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Professional Perspective:
I am an elementary school counselor and in this position, I will be responsible for supporting students' academic, social, and emotional development while also navigating important legal and ethical boundaries. One of the most sensitive responsibilities in this role is managing the confidentiality of student information, particularly when it intersects with parental rights and school policy. “School counselors are ethically obligated to protect the confidentiality of students’ disclosures while balancing the legal rights of parents and guardians” (American School Counselor Association, 2022, A.2.e).

Audience:
This guide is intended for school counselors, administrators, and educational staff who need to understand the legal and ethical considerations surrounding student privacy. It will also be useful for those involved in creating, interpreting, or implementing school policies that involve parent access to student records or personal disclosures.

Topic:
Student Confidentiality vs. Parental Rights

Why I Chose This Topic:
I chose the topic Student Confidentiality vs. Parental Rights because it represents one of the most complex and emotionally charged issues I will face as an elementary school counselor. As someone who is passionate about creating safe, trusting spaces for students, I recognize how delicate it is to balance legal obligations to parents with the ethical responsibility to protect student disclosures. Throughout this course, I’ve learned that confidentiality is not just a matter of ethics; it’s also governed by layered laws, including FERPA (Family Educational Rights and Privacy Act, 1974), the Texas Education Code (Texas Education Code § 26.004, 2023), and district-level policies (Paradise ISD, 2023). The consequences of misinterpreting these can be significant, especially for students experiencing trauma or high-risk family dynamics. This topic feels especially important to me after exploring real-world examples where well-intentioned actions unintentionally caused harm. I want to be fully prepared to navigate these situations in a way that upholds both the law and the best interests of the student (American School Counselor Association, 2022).

References

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974). https://www.law.cornell.edu/uscode/text/20/1232g

Paradise ISD. (2023). FJ (LEGAL): Student Records. https://pol.tasb.org/Policy/Code/1261?filter=FJ

Texas Education Code § 26.004. (2023). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

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Federal Governing Agency: U.S. Department of Education (DOE)

Oversees the enforcement of FERPA (Family Educational Rights and Privacy Act), which governs the privacy of student education records.

Provides regulations and offers guidance to school personnel on balancing student confidentiality and parental rights.

Ensures compliance through the Family Policy Compliance Office, which investigates complaints and offers interpretation of FERPA laws.

Supports student protections through broader initiatives focused on civil rights and safe learning environments.

State Governing Agency: Texas Education Agency (TEA)

Administers and enforces the Texas Education Code, including §§26.004 and 26.009, which outline parental rights regarding student records and psychological evaluations.

Works with school districts to interpret and apply state policies in alignment with FERPA.

Oversees local implementation of school counseling services and provides compliance frameworks for school personnel.

Supports training, guidance documents, and TEKS-aligned policy development for school districts.

Summary:

These two agencies, the U.S. Department of Education (DOE) at the federal level and the Texas Education Agency (TEA) at the state level, play a critical role in regulating how schools handle student information, enforce parental rights, and protect student confidentiality. The DOE, through FERPA and its enforcement arm (the Family Policy Compliance Office), provides the legal backbone for student record protections and sets expectations for how school personnel must respond to privacy concerns (Family Educational Rights and Privacy Act, 1974; U.S. Department of Education, 2023).

The TEA supplements these federal protections by interpreting and enforcing state-specific laws such as Texas Education Code §§ 26.004 and 26.009, ensuring that local districts honor both legal and ethical requirements in student data use and counselor practice (Texas Education Code, 2023).

From studying these agencies, I’ve learned that governing bodies are not only regulatory enforcers but also educators, offering ongoing training, compliance tools, and support to ensure that schools act both legally and ethically (Texas Education Agency, 2023). Their overlapping roles help clarify counselor responsibilities, mitigate liability, and promote safe school environments. Understanding the accountability structures of both agencies empowers me, as a school counselor, to navigate confidentiality dilemmas confidently while advocating for student safety and family trust.

