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American School Counselor Association (ASCA). (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/Standards-Ethical-Legal/ASCA-Ethical-Standards-for-School-Counselors

Texas Administrative Code Rule § 247.2. (n.d.). Retrieved from https://texreg.sos.state.tx.us

Texas Education Agency. (2024). School counselor certification requirements. Retrieved from https://tea.texas.gov/texas-educators/certification

Texas Family Code § 261.101. (n.d.). Retrieved from https://statutes.capitol.texas.gov

Texas Legislature. (n.d.). Texas Family Code, Chapter 261: Child abuse reporting law. Retrieved from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

U.S. Department of Education. (n.d.). Family Educational Rights and Privacy Act (FERPA). Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Health and Human Services. (n.d.). Child Abuse Prevention and Treatment Act (CAPTA). Retrieved from https://www.acf.hhs.gov/cb/laws-policies/child-abuse-prevention-and-treatment-act

U.S. National Archives and Records Administration. (n.d.). The Bill of Rights: A transcript. Retrieved from https://www.archives.gov/founding-docs/bill-of-rights-transcript

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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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As a Spanish teacher, I have learned how important it is to understand and follow legal and ethical guidelines, especially when it comes to maintaining student confidentiality and reporting when safety is at risk. I realize that, even though my primary role is teaching, I have a responsibility to ensure the well-being of my students, and these laws and ethical standards help me do that. Understanding the importance of these principles in both my teaching and potential future work as a counselor has helped me see how legal and ethical frameworks support student protection.

These connections to the law are important to me because they remind me of the trust that students place in educators. The balance between confidentiality and keeping students safe can be challenging, but it motivates me to continue learning and improving in my role. These principles pave the way for my educational goals, as I strive to become a better teacher and counselor for my students.

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Slide 11: Recommendations / Best Practices for Compliance

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Slide 11: Recommendations / Best Practices for Compliance

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Provide Regular Training for School Staff

Ensure all school staff, including teachers and counselors, are regularly trained on confidentiality laws, mandatory reporting, and ethical standards to ensure compliance with legal requirements.

Establish Clear Reporting Procedures

Create clear and easy-to-follow procedures for reporting child abuse, neglect, or self-harm, ensuring that staff know exactly when and how to act in cases of suspected harm.

Maintain Confidentiality Where Possible

Protect student information by keeping it confidential, except when safety concerns require sharing information with authorities or parents, in compliance with laws like FERPA.

Ensure Students Are Informed About Confidentiality

Inform students about the limits of confidentiality early on, explaining that their privacy is important, but that information will be shared if their safety is at risk.

Encourage Open Communication

Foster a supportive environment where students feel comfortable discussing their concerns, knowing they can trust staff while understanding the limits of confidentiality.

Document All Actions

Keep accurate records of all disclosures, communications, and actions taken regarding a student's safety, ensuring compliance with legal reporting requirements.

Stay Updated on Legal and Ethical Changes

Regularly review and stay informed about changes in relevant laws, ethical standards, and policies that may impact the school's practices regarding confidentiality and reporting.

Collaborate with Community Resources

Develop partnerships with local agencies, such as child protective services or mental health professionals, to ensure immediate support for students when necessary.

Provide Support for Affected Students

Offer counseling, mental health services, or other forms of support to students after a disclosure or report to ensure their emotional well-being is prioritized.

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Confidentiality and Reporting for Safety

Ethical Code Item:
"Counselors respect the confidentiality of information shared by the student; however, there are exceptions when a student’s safety is at risk. In cases of self-harm or abuse, counselors must disclose information to appropriate authorities or parents to ensure the student’s safety" (American School Counselor Association [ASCA], 2016).

Citation for the Code of Ethics:
American School Counselor Association (ASCA). (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/Standards-Ethical-Legal/ASCA-Ethical-Standards-for-School-Counselors.

Connection to Topic:
The ASCA Ethical Standards require counselors to balance confidentiality with the need to report when a student’s safety is at risk. In cases of self-harm or abuse, this principle guides counselors in deciding when to break confidentiality to protect the student.

Why It’s Important:
This ethical guideline helps counselors ensure they are acting in the best interest of students, even when it may be difficult or upsetting. It provides clarity on how to manage ethical dilemmas regarding privacy and safety.

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Confidentiality and Keeping Students Safe

Provide Training on Reporting Laws

Counselors must be trained on when and how to report self-harm, abuse, or neglect to ensure student safety.

This helps avoid legal responsibility for failing to protect students.

Why It’s Important: Training ensures that counselors understand their legal obligations and can make informed decisions about when to break confidentiality.

Adhere to Privacy Laws (e.g., FERPA)

Counselors must follow laws like FERPA to protect student privacy and prevent unauthorized disclosure of information.

This helps avoid legal issues related to sharing confidential information without consent.

Why It’s Important: Following privacy laws safeguards both students' rights and the school’s legal standing.

Establish Clear Policies for Handling Confidential Information

Schools should have clear guidelines for counselors to manage confidential information and make timely reports.

Policies should address when it’s appropriate to share information to protect students' safety.

