# data[].attributes.body
My professional perspective within the school counseling field is to establish relationships with students so that they are successful academically and emotionally. These relationships are based on a high degree of confidentiality by the school counselor. At times the relationship can appear rocky when school counselors have to ask difficult questions in order to protect the safety and well-being of the students they service. Students react in different ways when they are left to process trauma they have experienced. According to the Texas Model, under the responsive services component, a school counselor counsels students individually or in a small group setting in order to resolve the challenges that may impede learning.
School counselors assess the various forms of trauma that students face, consult with their teachers and parents, and they make referrals to the appropriate mental facilities (Texas Education Agency, 2018).
As a current teacher, I have seen the effects that trauma has on students in the classroom. They often exert feelings of anger, rage, and even depression. As a result, students are in need of resources from a school counselor or through an outside resource, and it is critical that these needs remain confidential.
I selected this topic of confidentiality in order for the responsive services component to be provided and so a trusting, safe relationship can be established.The school counselor must be able to ask the appropriate open-ended questions so that they can determine trauma or abuse. They must also be able to assess the full scope of the problem so they can meet the needs of the students they serviced.

# data[].attributes.body
The Family Educational Rights and Privacy Act (FERPA)
Summary:  FERPA is a federal law that protects the privacy of student educational records. This law applies to schools that receive federal funding from the U.S. Department of Education. This law gives access to student records to the parents and to the student when they turn 18 years old. In addition, this law allows parents and eligible students to inspect student education records. I learned that parents and eligible parents have the right to have school records amended if they feel the information is misleading or inaccurate.  Finally, I learned that schools must have written permission from the parents to release any information about the student's educational records and other student data.

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

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#:~:text=The%20Family%20Educational%20Rights%20and,the%20U.S.%20Department%20of%20Education.

The State Board for Educator Certification (SBEC) & Texas Education Agency (TEA)

Summary: SBEC certifies and regulates school counselors. I learned that SBEC is attached to TEA. TEA is a state agency that regulates the school counselor's role. They also work to increase student wellness, improve academic performance, and increase postsecondary education. The school counselor works with the student, parents, and all stakeholders in order to help students reach optimal success and by maintaining student confidentiality. The Texas Education Code (TEC) 33.005 and 33.006 also indicates that the school counselor will implement a comprehensive school counselor program by implementing guidance activities that protect the confidentiality of all students (Texas Education Agency, 2023).

# data[].attributes.body
Federal Constitutional Law:
The Family Education Rights and Privacy Act (FERPA) is a federal law that gives parents the rights to have total access to their child’s school records. When the child turns 18 years old or when they are in college that control is then transferred from the parent to the child. FERPA is administered by the Student Privacy Policy Office within the U.S. Department. The purpose of FERPA is to protect education records and failure to comply with this law could result in the loss of educational funding.

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

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#:~:text=The%20Family%20Educational%20Rights%20and,the%20U.S.%20Department%20of%20Education.

FERPA does not protect the student educational records in the following instances:

A school to where the student is transferring.

Compliance to a judicial record or subpoena.

State and local authorities within the juvenile system.

Cases that involve health and safety emergencies (34 CFR § 99.31.

State Constitutional Law:
The Student Privacy Act was passed in 2017 and it aims in protecting student identifiable data from various online service providers. Examples of covered confidential information include:

discipline records

health records

biometric information

disabilities, purchases

geolocation information

The law prohibits an operator of an online service provider from targeting students for marketing purposes (2 TEC § 32.151).

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

# data[].attributes.body
State Statue: Student Data Privacy Act 2017- This law restricts how student information is used by website operators and online companies. This Act determines how student data can or can not be used for educational marketable purposes.

Texas legislature passes student privacy act. Jackson Walker. (2021). https://www.jw.com/news/texas-legislature-passes-student-privacy-act/

Link to the Source of this law: https://capitol.texas.gov/tlodocs/85R/billtext/pdf/HB02087F.pdf

State Administrative Law: The Texas Administrative Code 40.807.8 states that all student information that is obtained by a school is confidential and can not be released. Any information that is gathered is not subject to public record (40 TAC §807.8).

