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Personal Connection to the Legal and Ethical Standards 

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Personal Connection to the Legal and Ethical Standards 

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Confidentiality in the perspective of a school counselor should be viewed as a highly classified topic. I strongly believe that the handling of a situation in regards to confidentiality can make or break the confidence of students and staff within a campus and could lead to mishandling or more conflicts within the campus. It is highly important that trainings, and procedures are implemented to prevent any faltering of the situation.

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The Importance of Confidentiality within a Campus in regards to students and staff.

Confidentiality is known as preserving or withholding access to information that was presented by an individual. The information is not authorized for anyone unless legal actions are implemented or if a legal guardian of a student is requesting the information.

This padlet is to be used as a guideline in order to assist school counselors or any individual involved with confidentiality within school grounds.

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Interview w/ Sara Cienega  Professional School Counselor 

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Interview w/ Sara Cienega  Professional School Counselor 

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1) Confidentiality is a topic that is dealt on a daily basis as a school counselor(Sara Cienega, 2022). From the students, to the parents and the staff information especially sensitive information is dealt with and it is crucial that it is handled correctly. Sara mentioned that it is vital to have the laws regarding confidentiality handy in order to communicate with any party to inform the laws that protect students' information(Sara Cienega, 2022).

2) - Explain confidentiality to students, parents and staff in order to deflect any misunderstandings that could harm campus moral.
-Procedure to handle sensitive information among the counseling department to ensure information security.
-Copies of confidentiality laws and ethics that school counselors must follow to protect and guide their steps.

3) With campuses prioritizing academics such as extending teachers planning periods and having counselors play the role as a teacher, how will schools be able to balance academics and mental health services? It is highly important to catch a student up from the pandemic impacting their academic growth but will school districts look at providing mental health services just the same. It will be interesting to see the future impacts on school districts that neglect this aspect.

4) Sara Cienega, Professional School Counselor, Garfield Elementary

Cienega, S.(2022). personal communication.

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A.2. Confidentiality
School Counselors:

a. Promote awareness of school counselors’ ethical standards
and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and
information to school staff(ASCA Ethical Standards for School Counselors).

b. Inform students of the purposes, goals, techniques and rules
of procedure under which they may receive counseling. Disclosure includes informed consent and clarification of the limits of
confidentiality. Informed consent requires competence, voluntariness and knowledge on the part of students to understand
the limits of confidentiality and, therefore, can be difficult to obtain from students of certain developmental levels, English-language learners and special-needs populations. If the student
is able to give assent/consent before school counselors share
confidential information, school counselors attempt to gain the
student’s assent/consent(ASCA Ethical Standards for School Counselors).

d. Explain the limits of confidentiality in developmentally
appropriate terms through multiple methods such as student
handbooks, school counselor department websites, school counseling brochures, classroom lessons and/or verbal notification to
individual students(ASCA Ethical Standards for School Counselors).

The ASCA Ethical Standards for School Counselors is a vital tool in order for counselors to understand the domains and avenues on how to handle and discuss confidentiality within a school. Confidentiality is such a precious topic and must be dealt in the right manner.

ASCA Ethical Standards for School Counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA). (n.d.). Retrieved January 25, 2022, from https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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Wisconsin high court agrees to hear case challenging MMSD gender identity policies

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Wisconsin high court agrees to hear case challenging MMSD gender identity policies

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- Parents in a Madison Wisconsin School District claim that a new policy that keeps student information from them is a violation of the law of student confidentiality.
- Parents feel that they are entitled to know any type of information regarding their child as long as they are the legal guardian.

Tornabene, J. (2022, January 14). Wisconsin high court agrees to hear case challenging MMSD gender identity policies. MSN. https://www.msn.com/en-us/news/crime/wisconsin-high-court-agrees-to-hear-case-challenging-mmsd-gender-identity-policies/ar-AASNqvA?ocid=BingNewsSearch

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List of Recommendations/Best Practices for Compliance 

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List of Recommendations/Best Practices for Compliance 

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- Procedures within the counseling department of a campus must be developed and reviewed when handling a situation that involves confidentiality

- Trainings must be conducted to staff to explain confidentiality, the laws in each level as well as within the school district policies on discussing certain situations that involve students or staff

- Confidentiality should be explained to students and parents in order to gain their trust in school personnel in order to be assisted.

- Develop a method on communicating confidential material via mail, email or through conversation

- Keep confidentiality laws from federal, state and local handy in order to be explain when needed

- Within a school campus, explain the role that each personnel has with a student in regards to confidentiality

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Teacher is Upset with Counselor for withholding Information

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Teacher is Upset with Counselor for withholding Information

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- A 7th grade Middle School English Teacher was introduce with a new student and she felt the need to investigate more about the student due to his behavior.
- She requested to meet with the school counselor to find out the student's background and was shock to find that the School Counselor held back on diving into the student's background due to confidentiality
-the Teacher felt that the counselor was not serving her purpose on assisting the student

Fagell P. 2019, Teacher is Upset with counselor for withholding Information, Retrieved at https://kappanonline.org/fagell-teacher-counselor-withholding-information-troubled-student/

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COPPA Children's Online Privacy Protection Rule

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COPPA Children's Online Privacy Protection Rule

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-this law protects students information to be disclosed if they happen to be using any sort of online media.

Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505

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ASCA Ethical Standards for School Counselors 

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ASCA Ethical Standards for School Counselors 

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A.2. Confidentiality

School counselors:

m. Advocate for appropriate safeguards and protocols so highly sensitive student information is not disclosed accidentally to individuals who do not have a need to know such information. Best practice suggests a very limited number of educators would have access to highly sensitive information on a need-to-know basis (ASCA Ethical Standards for School Counselors).

I believe that this ethical principal protects the student's information to be disclosed in the right manner.

ASCA Ethical Standards for School Counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA). (n.d.). Retrieved January 25, 2022, from https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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ASCA Ethical Standards for School Counselors 

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ASCA Ethical Standards for School Counselors 

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A.2. Confidentiality

School counselors:

m. Advocate for appropriate safeguards and protocols so highly sensitive student information is not disclosed accidentally to individuals who do not have a need to know such information. Best practice suggests a very limited number of educators would have access to highly sensitive information on a need-to-know basis (ASCA Ethical Standards for School Counselors).

ASCA Ethical Standards for School Counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA). (n.d.). Retrieved January 25, 2022, from https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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San Felipe Del Rio CISD Student Handbook 

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San Felipe Del Rio CISD Student Handbook 

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- In order to maintain confidentiality of data when using District online applications, users must log out of the application and close the Internet browser of the computer they are using when done.

- In order to maintain confidentiality of data when using any
District applications, in or out of the District, users must take
extra precautions to restrict disclosure, access, or viewing of
data from people who do not have a need to know
(e.g., employees, family, and friends).

San Felipe Del Rio CISD. (2021). San Felipe Del Rio CISD Student Handbook. Retrieved March 1, 2022.  https://www.sfdr-cisd.org/media/sztluxla/2021-22-student-handbook_final-9-2-2021.pdf

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-This state law protects the students' state exam scores to maintain confidentiality under the Family Educational Rights and Privacy Act.

Texas Education Code Sec. 39.030

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- This state law states that student information such as academic records, performance, etc., must adhere to the Family Educational Rights and Privacy Act.

Texas Education Code. Sec. 1.005. EDUCATION RESEARCH CENTERS.

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FERPA Family Educational Rights and Privacy Act

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FERPA Family Educational Rights and Privacy Act

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- this act enforces to regulate and protect sensitive data that could be shared students educational records.

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)