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Confidentiality and Its Boundaries When Student Safety Is at Stake

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Confidentiality and Its Boundaries When Student Safety Is at Stake

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Confidentiality and Its Boundaries

When Student Safety Is at Stake

Imelda Lozano

Department of Curriculum & Instruction, Angelo State University

EDG 6305 Legal and Ethical Principles

Dr. Brook Dickinson

October 5, 2025

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As a future school counselor in Texas with more than ten years of teaching experience, I understand that the key component of counseling partnerships is trust. Parents, teachers, and administrators who might not understand the complexities of counseling confidentiality are among my audience members. Since it is one of the most difficult ethical and legal dilemmas in school counseling, I chose to write about Confidentiality and Its Boundaries When Student Safety Is at Stake. The American School Counselor Association's (ASCA) Ethical Standards (2022) state that counselors have to act in the best interests of students' safety and inform students about limits of confidentiality. This guide will clarify why counselors must legally and morally breach confidentiality when safety is at risk, as well as how confidentiality builds trust.

Citation: (ASCA, 2022)

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Federal Constitutional Law

U.S. Constitution – 14th Amendment (Due Process and Equal Protection Clauses)

https://www.archives.gov/founding-docs/amendments-11-27#toc-amendment-xiv

Ensures that everyone is given the same legal protections.

Safeguards students' rights to due process and equity in learning environments.

Lays the groundwork for making sure that school rules don't discriminate against students or infringe on their rights to safety and privacy.

Supports counselors' legal obligations to ensure safety while upholding their duty to respect students' autonomy.

U.S. Constitution – 4th Amendment (Right to Privacy)

https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-iv

Protects people against unreasonable searches and privacy violations.

Lays foundations for student privacy rights in educational settings.

Relates directly to counseling confidentiality, guaranteeing that private conversations are kept safe unless there are safety concerns.

State Constitutional Law

Texas Constitution – Article I, Bill of Rights

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

Supports the fundamental rights guaranteed by Texas law, including equality, liberty, and life.

Safeguards student privacy and welfare within the educational system.

Supports school counselors' ethical and legal duty to protect the confidentiality of students while reporting safety threats as mandated by law.

Reinforces that protection and privacy are fundamental principles in Texas education.

Citation: (U.S. Const. amend. IV; U.S. Const. amend. XIV)

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Case 1: Tarasoff v. Regents of the University of California (1976)

Source of Law: Common Law – Duty to Warn / Duty to Protect

https://law.justia.com/cases/california/supreme-court/3d/17/425.html

When a client poses a substantial risk of violence to others, a counselor has a "duty to warn" or "duty to protect," as established by this historic case.

According to the court, mental health providers are required by law to take reasonable precautions to shield identifiable prospective victims.

Despite the fact that this case started in California, the responsibility to warn concept affects moral and legal behavior all around the country.

This precedent encourages violating confidentiality in school counseling when there is a risk to the safety of students or others.

Case 2: Owasso Independent School District v. Falvo (2002)

Source of Law: Common Law – Interpretation of FERPA and Student Privacy

https://www.law.cornell.edu/supct/html/00-1073.ZO.html

Peer-graded assignments are not in violation of the Family Educational Rights and Privacy Act (FERPA), according to a ruling by the U.S. Supreme Court.

Explained under FERPA, not all classroom activities are regarded as educational records.

Emphasized that recorded material in official student files—not in everyday academic interactions—is protected by FERPA.

The extent of FERPA and the significance of maintaining confidentiality for official counseling and educational records are both clarified for counselors by this case.

Citation: (Tarasoff v. Regents of the Univ. of Cal., 1976, Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 2002)

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Federal Statute: FERPA (20 U.S.C. §1232g). Protects educational records; allows disclosure during health/safety emergencies.

https://www.govinfo.gov/content/pkg/USCODE-2021-title20/pdf/USCODE-2021-title20-chap31-subchapIII-part4-sec1232g.pdf

The confidentiality of student academic records is safeguarded by FERPA.

Grants the right to view and examine educational records to parents and eligible students who are at least 18 years old.

Requires written agreement before sharing personally identifiable information, with the exception of certain circumstances (e.g., emergency involving health or safety).