Texas administrative code, subchapter A, section 807.8 - confidentiality of information: Texas administrative code: Justia. Justia Law. https://regulations.justia.com/states/texas/title-40/part-20/chapter-807/subchapter-a/section-807-8/

Link to the Source of this law: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=20&ch=807&rl=8

# data[].attributes.body
The Protection of Pupil Rights Amendment (PPRA)- (1978)

This federal amendment prohibits a school or an educational agency from requiring a student to provide information on their opinions, beliefs, attitudes, or feelings on the following topics:

political beliefs of the students and/or parents

mental or psychological problems that the student may be experiencing

sexual behavior or orientation

illegal, self incriminating, or demeaning behaviors.

religious practices or beliefs of the student or parent.

PPRA is also concerned with student privacy and other marketable surveys. It focuses on giving parental access to information and on the administration of certain physical examinations on students. Like FERPA, PPRA transfers from the parent to the student once they reach eighteen years old  (20 U.S.C. § 1232h, 34 CFR Part 98).

Statutory Law: https://studentprivacy.ed.gov/faq/what-protection-pupil-rights-amendment-ppra

Link to the source law: https://studentprivacycompass.org/faqs-ppra/#:~:text=Sex%20behaviors%20or%20attitudes,of%20lawyers%2C%20physicians%2C%20and%20ministers

# data[].attributes.attachment_caption
The School Board of Education and Texas Education Codes

# data[].attributes.body
The School Board for Educator Certification regulates school counselors in the state of Texas.

Legal Requirement that school counselors must comply with:

Texas Education Code 33.002 mandates the student to counselor ratio which is five hundred students to one counselor (2 TEC § 33.002)

Texas Education Code 33.005 states that the school counselor must provide a comprehensive, developmental guidance and counseling program where student confidentiality is maintained (2 TEC § 33.005).

The Texas Education Code 33.006 outlines the daily  duties and responsibilities of the school counselor. This code empowers the school counselor to advocate for all students especially those that are at risk of dropping out, joining a gang, or becoming involved with a controlled substance. The school counselor will consult with parents and make appropriate referrals in a confidential manner. Finally, it states that the school counselor will use 80% of their time on the development of a comprehensive school guidance program (2 TEC § 33.006).

Texas Education Code 33.007 empowers the school counselor to to counseling students on post-secondary education. The school counselor will advise the student on financial aid, endorsements, and eligibility on academic performance. The school counselor will only release confidential information to the parents and it will counsel in an unbiased manner  (2 TEC § 33.007).

Texas Education Agency. (2022). School counseling - job description & evaluation. Texas Education Agency, https://tea.texas.gov/academics/learning-support-and-programs/school-guidance-and-counseling/school-counseling-job-description-evaluation

Administrative Law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

# data[].attributes.body
Northside Independent School District Policy promotes a policy that focuses on building a relationship based on trust. School counselors work with students individually or in small group settings and the conversations that occur are to remain confidential. However, in order to protect the safety of all students, certain situations are excluded from the confidentiality umbrella. They include situations  that involve the following:

Harm to yourself such as cutting

Harm to other student body and/or staff

Sexual Contact, pregnancy, and/or sexually transmitted diseases

Threats to school safety

Information that is requested from a school subpoena

Student privacy is the utmost priority. School counselors and school personal take stride in protecting students. Below are a few examples of that protection:

FERPA allows the parent to decline the release of "directory information" of the child.

The school district will not release student information to military recruiters.

The student will not be required to complete any survey or evaluation that gears towards religious practices, political affiliations, sexual behaviors, etc

The parent may opt out the a human sexuality class

A parent has a right to review instructional material such as teaching materials, textbooks, teaching aids, and other instructional material.

A parent has the right to review the students attendance records, grades, test scores, counseling records, and teacher and school evaluations.

These rights transfer to the "eligible" student once they turn 18 years old, emancipated by the court, or enrolls in secondary education.

Link to the source:
https://s3.amazonaws.com/scschoolfiles/948/2020-21_student_handbook.pdf

2020-2021 Secondary Student-Parent handbook. (n.d.). https://www.nisd.net/sites/default/files/documents/handbook-2020-21_0.pdf

