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My professional perspective in the school counseling field is that school counselors must see that students’ records are kept confidential and safe. School counselors must exercise ethical standards and behavior at all times when collaborating with administrators, teachers, parents, and the students. Ethical standards involve being knowledgeable on the guidelines to student confidentiality. If other school staff have access to my computer, others can discover this confidential information without intention. As a teacher, I have students with special needs in my classroom and although I follow the guidelines of confidentiality, there are times when this information might be visible to a person who should not have access to it. I am diligent in making all efforts in keeping students' information private. I believe it is critical to make all efforts to keep student information private.

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(The Family Educational Rights and Privacy Act [FERPA], 1974).
(TEA, 2018)
Summary

Federal: Family Educational Rights and Privacy Act (FERPA) is the federal law that governs privacy and confidentiality of all students. It protects the privacy of students’ educational information and their parents. Parents' written permission must be obtained to share students' data.

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

https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

Summary

State: At the state level, Texas Education Agency (TEA) creates their policies and regulations to follow FERPA and elaborate on the regulations emphasizing the needs of the Texas students. TEA uses FERPA as a guide to create mandates to target privacy and confidentiality for all students in Texas.

In both cases, if these laws and policies are violated and the students’ information is breached, the school can be held accountable by losing their funding.

Texas Education Agency. (2018). The Texas model for comprehensive school    counseling programs (5th ed.). Texas Counseling Association.

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(The Family Educational Rights and Privacy Act [FERPA], 1974).
(Tex.Educ. Code §33.054, 1995)

Federal: FERPA Is a constitutional law that keeps student information confidential in the school. It allows students, or parents if given consent, to control the student records and how the information is distributed. It also allows parents the right to the student’s education records including:

Transcripts

Disciplinary records

Standardized test results

Health

Services provided to students through the IDEA Act

Records on services and accommodations provided to students under 504

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (1974).      https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

State: Constitutional law created by the state government and legislative branch has to be approved by voters.
Tex. Educ. Code §33.054
Photographs of Children may only be used for identifying and locating a child. This information must remain confidential unless the legal custodian authorizes the release. It may not be shared with any person.  Added by ACTS 1995, 74th Leg., ch.260,Sec 1, eff. May 30, 1995.

Link to the full text of law  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Bulleted list about the law and the legal requirements

The Children’s Online Privacy Protection Act of 1998 (COPPA) is a federal law that has requirements for students using websites and online services to protect the privacy of children under 13.

IDEA requires the protection of the privacy of students who receive special education services.

The US dept. Of education: Keeps the privacy rights of students, teachers, and administrators in schools.

Texas Education Agency (TEA), requires the school to keep the students’ information private unless the legal guardian of the student consents information to be shared with others.

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(Privacy Act, 1974).
(Texas Student Privacy Act, 2017).

Administrative Law
The Privacy Act is an administrative law enacted by the federal government concerning the collection and use of records in maintaining the privacy of students.

The privacy act of 1974. (n.d.). U.S. office of special counsel. https://osc.gov/Pages/Privacy-Act.aspx

Link to full source of law https://www.ies.ed.gov

Statute Law
The Texas Legislature passes the Texas Student Privacy Act (TSPA), which is a state law intended to further protect student privacy where the federal law may be lacking.

Texas legislature passes student privacy act – Walker, J. (2017). JW News. https://www.jw.com/news/texas-legislature-passes-student-privacy-act/

Link to full source of law https:www.sao.texas.gov

Administrative law created by the state government and legislative branch State Law: https://statutes.capitol.texas.gov/

Law and legal requirements

Protects records about individuals

Identifiable information such as: name, social security number, or other identifying number

Requires written consent from individual to release records

Protection from online companies: education, technology, vendors

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Confidentiality for Students with Disabilities: Liability Cases

(The Family Educational Rights and Privacy Act [FERPA], 1974).
(Confidentiality for Students with Disabilities: Liability Case Laws, 2018).

Under the framework of Family Education Rights and Privacy Act (FERPA), this article concerns decisions about liability for disclosures of confidential information about students with disabilities. The majority of these cases were federal, and the school district was not found liable. Of the eight cases, there were only two cases that were in favor of the families.