Allows schools to share information without permission when it's required to safeguard students' or others' health or safety.

When handling sensitive student data, school counselors are required to adhere to FERPA regulations.

Texas Family Code §261.101 (Administrative Law): Requires mandatory reporting of suspected child abuse by any professional (including counselors).

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Requires that anyone who suspects child abuse or neglect—including administrators, teachers, and school counselors—report it right away.

Within 48 hours of initially suspecting abuse, a report must be made.

Professionals are unable to assign accountability to others.

If the child's safety is in jeopardy, the law takes precedence over confidentiality.

If it is shown that there was intent to conceal, failing to report suspected abuse is a Class A misdemeanor or a state jail felony.

Requirements:

Counselors must protect student records.

Counselors are legally required to report suspected abuse, even if it breaches confidentiality.

Citation: (20 U.S.C. §1232g; Tex. Fam. Code §261.101)

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Federal Regulation: Family Educational Rights and Privacy Act Regulations (34 C.F.R. Part 99)

Source of Law: Code of Federal Regulations – Title 34, Part 99

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

Puts the Family Educational Rights and Privacy Act (FERPA) into effect and makes it clear.

Explains who has access to and what qualifies as a "education record."

Explains how to get permission from parents or students before sharing records.

Allows documents to be disclosed without permission only in specific situations, like emergencies involving health or safety.

Guarantees that school counselors adhere to federal law by maintaining the privacy of student records.

Federal Mandate: Child Abuse Prevention and Treatment Act (CAPTA)

Source of Law: 42 U.S.C. § 5106a

https://uscode.house.gov/view.xhtml?req=(title:42%20section:5106a%20edition:prelim)

Sets minimal requirements for each state's child abuse reporting laws.

Demands that states implement laws requiring professionals, such as school counselors, to disclose suspected child abuse or neglect.

Enables states that meet these reporting standards to receive federal funding.

Emphasizes that when abuse is suspected, child safety comes before confidentiality.

Citation: (34 C.F.R. pt. 99; 42 U.S.C. § 5106a)

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Local Policy: Vanguard Independent School District – Student Handbook and Code of Conduct (2023)

Source of Law: Vanguard ISD Local Policy – Student Confidentiality and Reporting Requirements

https://files-backend.assets.thrillshare.com/documents/asset/uploaded_file/5208/Va/466ee911-8cba-45c1-b83a-6f7c50a04041/Student-Handbook-Board-Approved---Revised-9.3.25.pdf?disposition=inline

The "Annual Notice of Parent and Student Rights (Annual FERPA Confidentiality Notice)" outlines district standards for protecting student privacy across all records and services.

Requires counselors to adhere to state and federal disclosure regulations (such as those pertaining to safety crises and directory information opt-out) and to disclose confidentiality boundaries.

Complies with Texas Family Code §261.101 by directing prompt reporting procedures for threats to oneself or others and suspected child abuse or neglect.

balances privacy and protection by coordinating with FERPA and campus safety protocols.

Citation: (Vanguard Academy, 2025; Tex. Fam. Code § 261.101)

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Provide Annual FERPA and Mandated Reporting Training

Make certain that all staff members and instructors receive yearly training on the state's child abuse reporting regulations and the Family Educational Rights and Privacy Act (FERPA).

This reduces legal risk and guarantees that all employees know when to breach confidentially in order to protect a student.

Stone (2021) highlights the necessity of continual professional development in order to avoid moral and legal transgressions.

Why it matters: Regular training encourages campus-wide compliance and guards against misunderstandings of privacy rules.

Document Counseling Sessions and Reporting Actions Thoroughly

Keep thorough, confidential records of all counseling sessions, including conversations about possible danger and any subsequent actions.

According to district policy, documentation must be true, impartial, and safely stored.

Comprehensive documentation is a crucial risk management strategy in comprehensive school counseling programs, according to Erford et al. (2010).

Why it matters: Counselors are legally protected by accurate records, which also show that reporting protocols are followed.

Communicate Limits of Confidentiality to Students and Parents Early

At the beginning of the counseling relationship, clearly clarify the boundaries of confidentiality and go over them again as necessary.

