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As a future professional school counselor, my role will be to provide support and guidance to students helping them navigate academic, social and emotional challenges. A fundamental aspect of this role is to uphold the ethical and legal standard surrounding student confidentiality. This commitment not only fosters a trusting relationship between students and counselors but also ensures that students feel safe to share their feelings without fear of judgment or breach of privacy.

Audience and Topic: The primary audience for my guide on student confidentiality includes current and future educators, school administrators and mental health professionals. Additionally, it can also be beneficial for students and their families, as they are key stakeholders in the counseling process and should be informed about their rights to confidentiality.

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In my field of practice as a future professional school counselor, understadning the role of governing agencies at both federal and state levels is crucial. The primary agencies that influence school counseling practices include:

1. U.S Department of Education:

This federal agency oversees national education policies and programs. It provides guidance on various issues, including student privacy laws, such as the topic of conversation, confidentiality.

2. Texas Education Agency (TEA):

As the state agency responsible for overseeing public education in Texas, the TEA plays a vital role in setting educational standards policies, and guidelines for school counselors.

What I've Learned:

Through my studies, I've learned that governing bodies like the U.S Department of Education and the Texas Education Agency serve as essential pillars for accountability in the education system. They establish regulations that ensure schools adhere to ethical standards and legal requirements, particularly concerning student confidentiality and the protection of student rights.

Federal Accountability:

The U.S Department of Education holds schools accountable for compliance with federal laws that govern education, including those related to student privacy. They monitor and enforce regulations to ensure school counselors maintain confidentiality and protect students' personal information.

State Accountability:

The TEA is responsible for implementing state laws and regulations that impact school counseling practices. This includes providing guidelines on ethical standards for counselors, offering professional development opportunities, and ensuring that counselors are aware of and adhere to the state-specific laws on students confidentiality.

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Federal Laws

Family Educational Rights and Privacy Act (FERPA)

Source of Law: 20 U.S.C § 1232g

Legal requirements:

Grants parents and eligible students (18 years or older) the right to access and review educational records.

Requires written consent from parents to eligible students before disclosing personally identifiable information (PII) from education records,

Mandates that schools inform students and parents about their rights under FERPA.

Individuals with Disabilities Education Act (IDEA)

Source of Law: 20 U.S.C § 1400 et seq.

Legal Requirements:

Protects the confidentiality of students with disabilities by ensuring that their educational records are kept private.

Requires schools to provide safeguards around the confidentiality pf personally identifiable information in special education records.

Parents have the right to inspect and review records related to their child's special education.

State Law

Texas Education Code § 26.005

Source of Law: Texas Education Code

Legal Requirements:

Ensures that parents have access to their children's education records, while also protecting student privacy.

Requires written consent from a parent of guardian to release any personally information.

Mandates that school districts establish policies to maintain the confidentiality of student records.

(Family Educational Rights and Privacy Act, 1947)

(Individuals with Disabilities Education Act, 2004)

(Texas Education Code, § 26.005, 2023)

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State Statute: One important statute that impacts student confidentiality for school counselors is Texas Education Code §33.007 which addresses the confidentiality of student information and records in the context of school counseling and mental health services. Violating confidentiality provisions can lead to legal consequences for school counselors, including lawsuits from students or parents for breach of confidentiality (Tex. Educ. Code § 33.007).

Source of Law: Texas Education Code

State Administration Law: Texas Administrative Code (TAC) chapter school counselors, outlines the professional standards and ethical practices for school counselors. It includes guidelines for regarding maintaining the confidentiality of student information, expect in cases where there is risk of harm or where reporting is mandated by law. Not adhering to these standards could lead to disciplinary action from the TEA (19 Tex. Admin.).

Source of Law: Texas Government Code

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Family Educational Rights and Privacy Act (FERPA)

Description: While not a case law per se, FERPA is a significant federal law that protects the privacy of student education records. It gives parents and eligible students (18 years or older) the right to access educational records and restricts the disclosure of personally identifiable information without consent.

Source of Law: United States Code - 20 U.S.C § 1232g

Key Case: Owasso Independent School District v. Falvo (2002)

Summary: The U.S. Supreme Court ruled that peer grading was not a violation of FERPA, clarifying what constitutes "education records" under the law.

Goss v. Lopez (1975)

Description: This case established that students have a right to due process before being suspended from school.

Key Point: The ruling emphasized that students' rights must be protected, including confidentiality regarding disciplinary actions.

Tinker v. Des Moines Independent Community School District (1969)

Description: This landmark case affirmed students' rights to free speech in schools.

Key Point: While primarily about free speech, it highlights the importance of students' rights and the need for confidentiality in discussions about their expressions and opinions.