Statutory Law: https://www.congress.gov

Zirkel, P. (2018). Zirkel-swd-confidentiality-ms.

https://perryzirkel.files.wordpress.com/2018/10/zirkel-swd-confidentiality-ms.pdf

Bulleted list about FERPA and legal requirements

Privacy of student educational information

Privacy of personal identifiable information

Privacy of directory information

Parents access to student’s educational records

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (1974).      https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

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(Texas Student Privacy Act, 2017).

A state regulation passed in 2017, is to be used by operators of websites and online services that are used, designed, and marketed primarily for school purposes. This regulation was created to protect the privacy of students when using websites and online services

Texas legislature passes student privacy act – Walker, J. (2017). JW News. https://www.jw.com/news/texas-legislature-passes-student-privacy-act/

Administrative Law: https://www.congress.gov

Legal requirements of the Texas Student Privacy Act

Only specified individuals should access student information.

Student information should be used only for school purposes.

Includes websites, online services, online applications, mobile application.

Private information provided by students, student’s parents, or district employees.

Only appropriate individuals have access to student information regarding specific services

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(Northside Independent School District Department of Guidance and Counseling, 2020)
Northside ISD Handbook

Records Management

Special Education Records – All student records are electronic in the eSTAR/eSped system. Campuses should not maintain paper folders. If campuses have paper folders of special education records, they should contact the Special Education Department for proper disposal. These records cannot be shredded on campus.

Constitutional Law: https://statutes.capitol.texas.gov/

Special Education

All records are electronic

Physical folders should not remain on the campus

Special education department responsible for disposal

Student records should not be shredded on the campus

Legal requirements are to keep special education student records private.

Special Education Records are all electronic. Campuses should not store hard copy records. If they do, the special education department should be contacted for proper disposal. These records should not be shredded on campus.

(Northside Independent School District Department of Guidance and Counseling, 2020).

Keeping student records private is important because the breach of those records could hinder the student’s growth and mental health.

Northside ISD (2020). Northside independent School district department of guidance and counseling: An information guide for counselors and administrators.

file:///C:/Users/terri/Downloads/1.%20(Yellow%20Book)%20An%20Information%20Guide%20for%20Counselors%20&%20Adminstrators%20(Revised%202020)%20(1).pdf

See attached handbook

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(Northside Independent School District Department of Guidance and Counseling, 2020).

If student information is breached, risk management strategies should

Gather team members who would aid in identifying the risk.

Determine if the status of the breach is on-going.

If the breach is on-going, take immediate action.

Document all mitigation efforts.

Ensure the team keeps the information confidential.

Incorporate a plan of action.

This is important because you want to prevent additional breaches and to ensure that the breach is appropriately addressed.

See attached handbook

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Confidentiality

Ethical dilemma: A student’s information was disclosed by his teacher unintentionally with a coworker during lunch. The teacher shared this concern with the school counselor informing her that she received this confidential information.

ACA Professional code of ethics: B.3. Information Shared With Others B.3.a. School counselors  make every effort to ensure that privacy and confidentiality of students are maintained by the individuals directly working with the student (ACA, 2014).

Application of the Ethical Decision Making Model by the school counselor

1.Identify breach of confidentiality.

2. Apply the Ethical Decision Making Model by ACA.

3. Determine the severity of the breach.

4. Generate potential steps to address the concern.

5. Consider the consequences of each step and determine      the best course of action.

6. Assess the effectiveness of the solution.

7. Follow through on the resolution.

American Counseling Association, (2014), Code of Ethics Preamble, American Counseling Association. https://www.counseling.org/resources/aca-code-of-ethics.pdf

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I learned how to apply the ethical decision-making strategies when developing a course of action with students, teachers, administrators, and parents.

As a professional, my understanding of the laws will empower me to work with students while keeping information obtained private and confidential.

I will treat students with respect and advocate for their privacy in their social and emotional growth.

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Ensure the students' privacy and confidentiality

Advocate for students to receive appropriate services needed

Develop guidelines for teachers to ensure confidentiality with student data

Advocate for parents’ access to students’ educational records

Ensure that special education records are disposed of following specific guidelines

Student information is shared solely with authorized people working directly for the student’s progress and success in academic and personal growth.

In dealing with a breach, use appropriate measures by following the school district's guidelines

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1. (Yellow Book) An Information Guide for Counselors & Adminstrators (Revised 2020) (1)

# data[].attributes.attachment_link.title
1. (Yellow Book) An Information Guide for Counselors & Adminstrators (Revised 2020) (1) (1)