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Students confidentiality should be respected and honored, unless they are a harm to themselves or others, or at risk of being harmed.

I chose this topic because I believe one of the most difficult things to balance while being a school counselor is protecting student confidentiality, but at the same time being a mandatory reporter. I believe that respecting students' confidentiality is important, however, it is also vital that school counselors report if harm is happening for a particular student. This topic explores the importance of building trust with clients/students, while also protecting them and following legal and ethical guidelines.

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The audience for this presentation is K-12 school counselors and educators due to their direct role in protecting student confidentiality while also being mandatory reporters.

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I am currently pursuing my Master's in Professional School Counseling and plan to become an elementary school counselor.

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The U.S. Department of Education enforces various laws, helps fund federally run school programs, and monitors public education as a whole. I have learned that while the U.S. Department of Education does have a vital importance in public schools, many decisions are up to the states. In many ways it plays as a supporting role to the states decision making.

In regard to student confidentiality, the federal level has one important law, FERPA, however, there is little information about protecting student confidentiality beyond that.

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The Texas Education Agency (TEA) oversees public schools in Texas. They oversee the performance of districts and schools, and have control over the standards (TEKS) that students learn, along with how they are tested on those standards. In addition TEA distributes funding, and enforces state and federal laws and policies. I learned that TEA is responsible for enforcing many things when it comes to public education in Texas. TEA serves as a vital bridge between federal and local policy, giving critical guidance on what is expected in all public schools across the state.

At the state level, FERPA is enforced due to the federal mandate, and there are more laws for schools counselors and schools within the Texas Education Code pertaining to student confidentiality.

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In summary, both federal and state agencies have an important role in public schools. At the federal level, the U.S. Department of Education gives more broad law, while at the state level, TEA creates more specific laws to help guide public schools, and they keep a closer eye on making sure districts and schools are in compliance with both state and federal laws.

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While there are not specific laws within the U.S. Constitution that directly align with student confidentiality or mandatory reporting, there are laws that may protect students in general.

U.S. Constitution Link

The 14th Amendment states, should not deny "any person within its jurisdiction the equal protection of the laws" (U.S. Const. amend. XIV). This amendment ensures that when looking at any laws, federal or state, ALL students are protected regardless of gender, race, religion, and/or background.

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Similarly to the Federal Constitution, the Texas Constitution does not directly align with the given topic, but does have laws to enforce student rights as a whole.

Texas Constitution Link

The Texas Constitution guarantees the establishment and maintenance of efficient public schools in Texas in order to preserve the rights and liberties of its people (Tex. Const. art. 7, § 1). This implies that the state will continue to create schools that are compliant with other laws and policies, and the state is working to maintain ALL schools in Texas.

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The Texas Education Code has many laws both for public schools as a whole and for school counselors.

Link to Texas Education Code

Here are a list of laws that apply to the topic at hand:

§33.005 (2): The School Counselor should design the comprehensive school counseling program with a section designated to responsive services, meaning the school counselor would intervene if a student has a problem that puts them at risk (Texas Education Code, 2019).

§33.006 (c): Nothing previously written in the Texas Education Code exempts the school counselor from being a mandatory reporter (Texas Education Code, 2021).

§36.004 (b): A parent or guardian is entitled access to all records concerning their student, including but not limited to, counselor records, psychological records, and teacher/counselor evaluation records (Texas Education Code, 2017).

§38.009 (b): "A school administrator, nurse, or teacher who views medical records under this section shall maintain the confidentiality of those medical records" (Texas Education Code, 1995).

§38.351 (3): Intervention should be carried out for students at risk of suicide or "displaying early warning signs and a possible need for early mental health or substance abuse intervention" (Texas Education Code, 2023).

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Administrative Law: Texas Administrative Code

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Administrative Law: Texas Administrative Code

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Within the Texas Administrative Code, Title 19, section § 247.2, outlines a Code of Ethics and Standard Practices for Texas Educators.

Link to Texas Administrative Code

§ 247.2 Standard 3.1: "The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law" (Texas Administrative Code, 2018).

§ 247.2 Standard 1.7: "The educator shall comply with state regulations, written local school board policies, and other state and federal laws" (Texas Administrative Code, 2018).

