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(Confidentiality — Totally Outright Durham, n.d.)

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The primary ethical and legal obligation is to the student

Must balance with the  parent’s and guardians' rights

Exceptions exist, and students should be informed when those situations arise

Fosters an atmosphere of trust and confidence between counselor and student

(Lyer & MacGregor, 2022)

PROFESSIONAL PERSPECTIVE
Confidentiality is the cornerstone of a professional school counseling program.  A student must feel respected and comfortable sharing with the school counselor.  Knowing the balance between your responsibility to your student’s trust and their parent and guardian’s right can sometimes be very difficult to navigate.

AUDIENCE
All employees of school districts, especially professional school counselors.

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The American School Counselors Association (ASCA) is the professional organization setting the standards for school counselors in America. The Texas Education Agency is governing agency of Texas School Counselors.

(ASCA, 2022; Texas Education Agency [TEA], 2022)

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ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

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(Doctrine of Pith and Substance: Constitutional Law, 2021)

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Slide #3 Federal and State Constitutional Laws 

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Slide #3 Federal and State Constitutional Laws 

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🇺🇸 FEDERAL

The US Constitution does not explicitly mention confidentiality or a right to privacy.

Several amendments do address zones of privacy.

Section 1.6 of the 14th amendment, the privacy right protected by the Constitution, encompasses a right to informational privacy or confidentiality.

Protects the individual interest in avoiding disclosure of personal matters.

The right does not prevent the government from asking reasonable questions in light of its interest as an employer.

Questions remain concerning whether and to what extent a right to informational privacy or confidentiality exists.

(U.S. Const. amend. XIV, § 1.6.3.3)

Link to the full text of Section 1.6 of the 14th Amendment

The Texas Constitution

Section 9 of article I, provides Texans with the right to be secure in their persons, houses, papers, and possessions.

It also provides for search and seizures with probable cause, supported by oath or affirmation.

(Tex. Const. art I, § 9)

Link to the full text of Article 1 of the Texas Constitution

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Family Educational Rights and Privacy Act (FERPA)

Federal law that protects the privacy of student education records.

Parents are given certain rights to their student's educational records

Written permission must be given for that information to be shared except for a few instances listed in the law.                                   (20 U.S.C. § 1232g; 34 CFR Part 99)

Link to the full text of FERPA

The Texas Administrative Code

Conveys the ethical standards for  educators, including school counselors

Confidential information concerning students can not be revealed unless disclosure serves lawful professional purposes or is required by law.

(19 Tex. Admin. Code §247.2)

Link to the full text of Ch. 19 of Tex. Admin. Code

🚩 Failure to uphold either of these laws could result in disciplinary action from your administrator or even a lawsuit brought by the parents against you and your school district.

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Eisel v. Board of Education, 324 Md. 376, 377 (Md. 1991)

The school counselor learned of the student's suicidal intent from another student.

The school counselor did not inform the parents.

The student's father brought a wrongful death suit against the school and the school counselor for not informing them of her intent.

The lower courts ruled that the school and school counselor were not liable as they had no duty to intervene.

Higher courts overruled, stating that the daughter’s intentions were foreseeable and the parents should have been informed.

This case established the duty for school counselors to notify parents of a student's intent or potential of intent for suicide.

(Eisel v. Board of Education of Montgomery County, 1991)

Link to full text of Eisel v. Board of Educ. of Montgomery Co.

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The Texas Education Agency

Sets the standards of a Texas Professional School Counselor

Adhere to best practices connected to ethical and legal considerations

Appropriate use of

Technology

Email

Documentation

Record keeping

Privileged communication

Informed consent process.

(19 Tex. Admin. Code §239.15.f.11)

Link to the full text of chapter 19 of the Texas Administrative Code

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Bangs ISD

Has local policies that provide the procedures to follow

Policies located online through the school website

Provide notice of a student identified as, at risk of attempting suicide to a parent or guardian.

Notification must be made within a reasonable amount of time, after identifying the early warning signs.

(Bangs ISD, FFEB, 2022)

Link to full text of Bangs ISD FFEB Policy

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Train all employees on district confidentiality practices.

Store student paper records in a locked locate.

Only share personal records within your organization.

On the initial visit with students, explain and get implied consent and discuss times when confidentiality would have to be broken.

Report any instances of student information sharing that is not an educational need to the administration.

(Lyer & MacGregor, 2022)

⭐️ Any time student information is shared without proper consent or permission, or confidentiality is broken, there could be reprimands from local administration and even legal repercussions where the district and the individual could be sued.

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Code of Ethics

Create a safe environment for ALL students

Promote privacy and confidentiality for all

Do not discriminate

Provide access to professional school counseling programs for all students

Provide support

Help implement career plans

Aid in student development

Advocate for students

A school counselor's first priority is to their students. Treating each and every one of them with dignity and respect.  School counselors assist students in meeting their academic, career and social, and emotional development needs.
(ASCA, 2022)

Link to full text of the ASCA code of ethics for school counselors

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Connection to Legal and Ethical standards
I have learned that confidentiality has implementations throughout the school. A student's confidentially and privacy is an issue way outside of discussions that take place inside my office.  I have been amazed at all of the areas in the working of a school that confidentially needs to be considered when looking at procedures and practices.

Feelings and Educational Goals
School counseling is very much a two-prong job where you are constantly there to support students in their needs but also help guide them in their career development and life decisions.  There is so much that students confide in you that you must keep to yourself even if you would rather share the burden with someone else. No two days are the same but there is always something I feel inadequately prepared for.

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Immediately notify administrators of any breaches in confidentiality

Apply ASCA ethical standards continuously

Apply local school policies and procedures at all times

Provide student's highly sensitive information when needed via phone call or face-to-face rather than through email

Keep educational records in a locked room out of normal foot traffic.

Store session notes and memory aides away from educational records