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Field: School counseling in K-12 education, supporting student mental health and well-being.

Audience: School counselors, educators, administrators, and legal professionals.

Topic: Confidentiality and privacy laws that govern school counseling practices.

Why Chosen: Confidentiality ensures trust and promotes effective counseling relationships with students.

Importance: This topic aligns with ethical principles and ensures legal compliance in practice.

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Federal Agency: U.S. Department of Education, overseeing student rights and privacy laws.

State Agencies: State-level departments of education, establishing local school policies.

Accountability: Agencies enforce compliance with federal and state laws on student confidentiality.

Federal Regulations: FERPA (Family Educational Rights and Privacy Act) sets privacy standards.

State Role: Each state adapts FERPA to local educational contexts and policies.

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The Family Educational Rights and Privacy Act (FERPA) is one crucial federal statute regulating student educational data privacy. Enacted in 1974, it restricts who can access school data without permission and guarantees that parents and qualified students (over 18) have access to them. The law also requires schools to obtain written consent before releasing information about students to third parties (20 U.S.C. § 1232g).

Source of Law: U.S. Department of Education, FERPA.

In-text Citation: 20 U.S.C. § 1232g.

Link to Law: https://studentprivacy.ed.gov/ferpa

Legal Requirements:

Parents or eligible students must provide written consent before disclosure.

Schools must notify parents of their rights regarding education records.

Violations can result in the loss of federal funding.

Student data must be kept confidential except in specified circumstances.

Schools are required to establish proper procedures for protecting student records.

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At the state level, Texas has enacted legislation paralleling FERPA with additional provisions tailored to regional needs. This includes the Texas Education Code, which provides specific guidance for the protection of student educational records.

State Law: Texas Education Code, Section 26.004.

In-text Citation: Tex. Ed. Code § 26.004

Link to Law: https://statutes.capitol.texas.gov

Legal Requirements:

Ensures student records are kept confidential and establishes guidelines for access and release.

Parental or guardian consent is required for the disclosure of educational records, except as permitted by law.

Local educational agencies must align their policies with state law, ensuring compliance with both state and federal regulations.

Violations of these policies can result in administrative penalties or legal repercussions for the institution.

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Statute: The Children’s Online Privacy Protection Act (COPPA) regulates the collection of personal information from children under the age of 13. This statute is critical in the context of school counseling because many educational platforms collect student data online. COPPA ensures that such data is collected with explicit parental consent and that schools comply with privacy standards.

Source of Law: Federal Trade Commission (FTC), COPPA.

In-text Citation: 15 U.S.C. § 6501.

Link to Law: https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

Legal Requirements:

Schools must obtain verifiable parental consent for data collection.

Schools must post a privacy policy outlining the collection and use of data.

Restrictions on sharing personal data with third parties.

Schools must provide parents with access to their child’s information.

Schools must ensure the security of the collected data.

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Administrative Law: FERPA Regulations (34 C.F.R. § 99) detail how schools must handle student records. These regulations enforce FERPA's statutory provisions and specify the procedures for obtaining consent and handling violations.

Source of Law: U.S. Department of Education, FERPA Regulations.

In-text Citation: 34 C.F.R. § 99.

Link to Law: FERPA Regulations

Legal Requirements:

Schools must have written policies for record-keeping and disclosure.

Schools must ensure records are accessible to parents and eligible students.

Violations of FERPA can lead to a loss of federal funding.

Establishes procedures for maintaining and disclosing records.

Sets guidelines for how long records must be kept and destroyed

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Case Law: Tinker v. Des Moines Independent Community School District (1969) established students' constitutional rights in public schools, including their right to privacy. In this case, the U.S. Supreme Court ruled that students' First Amendment rights, including the right to free expression, are protected unless their actions disrupt the educational environment.

Source of Law: U.S. Supreme Court, Tinker v. Des Moines.

In-text Citation: 393 U.S. 503.

Link to Case: https://supreme.justia.com/cases/federal/us/393/503/

Legal Requirements:

Protects students’ free speech and expression within school boundaries.

Schools must balance free speech with maintaining an orderly educational environment.

Students have the right to privacy regarding their personal expression and communications.

Any infringement on these rights must be supported by a compelling educational interest.

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Case Law: Goss v. Lopez (1975) further extended students' constitutional rights, ensuring due process in school disciplinary proceedings. It affirmed that students have a right to privacy in certain school records, including disciplinary actions, and due process when those records are involved.

Source of Law: U.S. Supreme Court, Goss v. Lopez.

In-text Citation: 419 U.S. 565.

Link to Case: https://supreme.justia.com/cases/federal/us/419/565/

Legal Requirements:

Schools must provide students with notice and a hearing before discipline is imposed.

Student privacy rights must be respected during disciplinary actions.

Educational records related to disciplinary actions must be handled with confidentiality.

Due process protections are extended to students when their records are involved.