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Family Educational Rights and Privacy Act (FERPA)

One significant regulation affecting student confidentiality in the US is the Family Educational Rights and Privacy Act (FERPA). The primary purpose of FERPA is to protect the privacy of student education records and to give parents and eligible students (18 years or older) the right to access and control disclosure of those records. FERPA plays a crucial role in maintaining student confidentiality by establishing strict guidelines on how educational institutions handle student records (45 CFR Parts 160, 162, and 164). School counselors are direct employees that handle student records, daily.

Source of Law: 20 U.S.C. § 1232g

Legal Requirements:

Grants parents and eligible students (18 years or older) the right to access and review educational records.

Requires written consent from parents to eligible students before disclosing personally identifiable information (PII) from education records,

Mandates that schools inform students and parents about their rights under FERPA.

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Local Rule:

According to Burnet Consolidated Independent School District (BCISD) in the standards of conduct, employees must maintain confidentiality in all matters relating to students and co workers (BCISD handbook, 2023). It also states “All district employees should perform their duties in accordance with state and federal law, district policies and procedures, and ethical standards. Violation of policies, regulations, or guidelines, including intentionally making a false claim, offering false statements, or refusing to cooperate with a district investigation may result in disciplinary action, up to and including termination” (BCISD handbook, 2023).

One example related to informed consent from the BSICD handbook states, “Teachers and staff should be familiar with the district’s policies and procedures for attendance accounting. These procedures require minor students to have parental consent before they are allowed to leave campus. When absent from school, the student upon returning to school, must bring a note signed by the parent that describes the reason for the absence. These requirements are addressed in campus training and in the student handbook. Contact the campus principal for additional information” (BCISD handbook, 2023).

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Risk management steps would include:

Training and education - Regularly trained staff and counselors on confidentiality laws (like FERPA) and ethical guidelines to ensure everyone understands their responsibilities regarding student information.

Clear policies and procedures - Develop and maintain clear policies regarding the handling of student information. Make sure these policies outline who has access to student records and under what circumstances information can be shared.

Why are these important?

Safeguarding Sensitive Data

Compliance and Legal Requirements

Building Trust and Reputation

Example: A counselor has been working with a student and the student discloses sensitive information with her about the family and ongoing therapy. Later during a staff meeting, the counselor discusses the situation about the student and uses the students full name. By sharing the identifiable information, the counselor has violated FERPA regulations, which protect the privacy of student education records, including information shared in a counseling context (20 U.S.C §1232g).

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One of the most widely recognized codes is provided by the American School Counselors Association (ASCA). The ASCA Code of Ethics outlines standards for professional behavior and practices for school counselors. Two of the key components of the code of ethics is directly related to my topics.

1. Confidentiality: Counselors are required to maintain the confidentiality of student information. This means that personal information shared by students during counseling sessions should not be disclosed without the students’ consent , except in specific situations (e.g., harm to self, abuse or legal requirements)

2.  Informed Consent: Counselors are obligated to inform students and their parents about the limits of confidentiality and the circumstances under which information may be shared. This process is critical for ensuring that students understand their rights regarding personal information (ASCA, 2024).

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My personal connection to legal and ethical standards has significantly shaped my journey toward becoming a school counselor. Growing up, I witnessed the profound impact that confidentiality and trust can have on a student’s well-being, which instilled in me a deep respect for the ethical responsibilities of educators. Understanding the importance of laws like FERPA has reinforced my commitment to protecting student privacy and ensuring that their personal information remains confidential. This awareness has guided my academic pursuits, motivating me to study child psychology and educational ethics rigorously. Additionally, my involvement in community service has exposed me to diverse student experiences, highlighting the ethical duty to advocate for vulnerable populations. Ultimately, these experiences and values have paved the way for my educational goals, as I aspire to create a safe and supportive environment for all students as a school counselor.

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Implement Comprehensive Training Programs: Provide regular training for all staff on laws governing student confidentiality, such as FERPA, and best practices for handling sensitive information.

Establish Clear Policies and Procedures: Develop and disseminate clear policies regarding the handling, storage, and sharing of student records to ensure that all staff understand their responsibilities.

Limit Access to Sensitive Information: Ensure that access to student records and personal information is restricted to authorized personnel only, based on a "need-to-know" basis.

Utilize Secure Technology Solutions: Invest in secure data management systems and encryption tools to protect electronic records from unauthorized access and breaches.

Conduct Regular Audits and Assessments: Perform regular audits of confidentiality practices and data security measures to identify potential vulnerabilities and ensure compliance with legal standards.

Encourage Open Communication: Foster an environment where students and parents feel comfortable discussing their concerns about confidentiality and privacy, ensuring their voices are heard and respected.