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In summary, a school counselor must:

create a program that includes responsive services, which would include intervening if there is a self harming situation.

Follow federal, state, and local jurisdiction on reporting.

Keep confidentiality of students medical records, unless disclosing serves a lawful purpose.

Carry out intervention if student is at risk of suicide.

Give parents access to school records, which may include counseling records.

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Grant v. Board of Trustees of Valley View School District

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Grant v. Board of Trustees of Valley View School District

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Court Case Link

In this court case, Maria Grant, mother of Jason Grant filed a wrongful death action lawsuit against the Board of Trustees of the Valley View School District and the school counselor, Jean Owen (Grant v. Board of Trustees, 1997).

Jason Grant showed many symptoms of suicidal ideation and was seen by Jean Owen, the school counselor. Owen alerted the mother, but only expressed urgency to get him into the hospital for drug overdose, and did not mention his suicidal thoughts. On the way to the hospital, Jason tried to commit suicide and was unsuccessful, and the next day later passed away due to suicide. Suit was brought against the district and counselor on three different counts (Grant v. Board of Trustees, 1997).

First, they should have exercised care for his safety and called for medical help, let Maria know of Jason's ideation, and followed through with a suicide prevention plan (Grant v. Board of Trustees, 1997).

Second, "plaintiff pleads defendants' breach of an ordinary negligence standard" (Grant v. Board of Trustees, 1997).

Third, failure to take precaution or notify parents was intentional and "constituted willful and wanton conduct" (Grant v. Board of Trustees, 1997).

The District and counselor were not held liable for any claims because:

The special duty doctrine did not apply since he was in parental care at the time of his suicide (Grant v. Board of Trustees, 1997).

The state of Illinois does not require schools to create or carry out a suicide prevention plan (Grant v. Board of Trustees, 1997).

Schools are immune from ordinary negligence claims relating to mental health exams or diagnosis (Grant v. Board of Trustees, 1997).

Since the counselor did suggest taking him to the hospital, that negates the claim that she was intentionally failing to act (Grant v. Board of Trustees, 1997).

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Family Educational Rights and Privacy Regulation

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Family Educational Rights and Privacy Regulation

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Family Educational Rights and Privacy Regulations Link

FERPA 34 F.C.R. § 99.36 (1988)

(a): "An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals" (F.C.R., 1988)

FERPA 34 F.C.R. § 99.5 (1988)

(a)(1): "When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student" (F.C.R., 1988).

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Austin ISD Board Policy Manual Link

The Austin ISD Board Policy Manual informs decision making within the Austin ISD School District. The manual serves as a guide for all staff to follow the policies set by the district.

Austin ISD Board Policy Manual FFB Student Welfare: Crisis Intervention:

"The board shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams" (Austin ISD Board Policy Manual, 2022).

Each team should:

Conduct a threat assessment

Report individuals if a harm to others or themselves

Refer a student for a mental health assessment and implement deescalation procedures

Before performing the threat assessment notify the parents of the student, and offer them an opportunity to participate in the assessment process.

After the assessment, results must be shared with the parent.

The team may NOT provide mental health services to the student (if under 18) without written consent from the parents (Austin ISD Board Policy Manual, 2022).

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In order to best protect yourself, the student, and others involved, it is best practice to over-document all actions taken in this scenario. If it is reported or told to you that a student is a harm to themselves, all protocol should be followed and documented.

Possible things to document:

The report that was made (if made by others document what was reported. If reported by the student, document what they told you)

Threat assessment/mental health assessment

Communication with parents: Time, duration, conversation, medium (phone, email, etc.)

Safety plans

Communication with administration or other parties involved if applicable

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Strategy 2: Communicate with Parents/Guardians

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Strategy 2: Communicate with Parents/Guardians

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As previous laws and policies outlined, it is vital and necessary to communicate with parents. While it is important to protect the student's confidentiality, in instances of self harm, it is required to report the information to parents.

You should:

Notify parents once you notice a threat assessment is necessary BEFORE performing it.

Allow parents to be involved in part of the process if they want (Austin ISD Board Policy Manual, 2022).

