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When it comes to confidentiality as a school counselor, this topic could also be beneficial for stakeholders to learn more about. It is important that different audiences understand the role and obligation of a school counselor to report or “break confidentiality” if a student is harming themselves, others, or someone is harming them. My professional perspective on this topic is that it is important for school counselors to be honest to the students but also be understanding of the situation the student is being dealt with. I chose this topic because it is crucial for school counselors and other professionals to know and abide by confidentiality laws and regulations. Confidentiality as a school counselor can be a difficult line due to the role a school counselor plays in the school system.

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Confidentiality is addressed by the state and U.S. laws and regulations. The American School Counselor Association (ASCA), the Texas Education Agency, and the Texas Education all address confidentiality within the school system. The U.S. also addresses confidentiality through the Family Educational Rights and Privacy Act (FERPA). These governing bodies and agencies all relay how school counselors and educators should address confidentiality within a school setting.

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The state of Texas law that aligns with confidentiality is the Texas Education Code: Confidentiality (21 Education Code § .355). This Texas law lays out the requirements for confidentiality for school districts across the state. It discusses how documents within a school should be protected and only given in certain circumstances. The United State’s law that covers confidentiality is the Family Educational Rights and Privacy Act (FERPA). This act is very important and necessary to the public education system. FERPA allows for protection of students and their families. It is so important to abide by this and ensure steps are taken to not break confidentiality with students or their families. This could lead to other lawsuits and severe consequences.

21 Education Code § .355. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm

U.S. Constitutional Law: Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) https://studentprivacy.ed.gov/ferpa

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The administrative law that aligns with confidentiality for school counselors is laid out by the American School Counselor Association. Examples of the Ethical Standards for School Counselors are:

Inform students of the purposes, goals, techniques, rules and procedures under which they may receive counseling. Disclosure includes informed consent and clarification of the limits of confidentiality (The school counselor and confidentiality, 2022, p. 2).

Protect the confidentiality of students’ records and release of personal data in accordance with prescribed federal and state laws and district and school policies (The school counselor and confidentiality, 2022, p. 2).

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 (The school counselor and confidentiality, 2022, p. 2).

The school counselor and confidentiality. (2022.). The School Counselor and Confidentiality - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

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Jensen v. Reeves discussed confidentiality when it comes to a student's behavior and those that should and should not be informed.

Jensen v. Reeves, 3 Fed. Appx. 905 (10th Cir. 2001) https://ca10.washburnlaw.edu/cases/2001/02/99-4142.htm

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The American School Counselor Association discusses that ethically confidentiality is a right to the student, but “students should be informed that exceptions to confidentiality exist in which school counselors must inform others of information they obtained in the counseling relationship to prevent serious and foreseeable harm to students themselves or others and if it is legally required” (The school counselor and confidentiality, 2022, p. 1).

This impacts confidentiality with a student because although the student is safe to speak with the school counselor, if the student reports harming themselves, others, or someone harming them it is the counselors legal responsibility to report the claim.

The school counselor and confidentiality. (2022.). The School Counselor and Confidentiality - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

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According to China Spring ISD, the district will “respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation” (Student Code of Conduct, 2023, p. 38).

Link:https://resources.finalsite.net/images/v1627399757/chinaspringisdnet/rvqweo7wdtesly1ifwtp/STUDENTCODEOFCONDUCT.pdf

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The first risk management strategy related to confidentiality for a school counselor is to be aware of the school policies of confidentiality and the different forms that should be used.

The second risk management strategy related to confidentiality for a school counselor is to abide by lawful and appropriate practices to ensure the comprehensive school counseling program is kept confidential for all students, teachers, and families.

The third risk management strategy related to confidentiality for a school counselor is to continue learning and staying updated on new laws and regulations concerning school counseling and confidentiality within public school.

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The ethical standards related to the topic of confidentiality according to the American School Counselor Association is school counselor should “recognize their primary obligation regarding confidentiality is to the student but balance that obligation with an understanding of the family or guardians’ legal and inherent rights to be the guiding voice in their children’s lives” (The school counselor and confidentiality, 2022., p. 1). The ASCA is the source to determine ethical concerns within school counseling and the steps that should be taken. Confidentiality is a huge ethical concern as a school counselor because we are a trusted adult for students, parents, and teachers to discuss conflict situations. Maintaining confidentiality and understanding how to approach more difficult situations is crucial to a school counselor’s responsibilities.

The school counselor and confidentiality. (2022.). The School Counselor and Confidentiality - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

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My personal connection to the legal and ethical standards of confidentiality regulations for a school counselor is it directly impacts my day to day job. Confidentiality is so crucial to a school counselor because of the relationships built between the students and other educators. School counselors build relationships and are a trusted adult on campus, therefore conversations require confidentiality. I feel it is important that students are aware that confidentiality is kept by the school counselor, unless a student is reporting hurting themselves, hurting others, or someone hurting the student. If a student reports any of these claims, it is the school counselors duty to report the claim to the appropriate sources. The laws pave the way for my educational goals by allowing me to better understand how to abide by confidentiality regulations to maintain a successful comprehensive school counseling program.

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1. Stay updated with upcoming and new regulations

2. Be aware of district policy on confidentiality

3. Consult with colleagues and local service center

4. Practice lawful confidentiality responsibilities

5.  Review over how to best address confidentiality dilemmas at school

6. Remind students of the possible limits of confidentiality