# data[].attributes.body
Strategies to Protect Student Confidentiality

I. Federal Strategies include the implementation of various federal regulations. This would include the following:
A. U.S. Department of Education- The governing body lies the foundation to our education system.
B. FERPA 1974 establishes the rights of parents to access their child's records and protects the confidentiality of the student.
C. COPPA is a federal law that imposes requirements on operators of websites so that the rights of children under 13 are protected.
II. State Strategies include Texas Education Agency taking preventative measures to protect student confidentiality.
A. State and districts impose proper training on data privacy and security.
B. State leaders use effective communication to establish expectations on confidentiality.
C. Continue to update the status quo to protect student and school data records.
III. District Strategies include the implementation of training and updating policies that align with the state expectations.
A. The district provides teachers with training that focus on confidentiality so they can effective work students, family members, all stakeholders so that educational data is secure.
B. The district outlines a plan if a breach in student confidentiality and they communicate that plan to all stakeholders.
C. The district works with online vendors to ensure that student data is always protected.
IV. Teacher Stratagies
A. Train teachers on differences between privacy, confidentiality, and security.
B. Empower school counselors and teachers to share data only with necessary parties such as parents, other teachers, and administrators.
C. Teachers will learn clear security practices in the classrooms.
Scheid, M. (2020). The educator's role: Privacy, confidentiality, and security in the classroom. Student Privacy Compass. https://studentprivacycompass.org/scheid1/

# data[].attributes.body
Ethical Dilemma

The Situation: While I was completing my school counseling practicum I was meeting with a student that had indicated they were hearing voices and they were showing over signs of mental illness. The student led the counselor and I to believe that they would self-harm.

Ethical Liability: The American School Counselor Association states that a school counselor can not diagnosis but must recognize how the student’s environment can impact their social-emotion and academic functioning. The school counselor has an ethical obligation to inform the parents of the situation. In addition the school counselor must inform the student of the limitations of confidentiality  (American School Counselor Association, 2022).

Legal Liability: Once the confidential information was obtained, the school principal and campus police office were informed so that the student could be detained. Sharing the information with the principal is not breaking confidentiality due to district policy. The school counselor has a legal responsibility to protect the safety of the student and all other students. The student was detained and escorted to a mental facility. If the student was not detained this could have had the school and school counselor negligent of not protecting the student body. The school counselor had an ethical responsibility to follow district protocol in regards to highly sensitive situations as described above.(American School Counselor Association, 2022).

According to A.2.F. The guidelines indicate that information regarding student confidentiality shall remain on a need to know basis. The only exemption in this situation would be if there was a legal requirement to breach the confidentiality.
According A.2. I The guidelines indicate that school counselor will adhere to federal, state, and local laws and school board policy in conveying sensitive information such as suicidal ideation (American School CounselorAssociation, 2022.

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

# data[].attributes.body
I have learned to apply ethical standards into my role as a school counselor especially in situations that involve  confidentiality of the student. When I was working on my counseling practicum I had to practice the components of FERPA in my daily responsibilities.  I worked with many students on an array of topics. For example, it is the job to conduct student observations in the classroom when the parent or teacher are inquiring for special education services. It is essential that the right of privacy and confidentiality of the student is maintained. A second connection that I can make is when the school counselor is providing individual or group counseling. At times, students reveal various levels of trauma that they have experienced and school counselors provide coping strategies. In situations like this, there are times when the school counselor must provide an outside referral to a mental facility and in the process must transfer and receive  information and receive information about the student. Finally, the ASCA Ethical Standards state the school counselor advocates for the safeguards o the student and that the school counselor follow all federal, state, and local protocols. I can tie this to situations that involve the detainment of students.
I feel that these safeguards protected the student, parents, and the school as a whole. It helps the school counselor serve as an advocate for students, teachers, and parents by protecting the confidentiality of all involved. Finally, if the laws and regulations are maintained then lines of communication are established between the school counselor and the student body.

# data[].attributes.body
As the saying goes it takes a village to ensure the safeguard of student information is protected. Below are some best practices that all stakeholders in education can follow.

Ensure that school districts are destructing data in safe manner. Schools should find an accredited supplier to destroy confidential information once it is no longer needed. When districts can find a credible supplier they are complying with current regulations, avoiding hefty fines, and protecting the reputation of the district.

Prevent security breaches by monitoring the use of internet usage, not opening unrecognizable emails, teach students the importance of internet safety, have a clear reporting procedure for an accidental opening of an unsafe website, and use a filtering process to prevent  inappropriate spam.

Minimize the amount of data that is collected about the student. Minimization lowers the risk that educators can lose control of sensitive student information.

Schools should monitor the activity of any user that has access to information. Firewalls should be utilized by districts to protect student educational records.

Refresher professional development training should be offered to all educational staff at the start of the year.

Districts leaders should utilize a least privilege approach in handling confidential information. School counselors, the nurse, and administrators should be the only ones with access to confidential data.

Chapple, M. (2022). 5 ways to safeguard student information. Technology Solutions That Drive Education. https://edtechmagazine.com/k12/article/2019/04/5-ways-safeguard-student-information