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As a school counselor, I must know and understand my legal obligation to students. I must abide by the district policies and protocols to ensure students are safe and protected. My topic for this guide is on student confidentiality because this is a common issue that will arise frequently in the school setting. The school counselor should advocate, support, and guide students while also following federal, state, and local laws.

The audience for school counselors include, students, parents, teachers and community organizations. It is essential to collaborate with these members while also ensuring that we are maintaining legal compliance.

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The U.S Department of Education oversees that agencies are following confidentiality laws such as the Family Educational Rights and Privacy Act FERPA.

TEA oversees confidentiality in education, Texas law states that parents have a right to all student records. (Tex. Educ. Code Sec.26.004

FERPA

Tex.Educ.Code Sec. 26.004

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The Federal Education Right and Privacy Act (FERPA

is a federal statue regulating the confidentiality of student records. FERPA mandates that schools maintain confidentiality and that students and parents have access to student records.

Texas law states student information as confidential to public agencies under the Texas Government Code Sec. 552. which emphasizes the protection of personal information.

As a school counselor it is essential to adhere to the Federal and state laws in order to ensure compliance and student privacy rights.

FERPA

Tex. Gov. Code. Sec. 552

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Family Educational Right and Privacy Act (FERPA) protects the privacy of students records. This statue ensures that students information is kept private from the public. Counseling service will be kept confidential unless there is a safety concern. This includes documentation from counseling services unless parent consent is given.

Texas Administrative Code governs state agencies regulation. TAC provides the rules for which TEA adheres to and provides counselors with guidelines to maintain confidentiality.

FERPA

Tex. Admin. Code. Title 19

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L.S. v. Mount Olive Board of Educ. 2011

In this case a students psychiatric evaluation was shared with other students as an example for a class assignment. Although this was unintentional the students personal information was disclosed and the student was identified by other students. The school employees were not sued for monetary damages but there were repercussions.

L.S. v Mount Olive Board of Educ. 2011

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According to FERPA(2022), counseling records must be kept. confidential. The counselor should clearly communicate the rights that parents have for their child's records and the requirement to access records. Privacy protection will apply unless the child's safety is at risk.

FERPA

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Clear Creek Independent School District Data Privacy Policy this policy outlines the guidelines for which the school district will follow to maintain student confidentiality. It is designed to protect the privacy of student records and information. This policy will ensure that school counselors are in compliance and are protecting student privacy.

Clear Creek Independent School District Data Privacy Policy(2024).CCISD Data Privacy.

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School counselors should work with administration and school staff to develop clear policies for collecting student records. (ASCA,2022)

Provide students and families with consent forms explaining their rights for confidentiality and the limitations.(ASCA,2022)

Frequent review of practices for storing student records to ensure compliance and prevent breach.

These steps will ensure the appropriate steps are being taken to maintain confidentiality. Working together with school staff ensures everyone understand the confidentiality expectations. Providing students and families with consent forms will better protect student, family, and counselor. Students and families will be aware of the guidelines counselors must follow. By reviewing the practices in place for storing student records counselors can determine inappropriate methods and make changes if necessary.

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Confidentiality: American School Counselor Association (ASCA) Standard A.2 (Confidentiality) the standard that school counselors must follow regarding confidentiality and privacy of student information and records. This standard will impact how counselors will manage and disclose confidential student information. (ASCA,2022)

As a school counselor I must ensure that students understand what confidentiality means and the limitations that it carries when their safety is involved. Maintaining boundaries that foster a positive and trustworthy environment.

American School Counselor Association

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While working towards becoming a school counselor I've learned about the importance of maintaining legal and ethical standards.

Complying with confidentiality is a key factor in the role of a school counselor. Through the study of laws, regulations, mandates and other cases my commitment to ethical practices deepened.

One connection I made with these laws are that the laws are put in place to protect the student and myself as the school counselor. The laws will ensure that students and families feel safe sharing records and personal information and trusting that we will protect it. Another connection I made was how easy it can be to breach confidentiality. Lastly, learning about the steps to take to manage the risks and strengthen my ability to serve students.

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Staying up to date on training, laws, and legal requirements pertaining to the role of the school counselor

Understanding the policies and procedures for the school district.

Clearly communicate confidentiality policies with students, families, and school staff.

Implement procedures for safe record keeping.

Conduct frequent reviews to ensure practices are effective and up to date.

Develop a plan in the event that a breach occurs.