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Federal Regulation: FERPA Regulations (34 C.F.R. § 99) establish specific procedures for the disclosure of student records in compliance with FERPA. These regulations ensure that educational institutions maintain the confidentiality of student information and protect students' privacy rights.

Source of Law: U.S. Department of Education, FERPA Regulations.

In-text Citation: 34 C.F.R. § 99.

Link to Law: https://www.ecfr.gov/current/title-34/subtitle-A/part-99

Legal Requirements:

Schools must obtain parental consent before disclosing student records.

Students and parents must be informed of their rights regarding record access.

Schools are required to maintain confidentiality and secure handling of student records.

FERPA mandates the creation of policies to address consent and record security.

Violations of FERPA regulations can result in penalties, including loss of federal funding.

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In compliance with federal and state regulations on student privacy, Texas school districts enforce specific policies to protect student data. For example, the Texas Education Agency (TEA) provides frameworks and resources to support local school districts in adhering to FERPA and state law.

Source of Law: Texas Education Agency Policies.

In-text Citation: TEA Policy on Student Records.

Link to Policy: https://tea.texas.gov

Legal Requirements:

Local district policies require strict protection of student records and mandate explicit parental consent for data release, barring legal exceptions.

Students and their guardians have the right to access and review educational records under district policy.

Districts must prevent unauthorized disclosure of student information, implementing stringent security protocols

.Local rules align with FERPA but may include enhanced protections or procedural requirements unique to Texas.

Non-compliance can result in disciplinary actions or potential legal consequences for the district.

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Confidentiality Training: Consistent instruction on state and FERPA privacy rules guarantees that employees comprehend and appropriately implement privacy requirements.

Data Security: Establish safe procedures for sending and keeping student records. Shield documents from breaches or illegal access.

Explicit Consent Procedures: Clearly define the steps for getting written consent. Lowers the possibility of unintentional exposures or breaches.

Internal Audits: Consistent evaluations of compliance and confidentiality procedures find possible non-compliance problems before they become serious.

Incident Response Plan: Establish a procedure for dealing with confidentiality violations; this guarantees a prompt and efficient reaction in the event of a breach.

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Professional Code: ACA (American Counseling Association) Code of Ethics.

Confidentiality is a core ethical principle, emphasizing client trust.

In-text Citation: American Counseling Association, 2014.

Link to code: https://www.counseling.org/Resources/ACA-Code-of-Ethics.pdf

Key Principle: Counselors must respect clients' privacy and inform them of limitations.

Dilemma: Ethical challenges arise when legal obligations conflict with client privacy.

Interpretation: Counselors must balance legal requirements with ethical confidentiality duties.

Relevance: Ensures student safety while maintaining the integrity of counseling relationships.

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Personal Connection to Legal and Ethical Standards

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Personal Connection to Legal and Ethical Standards

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Legal Understanding: My understanding of ethical counselling practices has grown due to studying confidentiality laws.

Ethical Reflection: I can handle challenging circumstances honestly and clearly, thanks to these norms.

Personal Insight: My dedication to providing ethical therapy is strengthened by my understanding of the value of confidentiality.

Connection: The foundation for polite, moral relationships with kids is provided by legal requirements.

Educational Path: I will use these lessons to inform how I handle student privacy in the future.

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Recommendations / Best Practices for Compliance

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Recommendations / Best Practices for Compliance

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Implement and communicate Clear Policies on confidentiality and privacy.

Provide regular training to staff on legal and ethical standards.

Use secure platforms for storing sensitive student data.

Ensure written consent is collected before sharing student records.

Conduct regular audits to ensure adherence to privacy laws and regulations.

Educate students and parents about their rights under FERPA and HIPAA.

Have a plan in place for responding to confidentiality breaches.

Review and update policies often to reflect evolving legal requirements and industry best practices.

To handle complicated privacy problems, collaborate with legal experts.

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•U.S. Department of Education. (n.d.). Family Educational Rights and Privacy Act (FERPA). U.S. Department of Education.
https://studentprivacy.ed.gov/ferpa

•California Legislative Information. (n.d.). Education Code - EDC, Section 49073.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=49073.&lawCode=EDC

•Federal Trade Commission. (n.d.). Children’s Online Privacy Protection Act (COPPA).
https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

•U.S. Department of Education. (n.d.). Family Educational Rights and Privacy Act (FERPA) regulations (34 C.F.R. § 99).
https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-99
U.S. Supreme Court. (1969). Tinker v. Des Moines Independent Community School District, 393 U.S. 503.
https://supreme.justia.com/cases/federal/us/393/503/

•U.S. Supreme Court. (1975). Goss v. Lopez, 419 U.S. 565.
https://supreme.justia.com/cases/federal/us/419/565/
New York City Department of Education. (n.d.). Student records and privacy. New York City Department of Education.
https://www.schools.nyc.gov/school-life/policies-for-students

•American Counseling Association. (2014). ACA code of ethics. American Counseling Association.
https://www.counseling.org/Resources/ACA-Code-of-Ethics.pdf