After the assessment, share results with the parent (Austin ISD Board Policy Manual, 2022).

Get written consent from parents to provide mental health services to the student. (This applies if the student is under 18)(Austin ISD Board Policy Manual, 2022).

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Strategy 3: Express Limited Confidentiality to Students

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Strategy 3: Express Limited Confidentiality to Students

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It is important the school counselors to express their limitations to confidentiality at the start of a counseling session or upon meeting with the student.

The ASCA Ethical Standards state the school counselor should, “explain the limits of confidentiality in developmentally appropriate terms through multiple methods…” (ASCA, 2022, p. 2).

In explaining the limitations, you are ensuring that the student does not feel blindsided or betrayed if you do have to report something they told you. If student's don't know a school counselor is a mandatory reporter there could be extreme trust broken and you may no longer have a counselor/client relationship with them. With that in mind, communicating upfront and being honest is the best course of action.

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In the ASCA Ethical Standards there are many standards related to confidentiality.

ASCA Ethical Standards

In summary it states that school counselors should:

understand mandatory responsibilities of their district and state

explain limits to confidentiality to students

keep all information confidential UNLESS you legally have to disclose it

Prioritize protecting the student's confidentiality, however, that must balanced with informing parents in certain capacities.

Collaborate with students and IF confidentiality does have to be broken, do so in the least intrusive way to the student.

Communicate sensitive information through more personal contact rather than email or message (ASCA, 2022, p. 10).

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The ASCA Ethical Principles outlined express the importance of protecting student's confidentiality and prioritizing that as a school counselor, however, it does recognize the importance in reporting when necessary. Because mandatory reporting is inevitable, it's important to involve necessary parties, follow protocols, and teach students the limitations the school counselor has when it comes to student confidentiality. In the end, it is all about doing what is necessary to best protect the safety and well-being of our clients/students.

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As a current teacher and future elementary school counselor, learning about the legal and ethical standards has allowed me to feel like an expert in my field. Throughout my journey as an educator, I have had knowledge of district policies, but this course clarified how those policies are rooted in federal and state laws that I’m now responsible for upholding. I learned the why behind the laws I'm required to uphold like FERPA or mandatory reporting. Learning about all of these things for my future job as a school counselor, has also made me a better teacher as I have grasped a better understanding of the full scope of my obligations and the obligations of other professionals within public schools.

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Feelings Behind the Legal/Ethical Principles

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Feelings Behind the Legal/Ethical Principles

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Learning about the legal and ethical standards of a school counselor has empowered me to be the best counselor I can be for my future students. The knowledge I have gained has given me more confidence as I get closer to working in the field, and has reminded me of the importance of advocating for both myself and my students. As I move into the field, I strive to say up to date on the current legal and ethical principles that will influence my role, and use those principles to help me do my job to the best of my ability.

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1. Communicate limits to student confidentiality to students.

2. Document communication and action taken

3. Report students who are at risk of harming themselves and follow district protocol, which should also be aligned with state and federal laws.

4. Communicate with parents/guardians as necessary. If a student is at risk, parents must be notified.

5. If confidentiality must be broken, do so in the least intrusive way for the student.

6. Complete a risk or mental health assessment if a student is showing signs of self harm or suicidal ideation. Follow necessary district methods for this.

7. Consult with administration and/or mental health experts within the district for expert opinions if necessary and is of the interest of protecting the student's safety.

8. Stay informed on legal and ethical principles to guide decision making

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American School Counseling Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe84b41-9ad8 f15909c3d164/EthicalStandards.pdf

Austin ISD Board Policy Manual § 34 C.F.R. (2022). https://pol.tasb.org/PolicyOnline/PolicyDetailskey=1146&code=FFH#legalTabContent

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

Texas Administrative Code, Title 19, §247.2 (2018).

Tex. Const. art. 7, § 1

Texas Education Code, Title 2, § 33.005 (2019).

Texas Education Code, Title 2, § 33.006 (2021).

Texas Education Code, Title 2, § 33.009 (1995).

Texas Education Code, Title 2, § 36.004 (2017).

Texas Education Code, Title 2, § 38.351 (2023).

U.S. Const. amend. XIV