References

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974). https://www.law.cornell.edu/uscode/text/20/1232g

Texas Education Agency. (2023). Parent and student engagement and privacy.https://tea.texas.gov

Texas Education Code § 26.004. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

Texas Education Code § 26.009. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

U.S. Department of Education. (2023). FERPA general guidance for parents. https://studentprivacy.ed.gov

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Slide #3 – Federal & State Constitutional Law

Federal Constitutional Law

Source of Law: U.S. Constitution – Fourteenth Amendment (Due Process Clause)

In-text citation: U.S. Const. amend. XIV

Link to full text: https://constitution.congress.gov/constitution/amendment-14/

Summary:

Establishes the right to due process, which courts have interpreted to include certain privacy protections.

Has been used in key cases involving parental rights to direct their child’s upbringing and access educational records.

Also supports student privacy rights, especially when their safety or autonomy is at risk.

The Due Process Clause underlies many legal debates over school disclosures, especially when confidentiality and parental authority conflict.

State Constitutional Law (Texas)

Source of Law: Texas Constitution – Article I, Section 19 (Due Course of Law)

In-text citation: Tex. Const. art. I, § 19

Link to full text: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

Summary:

Mirrors the federal Due Process Clause. Protects individual rights and liberties, including privacy.

Texas courts have used this provision to affirm parental rights over educational and health decisions.

Also used to support student protections, especially in school settings involving disciplinary action or personal safety.

Reinforces the state’s obligation to balance parental access with student welfare.

Information:

These constitutional foundations provide a legal framework for balancing the rights of students and their parents. While parents typically have access to records and decision-making, both federal and state constitutions also protect individual privacy and safety, creating important space for school counselors to act ethically within the law.

References

Tex. Const. art. I, § 19. https://statutes.capitol.texas.gov/

U.S. Const. amend. XIV. https://constitution.congress.gov/constitution/amendment-14/

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Statute (Federal Law): Family Educational Rights and Privacy Act (FERPA)

Source of Law: Federal Statute – 20 U.S.C. § 1232g

In-text citation: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974)

Link to full text: https://www.law.cornell.edu/uscode/text/20/1232g

Summary:

Grants parents the right to access and request correction of their child’s educational records.

Allows disclosure of certain “directory information” unless parents opt out annually.

Once students turn 18 or enter postsecondary school, rights transfer to the student (“eligible student”).

FERPA forms the legal backbone for school confidentiality decisions and requires annual notice of rights from school districts.

Administrative Law (State Level): Texas Administrative Code §239.15

Source of Law: State Administrative Code – 19 Tex. Admin. Code §239.15

In-text citation: 19 Tex. Admin. Code §239.15

Link to full text: https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-239-15

Summary:

Outlines standards required for Texas school counselor certification.

Requires counselors to maintain confidentiality unless disclosure is required or permitted by law.

Emphasizes the need for legal and ethical decision-making in counseling practice.

Supports student safety and welfare while ensuring compliance with legal frameworks such as FERPA and the Texas Education Code.

Additional Information:

FERPA gives federal guidance on record access and privacy, while the Texas Admin. Code defines how school counselors are expected to apply that guidance ethically and professionally.

References

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974). https://www.law.cornell.edu/uscode/text/20/1232g

Texas Administrative Code. (2023). 19 Tex. Admin. Code § 239.15. https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-239-15

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Attorney General Opinion: RQ‑0506‑JC (2002)

Source of Law: Common Law (Texas Attorney General Opinion)

In-text citation: Tex. Att’y Gen., Op. No. RQ‑0506‑JC, 2002 Tex. AG LEXIS 173 (Tex. A.G. June 26, 2002)

Link to full text: https://www.texasattorneygeneral.gov/sites/default/files/request-files/request/2002/RQ0506JC.pdf

Summary:

Interprets Texas Education Code § 26.004 regarding parental access to student counseling records.

Clarifies that school counselors who are not licensed mental health professionals generally cannot deny parents access to records.

States that only licensed mental health professionals may withhold records if they determine that release would harm the child, and only if the records are not part of the official school file.

