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I chose confidentiality as a type of concern in school counseling. Confidentiality in a school setting, as a school counselor, is extremely important. A school counselor has to be able to know when they have to break that confidentiality and when not to. This information is important for all school counselors, parents, and school staff members.

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On the federal level in confidentiality as a school counselor they have to go by FERPA and IDEA. FERPA stands for Family Educational Rights and Privacy Act. This allows parents to get access to their child's education information until they turn 18. Schools also have to have written permission from legal guardian before giving out information on a student. IDEA stands for Individuals with Disabilities Education Act. This is when a student has an IEP and counseling is in the plan. On the state level, if the counselor or anyone has knowledge of the child being abused or neglected then they must report it to the proper authorities.

United States Code, 2012 Edition, Supplement 5, Title 20 - EDUCATION

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According to ASCA (2019), a school counselor has to provide informed consent over confidentiality. This is important to have so that it reduces incidences where someone can try to sue because the counselor has the consent in writing.

According to ASCA (2019), a counselor should be keeping personal notes separate.

Counselors should also keep up to date with all laws. This is important because something can change that could have a high impact on their role in confidentiality.

Reference:

American School Counselor Association (2019), The School Counselor and Confidentiality https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

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The School Counselor and Confidentiality - American School Counselor Association (ASCA)

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Statue Law in confidentiality is FERPA. Texas, however, does have a law that the counselor must report abuse or neglect if it is said, seen, or have reasons to believe.

The Texas Education Department (TEA), lets the districts know when they are allowed to break the confidentiality of the student and who they are allowed to break it to.

Section 99.5a2 https://studentprivacy.ed.gov/ferpa#0.1_se34.1.99_15

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Below are the regulations at 34 CFR Part 99 implementing section 444 of the General Education Provision Act (GEPA), which is commonly referred to as the Family Educational Rights and Privacy Act (FERPA), and Federal Register Notices of amendments to FERPA. They are presented here for your convenience.

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School counselors, in Texas, are mandated by law to report of any abuse or neglect. A school counselor would get into serious trouble by not following the rule. If there is any suspicion of abuse or neglect it must be reported so that the correct professionals can look into it. This is in Texas Family Code, Section 261.101.

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In section 37.0832, school personnel has to report about bullying. Confidentiality in a school setting does have its ways on giving information. A counselor is allowed to give student information to the principal and other school personnel if they have a legitimate educational interest. A school district, Belton ISD, has the right to call the parent or legal guardian if the child is trying to harm themself or has expressed that.

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As a school counselor, they have to be sure they are building trust with the students. this is extremely important because students need someone they can come to and trust. However, one dilemma could be if the child is explaining how they wish to harm themself. This type of situation is when the school counselor has to realize breaching confidentiality might be the solution so that the child can get outside support.

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After reading about the laws and confidentiality I have realized that it is extremely crucial to understand when to keep the confidentiality and when to break it. I have to be aware when I must do one over the other. This is something I will need to be sure I am doing correctly everytime. I feel that I want to keep trust between everyone, but I want the child to always be safe. I do know that I will be reportany abuse or neglect but I also need to be sure that the child knows that they can still trust me.

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Counselors need written consent before proceeding with anything.

Counselors must maintain confidentiality with their students.

Counselors need to start the session with telling the students how they keep confidentiality.

School counselors need to be sure they keep up with the laws and if anything has changed.

A best practice for legal compliance would be to follow FERPA.

A best practice for school counselors to follow is to not divulge any information that does not have the reasons or need to know.

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A school counselor has a very tough job. They have to be sure they are doing their job correctly. A common law about school counseling and confidentiality is that the counselor cannot disclose information to outside parties. There is an exception to this rule and that is when the child has expressed harming themself or others. If they express about abuse or neglect that is when a school counselor can give information to the proper authorities.

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The Federal Family Educational and Privacy Rights Acts says that the child's counseling information cannot go anywhere and can be sealed from parents. This is according to Texas Education Agency.

Reference: Texas Education Agency (2024), School Counseling FAQS, https://tea.texas.gov/academics/learning-support-and-programs/school-guidance-and-counseling/school-counseling-general-faqs

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School Counseling - General FAQs | Texas Education Agency

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1. Where can I find information on school counselor certification?The requirements to become a Texas School Counselor can be found on the Texas Education Agency (TEA) Student Services Certificates website. If you have additional questions, please submit a Certification Help Desk ticket.