Why It’s Important: Clear policies reduce the risk of mistakes that could harm students or lead to legal consequences.

In-text citation: (Melissa ISD, 2024)

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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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Local Administrative Law/Policy/Rule: Reporting Abuse or Harm

Source of Law: Melissa ISD Board Policy FFH (Local), Texas Family Code § 261.101, and Texas Administrative Code Rule § 247.2

Brief Summary:

School staff, like counselors, must report child abuse or neglect within 48 hours to Child Protective Services (CPS) or the police (Texas Family Code § 261.101).

Counselors must follow ethical rules to protect students and report any risks they notice (Texas Administrative Code Rule § 247.2).

If staff do not report, they could get fines, lose their job, or go to jail.

Why This Policy Exists:

To protect students and make sure they are safe.

To make sure counselors follow laws and do their job correctly.

How This Policy Affects Schools:

Counselors must balance keeping things private and reporting dangers.

Staff need training to understand the rules and stay out of legal trouble.

Full Text of the Law:

Texas Family Code § 261.101: Texas Family Code

Texas Administrative Code Rule § 247.2: Texas Administrative Code

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Slide 6: Identify the federal regulation or mandate that align with your topic. 

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Slide 6: Identify the federal regulation or mandate that align with your topic. 

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Regulation: ASCA Ethical Standards for School Counselors

Source of Law: Published by the American School Counselor Association (ASCA)

Brief Summary:

Counselors must keep student information confidential but are required to break confidentiality if the student is in danger.

Danger includes self-harm, abuse, or neglect.

Counselors are obligated to follow mandatory reporting laws to ensure student safety.

Impact on Practice:

Guides counselors to balance confidentiality and student safety.

Ensures counselors report concerns, document incidents, and provide continued support to students after reporting.

Full Text of the Standards: https://www.schoolcounselor.org/Standards-Ethical-Legal/ASCA-Ethical-Standards-for-School-Counselors

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In school counseling, there are rules and organizations that guide how counselors do their job.

At the federal level, the American School Counselor Association (ASCA) gives counselors a plan to follow. This plan helps counselors support students with their education, careers, and emotions (ASCA, 2016).

At the state level, each state has its own rules. In Texas, the Texas Education Agency (TEA) makes sure school counselors meet the requirements to work. TEA also checks that counselors follow the laws and do their job the right way (Texas Education Agency, 2024).

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Professional Perspective:
I am a future school counselor committed to creating a safe and supportive space for students, while balancing the need to protect their confidentiality with ensuring their safety.

Audience:
This guide is intended for school counselors, educators, and administrators who are responsible for safeguarding student privacy and addressing safety concerns.

Topic:
The main focus of this Padlet is "Confidentiality and Keeping Students Safe." It explores how school counselors manage privacy laws while making sure students are safe during situations such as mental health crises, abuse, or threats of harm.

Rationale:
I chose this topic because keeping students' confidentiality is essential for building trust, but there are times when ensuring safety requires counselors to make difficult ethical and legal decisions. This is one of the biggest challenges school counselors face in their work.

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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 First Amendment (Freedom of Speech)

Source of Law: U.S. Constitution, Amendment I

Brief Summary:

Protects a student’s right to express their opinions.

Limits free speech if it causes harm or threatens safety.

Ensures schools can balance individual rights with a safe learning environment.

Full Text of the Law: https://www.archives.gov/founding-docs/bill-of-rights-transcript

Texas State Law: Texas Family Code, Chapter 261 (Child Abuse Reporting Law)

Source of Law: Texas Family Code § 261.101

Brief Summary:

Requires counselors to report suspected child abuse or neglect immediately.

Failing to report can lead to criminal charges.

Protects individuals who report in good faith from legal consequences.

Full Text of the Law: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Statute: Family Educational Rights and Privacy Act (FERPA)

Source of Law: 20 U.S.C. § 1232g; 34 CFR Part 99

Brief Summary:

Protects the privacy of student education records, including counseling records.

Allows sharing of student information only in emergencies or with proper consent.

Non-compliance can lead to schools losing federal funding and legal consequences for staff.

Full Text of the Law: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Administrative Law: Child Abuse Prevention and Treatment Act (CAPTA)

Source of Law: 42 U.S.C. § 5106a

Brief Summary:

Requires counselors to report suspected child abuse or neglect immediately.

Aims to protect children from harm and ensure proper intervention.

Failure to report can result in fines, loss of licensure, or criminal charges for the counselor.

Full Text of the Law: https://www.acf.hhs.gov/cb/laws-policies/child-abuse-prevention-and-treatment-act

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Court Case: Doe v. Melissa Independent School District (2010)

Source of Law: 42 U.S.C. § 1983

Brief Summary:

A student claimed a teacher sexually assaulted him during a school trip, and the school failed to protect him.

The court ruled Melissa ISD was not responsible because there was no evidence the school ignored risks or had a policy allowing such behavior.

To hold a school liable, there must be proof that the school knowingly ignored clear dangers and caused harm.

This case highlights the importance of schools and counselors having policies to protect students and promptly addressing any risks.

Full Text of the Law: https://www.law.cornell.edu/uscode/text/42/1983