Give verbal and written justifications for when confidentiality must be violated (the risk of harm or abuse).

Before offering services, counselors must advise students of the boundaries of confidentiality in accordance with ASCA Ethical Standards (2022, A.2.e).

Why it matters: Informed families and students foster trust and recognize the need to disclose safety concerns.

Citation: (ASCA, 2022; Stone, 2021; Erford et al., 2010)

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Ethical Principle: ASCA Ethical Standards – Section A.2.e (Confidentiality)

Source of Code: American School Counselor Association (ASCA) Ethical Standards for School Counselors (2022)

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

A.2.e. “Inform students of the purposes, goals, techniques, and rules of procedure under which they may receive counseling. Disclosure includes the limits of confidentiality in a developmentally appropriate manner.” (ASCA, 2022, p. 2)

Connection to Topic:

When student safety is involved, this ethical standard is directly related to the subject of confidentiality and its limits.

Before counseling starts, counselors have an ethical duty to explain the boundaries of confidentiality so that students know when it may be necessary to disclose private information.

This ethical concept supports violating confidentiality to ensure safety when a student discloses a risk of harming themselves or others.

In addition to guaranteeing compliance with FERPA and state-mandated reporting obligations like Texas Family Code § 261.101, upholding this standard helps preserve trust.

In the counselor-student connection, transparency regarding confidentiality lays the foundation for honesty and ethical behavior.

Citation: (ASCA, 2022, A.2.e)

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Federal Level: The Family Educational Rights and Privacy Act (FERPA), which regulates access to student educational records, is enforced by the U.S. Department of Education. While FERPA guarantees the privacy of student records, it permits exceptions for emergencies involving health and safety.

State Level (Texas): Compliance with Texas Family Code §261.101, which mandates the required reporting of suspected child abuse, is monitored by the Texas Education Agency (TEA). TEA makes sure counselors adhere to state child safety regulations as well as federal privacy protections.

Accountability: These agencies work together to strike a balance between the responsibilities of child protection and student privacy.

Citation: (20 U.S.C. §1232g; Tex. Fam. Code §261.101)

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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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My coursework and teaching experience have given me a thorough understanding of how school counselors are guided in maintaining a balance between student safety and confidentiality by rules like FERPA and the Texas Family Code § 261.101. I've learned from these standards that empathy and rigorous adherence to the law are both necessary for safeguarding students. I now realize that abiding by these laws is not just my professional obligation, but also a means of promoting the welfare and trust of each and every student I work with.

Knowing that ethical frameworks such as the ASCA Ethical Standards (2022) offer precise direction in the face of difficult situations gives me confidence. My confidence to make wise decisions as a future school counselor has increased as a result of my understanding of these ethical and legal responsibilities. My professional growth has been facilitated by these connections, which have motivated me to maintain integrity, transparency, and student advocacy in every facet of my counseling work.

Citation: (ASCA, 2022; 20 U.S.C. §1232g; Tex. Fam. Code §261.101)

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Recommendations / Best Practices for Compliance

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Recommendations / Best Practices for Compliance

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Using age-appropriate language and written disclosures, clearly explain confidentiality boundaries to parents and students at the beginning of counseling.

All school employees should receive FERPA and mandated reporting training once a year to guarantee that they are fully aware of their privacy and safety responsibilities.

In accordance with Texas Family Code §261.101, which requires reporting within 24 hours, report any suspicions of abuse or danger right away.

To show accountability and protect the student and the counselor, meticulously and objectively record every counseling session and action taken.

When safety issues emerge, work together with administrators and multidisciplinary teams to guarantee coordinated, legally compliant responses.

In accordance with FERPA rules, securely preserve and limit access to student records (20 U.S.C. §1232g; 34 C.F.R. Part 99).

Every year, review and update local district policies to make sure they comply with federal requirements, ASCA standards, and current state laws.

In order to build trust and uphold legal compliance, set an example of moral decision-making and transparency in all counseling interactions.

Citation: (ASCA, 2022; 20 U.S.C. §1232g; 34 C.F.R. pt. 99; Tex. Fam. Code §261.101)