Emphasizes the importance of proper documentation and clear legal roles in protecting student confidentiality.

References

Texas Attorney General. (2002). Tex. Att’y Gen. Op. No. RQ‑0506‑JC, 2002 Tex. AG LEXIS 173 (Tex. A.G. June 26, 2002). https://www.texasattorneygeneral.gov/sites/default/files/request-files/request/2002/RQ0506JC.pdf

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Federal Regulation: 34 C.F.R. Part 99 – FERPA Regulations

Source of Law: Code of Federal Regulations

In-text citation: 34 C.F.R. § 99 (2023)

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

Summary:

These are the official FERPA regulations issued by the U.S. Department of Education.

Clarifies how and when schools may release student education records without prior consent. For example, health/safety emergencies, directory information, and subpoenas.

Requires schools to provide annual notice to parents of their FERPA rights and the option to opt out of sharing directory information.

Identifies “parent” as a legal guardian or individual acting in place of a parent, reinforcing the scope of who has rights under FERPA.

Regulation aligns with ethical obligations of school counselors to maintain confidentiality except when disclosure is legally mandated.

References

Code of Federal Regulations. (2023). 34 C.F.R. § 99. https://www.ecfr.gov/current/title-34/subtitle-A/part-99

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Local Policy: Paradise ISD – FJ (LEGAL): Student Records

Source of Law: Paradise ISD Board Policy

In-text citation: Paradise ISD, FJ (LEGAL) (2023)

Link to full policy: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1261&code=FL#legalTabContent

Summary:

Reaffirms parental rights under FERPA to inspect, review, and request amendment of student records.

Requires the district to notify parents annually of their FERPA rights, including the right to opt out of directory information disclosure.

Emphasizes that personally identifiable information cannot be released without written consent, except in limited exceptions defined by law (e.g., health/safety emergencies).

Aligns with federal law and local procedures for student data management and public disclosures (e.g., honor roll postings, media releases).

Places responsibility on local school officials to maintain accurate, up-to-date records of consent and disclosure permissions.

Local Rule: Paradise ISD – FFE (LOCAL):

Student Safety / Counseling Services

In-text citation: Paradise ISD, FFE (LOCAL) (2023)

Link to policy index: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1261&code=FFEB#legalTabContent

Summary:

Directs the district to provide counseling services that protect student confidentiality and well-being.

Recognizes the counselor's ethical responsibility to respect student disclosures unless disclosure is legally mandated.

Emphasizes staff training in recognizing and responding to sensitive situations involving student safety and privacy.

Encourages collaboration between school personnel and parents while respecting ethical boundaries.

Reinforces local commitment to trauma-informed, legally compliant counseling practices.

References

Paradise ISD. (2023). FJ (LEGAL): Student Records. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1261&code=FL#legalTabContent

Paradise ISD. (2023). FFE (LOCAL): Student Welfare—Counseling Services. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1261&code=FFEB#legalTabContent

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Policy Code FFEB – Counseling and Mental Health: Mental Health – Paradise ISD Board Policy Manual - Policy Online

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Note: For information about mental health curriculum and SHAC responsibilities, see EHAA. For information about threat assessments, see FFB. For personnel information about mental health professionals, see DP.

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Risk Management Strategy #1:

Implement Clear FERPA Opt-Out Procedures

Schools must provide annual notice of FERPA rights, including the ability for parents to opt out of directory information disclosures.

Ensure families, especially those in high-risk or protective situations, understand these rights during enrollment.

Maintain written records of consent and opt-out status in student files.

In-text citation: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974); 34 C.F.R. § 99

Risk Management Strategy #2:

Train Staff on Confidentiality Protocols and Exceptions

All school personnel should receive annual training on FERPA, state law, and local policies.

Include training on how to handle sensitive disclosures, what qualifies as directory information, and when parental consent is required.

Address trauma-informed practices when dealing with students from high-conflict family backgrounds.

