student confidentiality and privacy. This interests me because as a school counselor, it is imperative that I know the rules, guidelines and best practices for ensuring that student confidentiality and privacy is maintained at all times.

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Exploration Option 1 - Top 5 According to a Current Professional

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Exploration Option 1 - Top 5 According to a Current Professional

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I talked with the current school counselor at Groesbeck Elementary, Christa Stanley, about current legal and ethical issues impacting her role.

#1 The confidentiality agreement between the counselor and the student is extremely important, but can become complicated when dealing with minors.  There is a struggle with maintaining student confidentiality and respecting the rights of a parent to know what is going on with their child.

#2 In regards to confidentiality, maintaining records and understanding the difference between case notes and educational records is important.  Case notes are personal notes/observations and would not necessarily be subpoenaed by a court of law as long as the requirements are followed.  They do not have to be included in the student's academic profile as a school record.

#3 School safety is a major concern due to all of the school violence over the last several years.  Having a strong safety plan was a big priority this year, as our school has not had one in place to date.  Staff has now been properly trained and several drills have occurred to ensure understanding.

#4  Keeping personal biases and beliefs separate from the work environment, especially when working with students.  Mrs. Stanley tries to always present a well rounded view of the situation and the different options to the student regardless of where she  personally may stand on the issue.

#5  Making the decision to call Child Protective Service (CPS) can be a stressful one, and it is not always clear. Abuse, neglect, suicidal threats or threats to other are clear cut examples for calling CPS, but some situations and dilemmas are not as clear. The school counselor must use their best judgement based on what they have heard, and er on the side of the child when in doubt. This can lead a counselor to experience some doubt in their decisions from time to time.

(C. Stanley, personal communication, January 17, 2019)

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National School Boards Association (NSBA) Advocacy

Reviewing the NSBA website, I noticed some discussion about  student data privacy and the need for teachers and all school staff to receive training on how to protect student privacy and school records while using student data to drive instruction.  NSBA asserts that additional privacy standards and educator training should be addressed when Congress makes changes to Family Educational Rights and Privacy Act (FERPA) this year.

NSBA was following the Perkins Career and Technical Education Act (CTE).  This proposed legislation would better prepare students to enter the workforce with the necessary skill sets and experiences to be successful.

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American School Counselor Association (ASCA) Legal & Ethical issues.

Reviewing the ASCA website, I noticed a major focus on the Elementary and Secondary School Counseling Act.  This legislation would provide the necessary funding through a grant program to enable states to reduce the ratio of students to school counselors, school psychologists and school social workers,

ASCA was also closely following the Every Student Succeeds Act (ESSA) which has replaced No Child Left Behind (NCLB).  The focus of ESSA is to provide funding for schools to improve the overall school environment, provide a well rounded academic experience for every student, and to increase student access to technology in order to develop strong digital literacy.

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When searching the internet on confidentiality and privacy, the American School Counselor Association (ASCA) released a document regarding the balance of student confidentiality and the guardian's rights to be informed and directly involved in their child's life.
https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Confidentiality.pdf

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In my search of the Angelo State University Library, I found an article discussing confidentiality and the use of electronic case notes by school counselors.  School counselors must be aware of the legal and ethical issues surrounding case notes and student privacy.  This article provides some guidelines and strategies to ensure all legal and ethical standards are upheld.
https://easydb.angelo.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=eue&AN=132550663&site=eds-live

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What I Learned About Confidentiality and Privacy

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What I Learned About Confidentiality and Privacy

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Confidentiality and privacy are central to the duties of a school counselor. Maintaining a balance between student privacy and the rights of the parent is particularly important and can also be a challenge. The school counselor is required to inform both the students and parents that exceptions to the confidentiality agreement exist.  Confidentiality between the student and counselor must be broken if  potential or foreseeable harm exists for a student or another person.  Counselors must also be aware of what student information can then be shared with school staff and ensure it is only shared when necessary to protect student privacy and to maintain confidentiality (ASCA, 2018).

School counselors are also required to maintain student records and ensure that any sole possession notes are kept separate from educational records (ASCA, 2018).  Notes that   are not seen by anyone else, serve as a memory aid, and are kept only by the school counselor are considered sole possession notes (Shea, Cinotti, & Stone, 2018).  Many school counselors are starting to save case notes electronically, which creates a confidentiality or privacy dilemma.  When necessary, private and case sensitive information should be communicated in person if possible, and any electronic communication or storage of information must be in compliance with FERPA and all local, state, or federal standards (ASCA, 2018).  Electronic information is vulnerable, so school counselors must only use technology and programs that have a high level of security to protect student information (Shea, Cinotti, & Stone, 2018).

As a school counselor, I would need to be knowledgeable about what can and should be communicated to parents according to the law and district guidelines. The student-counselor relationship is so important, and trust is the foundation and must be established first. The counselor must clearly state to students and parents the limitations and exceptions to confidentiality. I would also need to understand FERPA and all legal guidelines and standards in regards to maintaining school records and case notes. It is my responsibility to ensure that safeguards are being used especially in regards to technology.  Technology is a great tool, but the risk to privacy must be addressed to ensure compliance with the law and ethical standards.

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Association, A. S. (2018). The School Counselor and Confidentiality . Retrieved from American School Counselor Association: https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Confidentiality.pdf

Shea, M. L. ., Cinotti, D., & Stone, C. (2018). An Examination of School Counselors’ Use of Electronic Case Notes. Journal of School Counseling, 16(18), 1–30. Retrieved from https://easydb.angelo.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=eue&AN=132550663&site=eds-live