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The professional perspective I am taking is that of a Professional School Counselor.
The audience is students, parents, and teachers.
Topic: Understanding student confidentiality for students, parents, and teachers in regards to school counseling.
I chose this topic because student confidentiality is incredibly important when it comes to school counseling. However, some areas may be unclear to parents, teachers, and even students themselves that this Guide is to help clarify.

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Student confidentiality has great relevance and significant implications for school counselors. Student confidentiality has legal, and ethical aspects. As well as impacts a student's quality of life or even their life itself. Issues such as suicide, abuse, and threats also have a role in regards to student confidentiality.

Best Practices:
-Confidentiality guidance for students, including full disclosure of student's and their parent's rights in regards to confidentiality.
-Confidentiality guidance for parents, including their rights as well as their students. This includes the counselor maintaining ethical confidentiality between them self and the student unless there is a legitimate concern that needs addressing.
-Confidentiality guidance for staff which includes reminders about duty to report requirements and what may remain confidential between staff and student.

An emerging area that presents it's own issues along with those of confidentiality is the big push for Social Emotional Learning and Mental Health awareness. While these areas are important for the social and emotional well being of all, confidentiality and the laws must still be considered. This is an area to watch in multiple aspects. Those include changing legal and ethical implications, as well as counseling best practices changes.

Interviewees:
Monique Chavez LMFT, School Counselor, Byron Nelson High School.
Jennifer Martinez LPCS, School Counselor, Byron Nelson High School.

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The American School Counselor Association provides a Position Statement in regards to The School Counselor and Confidentiality. Their position states "school counselors recognize their primary obligation regarding confidentiality is to the student but balance that obligation with an understanding of the family or guardians’ legal and inherent rights to be the guiding voice in their children’s lives" (2018, para. 1). This resource provides guidance on the importance, relevance, and stance that confidentiality plays in regards to school counseling.

American School Counselor Association. (2018). The school counselor and confidentiality. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Confidentiality.pdf

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N. H. Supreme Court Backs School Counselor on Abortion Advice to Student
-A 15 year old student confided in her counselor that she was pregnant and wished to get an abortion
-The counselor researched the laws and the student's rights and consulted with the school's Principal
-The laws stated that the counselor may keep the pregnancy confidential from the parents but the Principal disagreed, but the student obtained a temporary restraining order preventing the Principal from doing so
-At the end of the year the counselor received a notice of non-renewal on her contract siting insubordination, breach of confidentiality, and neglect of duties.
-When appealed the non-renewal was overturned and the Courts supported the counselor that she did the right thing.
Walsh, M. (2016). N. H. Supreme Court backs school counselor on abortion advice to student. Retrieved from http://blogs.edweek.org/edweek/school_law/2016/04/nh_supreme_court_backs_school_.html

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An Effort to Stop Student Drug Use That Starts with a Simple Conversation at School
This article discusses a call to the U.S. Department of Education to utilize a screening method called Screening, Brief Intervention, and Referral to Treatment (SBIRT) in identifying students who use drugs.
This article raises several questions and concerns including:
-Confidentiality of admissions of drug use
-Repercussions for admissions of drug use
-Who would be responsible for conducting the interviews?
In relation to counseling confidentiality this could create potential conflicts in confidentiality for counselors as the line would become less clear on whether to hold the conversations confidential or who would be privy to the information revealed in these screenings.
Blad, E. (2017). An effort to stop student drug use that starts with a simple conversation at school. Retrieved from https://blogs.edweek.org/edweek/rulesforengagement/2017/11/school-based_intervention_seeks_to_address_student_drug_use_with_constructive_conversations.html

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Slide #6 Family Educational Rights and Privacy Act

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Slide #6 Family Educational Rights and Privacy Act

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-Outlines student privacy
-Specifies what entities have access to "directory information"
-Outlines parent's rights to access student's records
-Sole possession records which are not required to be included in permanent student educational records or disclosed to parents or the courts
-Provides access to educational records to those with "legitimate educational interest"
Federal Administrative Law
34 C.F.R. § 99
https://gov.ecfr.io/cgi-bin/text-idx?SID=aba793a6efc317c239fe270a1fbd5efe&mc=true&tpl=/ecfrbrowse/Title34/34cfr99_main_02.tpl

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-Outlines what constitutes as abuse and warning signs of abuse
-Describes who is legally obligated to report signs, suspicions, and admissions of abuse which includes educators, and counselors
-Mandatory reporting must occur within 48 hours of first awareness of the abuse.
State Statutory Law
Tex. Fam. Code § 261.101
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Slide #8 General Duties of School Counselors

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Slide #8 General Duties of School Counselors

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-Describes and outlines the general duties of school counselors
-School counselors are to serve as non-reporting, impartial resources for students
-This law does NOT exempt school counselors from Mandatory Reporting law requirements
State Statutory Law
Tex. Educ. Code § 33.006
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm#33.006

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-Tatiana Tarasoff was killed after police and therapists failed to warn her parents of a threat on her life by Prosenjit Poddar
-The Courts ruled that mental health professionals do have a duty to warn in the event of clear and present danger.
-This has led to greater care in regards to confidentiality and disclosing its limitations including those in regards to students and school counselors
Supreme Court Judicial Law
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 131 Cal.Rptr. 14, 551 P.2d 334 (1976).
https://law.justia.com/cases/california/supreme-court/3d/17/425.html

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Northwest ISD's Employee Handbook describes policies that align with this topic.
-Reporting Suspected Child Abuse, page 38, states employees are to report any suspected child abuse or neglect within 48 hours to Child Protective Services, or the Texas Abuse Hotline as well as to their campus principal.
Northwest ISD 2019-2020 Employee Handbook. (2019, June). Reporting suspected child abuse. Retrieved from https://www.nisdtx.org/UserFiles/Servers/Server_232117/File/Departments/Human%20Resources/2019-2020%20Employee/2019-2020%20Employee%20Handbook-FINAL.pdf

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American School Counselor Association (ASCA) Ethical Standard A.2 discusses confidentiality. The standard outlines counselor's best practices in confidentiality, who and how to inform about confidentiality practices, and that counselors are ethically obligated to maintain a student's confidentiality unless legally required to do so.
American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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The School-Counseling-Zone.com is a useful website that provides guidance for counselors regarding confidentiality among other topics. This website provides a Q&A and scenario type format that may help counselors to identify and or relate to a situation they may be unsure about.
Hansen, S. (2015). Confidentiality guidelines. Retrieved from http://www.school-counseling-zone.com/confidentiality.html

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-The first, and most important key point is to understand the laws that pertain to confidentiality and the role of the school counselor. By knowing and understanding these laws you can set the basis of your practice.
-Once you have established your practice, investigate the laws and rights of the student.
-Develop a method to thoroughly explain a student's confidentiality rights in regards to counseling and get their approval and consent before beginning any sessions
-Investigate the laws and rights of the student's parents. Keep in mind that counselors are ethically obligated to maintain confidentiality, but legally must disclose information to parents if they request it.
-Develop a method to thoroughly explain to parents their rights, their student's rights, and ethical practices of counseling and gain consent before beginning any sessions
-Counselors are also obligated to provide System Support to staff which would include notifying and educating staff of student confidentiality rights as well as best practices for staff.
-Lastly, develop and establish a Community of Practice and consultation support between yourself and fellow counselors. When in doubt, consult a colleague, they may have experiences and knowledge that may be supportive and beneficial to a situation you are working through.