In-text citation: Texas Education Code § 26.004 (2023); Paradise ISD FJ (LEGAL) (2023)

Risk Management Strategy #3:

Establish School-Wide Confidentiality Flags and Safeguards

Use your student information system to flag confidentiality needs. For example, custody orders, domestic violence concerns, and FERPA opt-outs.

Ensure only authorized personnel can access or release student data.

Have clear protocols for public recognition to confirm parental permission before publication.

In-text citation: ASCA Ethical Standards, A.2.e (2022); Texas Admin. Code §239.15 (2023)

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Ethical Code Item: ASCA Ethical Standards for School Counselors – Section A.2.e

“School counselors keep information confidential unless disclosure is required to prevent serious and foreseeable harm to the student or others or is required by law or a school official for legitimate educational interests” (American School Counselor Association, 2022, A.2.e).

Link to full code:
https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

Explanation of Connection to Topic:

This principle emphasizes the ethical obligation of school counselors to protect student confidentiality, unless a situation meets clear criteria for disclosure.

In cases where parents request information about a student's counseling sessions, emotions, or identity, the counselor must weigh legal mandates against the student’s best interest and safety.

This ethical standard reinforces that counselors must not automatically defer to parental requests, especially when doing so may place the student at risk.

Aligns directly with Student Confidentiality vs. Parental Rights, especially in elementary school settings where students are still developing autonomy but are also vulnerable.

The ASCA ethical principle affirms that protecting student privacy is foundational, even when difficult, and provides a professional guidepost when laws and expectations are unclear or in conflict.

Reference

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

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Overview: How the Context Helped Me Understand the Law

Learning about the intersection of student confidentiality and parental rights has deepened my understanding of how school counselors must navigate not only relationships but also layered legal and ethical obligations. Before this course, I didn’t fully realize the extent to which local policies, federal mandates, and professional codes must work in harmony. Through this topic, I’ve learned how essential it is to advocate for students while staying legally compliant and ethically grounded.

Three Sentences on My Feelings and Educational Goals

1. This topic reaffirmed my belief that trust is the foundation of student support, particularly for vulnerable or high-risk students.

2. I feel more prepared to use FERPA, ASCA standards, and Texas law to guide my decisions with clarity and compassion, and confidence.

3. Understanding these legal and ethical standards has deepened my commitment to staying informed of the ever-changing law and responsibilities regarding student confidentiality in Texas.

References

American School Counselor Association. (2022). ASCA ethical standards for school counselors.

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

Texas Administrative Code. (2023). 19 Tex. Admin. Code § 239.15.

Texas Education Code § 26.004.

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Recommendations for Legal and Ethical Practice in School Counseling:

1. Provide clear FERPA notifications annually to all parents/guardians and ensure opt-out forms for directory information are accessible and explained during enrollment.
(Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g)

2. Develop a system for flagging sensitive family situations, such as custody issues, protective orders, or trauma-related cases, to prevent unintended disclosures.
(Texas Education Code § 26.004)

3. Consult ASCA Ethical Standards when in doubt, particularly when balancing parental rights with a student’s right to confidentiality and safety.
(ASCA, 2022, A.2.e)

4. Conduct annual staff training on student confidentiality and parental access, emphasizing trauma-informed approaches and local policy updates.
(19 Tex. Admin. Code §239.15)

5. Maintain updated written documentation of parent consent or opt-out preferences regarding the release of student information (e.g., honor rolls, media).
(Paradise ISD FJ (LEGAL))

6. Collaborate with campus administrators and FERPA officers when ethical dilemmas arise to ensure both legal compliance and student-centered outcomes.

7. Avoid unnecessary disclosures of student information, even when permitted under FERPA, if doing so could compromise the trust or safety of students.

8. When a conflict arises between ethical duties and legal mandates, document your decision-making process, consult with leadership, and advocate for the welfare of students.

References

American School Counselor Association. (2022). ASCA ethical standards for school counselors.

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

Paradise ISD. (2023). FJ (LEGAL): Student Records.

Texas Administrative Code. (2023). 19 Tex. Admin. Code § 239.15.

Texas Education Code § 26.004.