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My professional perspective is from the perspective of an elementary school counselor. My audience is the staff, parents, and community of Freedom Elementary. The topic discussed will be confidentiality. Confidentiality is an important issue to understand as counselors need to keep confidentiality with the students they work with. I chose this topic as there is a limit to confidentiality and a code of ethics we follow. This is what will be discussed today on this guide.

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I interviewed an elementary school counselor on my campus. This is an important topic to address because counselors build their relationships with their students based on a trust through confidentiality. Counselors provide privacy when discussing personal issues the student may be having but there is a limit to the confidentiality. Counselors will only "disclose information with appropriate consent or with sound legal or ethical justification" (ACA, p. 7).
Best Practices:
* Upholding appropriate boundaries
* Maintaining confidentiality
* Building trust through relationship between counselor/student
*"Communicate parameters of confidentiality in a culturally competent manner" (ACA, p. 6).
An emerging issue is the parameters of confidentiality. While building trust is important, there is a limit to how much information can be kept confidential. The counselor "is expected to rely on their expertise in determining what information should be shared with the counselee's parents" (McCarthy & Sorenson, p.160). Since trust and privacy are an important part of the counseling relationship, there needs to be a good understanding of the limitations and who needs to be notified if the information shared can cause harm to the student or others.
Interview:
Penny Lowe, Elementary School Counselor, Freedom Elementary

I asked about the legal impact of confidentiality in her work. She said that confidentiality is a huge part of her job. "Everything a child tells me is confidential except if he/she says that someone is hurting them, or they are hurting themselves or wanting to hurt someone else." Next I asked about the legal requirements or compliance issues she regularly has to monitor in this area. She said "that there are lots of divorce paperwork or legal forms that we have to look at…some restraining orders and custody battles. We have to be careful not to get in the middle or share info from one parent to the other." She said that there not any policies or rules she has had to currently write or revise related to this issue. There is also not current or pending legislation related to this issue that she knows of. Do court cases and their decisions impact your work? "Yes when it impacts the students well being."  Are there certain student or employee rights that relate to this issue? "Employees have rights to withhold information regarding a student to family members that don’t have educational rights to the student. Parents of the child are the only ones who have rights unless they give someone else those rights. (Ex: grandparents)." I asked if she could share a situation related to this issue and how she resolved it.  "A grandmother was involved with a student more than the mom (bringing to school, picking student up, asking for help with child) but didn’t have educational rights so I couldn’t share with her that he was struggling emotionally, academically and socially. We had to contact the mom to encourage her to sign a form to give her mother access to her sons educational needs." Finally, I asked her how she stays current on this topic. She said she attends professional development and trainings.

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Reviewing federal and state laws has allowed me to have a better understanding of confidentiality in the counselor-student relationship. I now have a better understanding of the rights the students and parents have. I've read how there are limitations to confidentiality and now I have a better understanding of when I would need to make a breach in confidentiality. If the student were to want to harm themselves or others, I would need to protect this student and communicate with others (parents/guardians) about the foreseeable harm.

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The reason confidentiality is so important for us to understand is because it does have limitations. If the student we are working with discloses that they want to do harm to themselves or to others, we need to make a breach of confidentiality since there is a chance of foreseeable harm.

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* Counselors respect the privacy of students.
* Counselors protect the confidential information of students.
* Counselors only disclose information with appropriate consent.
* Counselors inform students of limitations of confidentiality.

Slide 8

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I found an article from a magazine on this website called Protecting Pupil Rights. It discusses the Protection of Pupil Rights amendment of 1978 that is also known as the parental consent amendment. It states "If a school district wants to require students to reveal personal information about themselves or their family, the school must first obtain written parental consent" (Stone, 2021). Of course PPRA does give the exception to this if the students is known to have suicidal thoughts. There is always an exception when health and safety are involved.

Stone, C. (2021, March 1). Protecting pupil rights. ASCA School Counselor. Retrieved from https://www.schoolcounselor.org/Magazines/March-April-2021/Protecting-Pupil-Rights.

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* A parent is entitled to access to “all written records of a school district concerning the parent’s child” including counseling and psychological records”.
* Parents are considered “partners” in their child’s education. * Parents may give consent for the counselor to share information about a student to other member on the staff. An exception to this is if a governmental agency required it by law.
* The Texas Health and Safety Code states that “confidentially doesn’t extend to disclosure of information if there is an imminent threat of physical injury by the patient or to the patient” (Health and Safety Code § 6.11.004 (b)).

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News Article: Student Data Privacy- Resources to Find the Balance

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News Article: Student Data Privacy- Resources to Find the Balance

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This article discusses the trends in privacy when related to our children. Privacy of students grades, test scores, health evaluations, and disciplinary actions also need to remain private and confidential. Technology needs to have protections in place so that private information is not accidentally shared. Breaches like this don't protect our students and need to be addressed. This trend follows the desire to protect the relationship and the trust we have with our students by protecting their personal information.

Student data privacy- resources to find the balance. (2016). Education Dive. Retrieved September 18, 2021, from https://www.k12dive.com/spons/student-data-privacy-resources-to-find-the-balance/417047/.

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News Article: Personalized Plans Highlighted as Comprehensive Way to View Student Success

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News Article: Personalized Plans Highlighted as Comprehensive Way to View Student Success

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This article discusses the trends in privacy when it comes to personalized plans for students. The plans look at academic success, health, and the overall well-being of students and how services and support programs will be provided to students. Once these plans are made for students, there is a concern about privacy and who could be obtaining this confidential information. They state the importance of "clear protocols for who can access the plans and attention to the security and confidentiality of student data" (Jacobson, 2019). The article discusses how privacy and confidentiality are also an important component when keeping data online.

Jacobson, L. (2019). Personalized plans highlighted as comprehensive way to view student success. Education Dive. Retrieved from https://www.k12dive.com/news/personalized-plans-highlighted-as-comprehensive-way-to-view-student-success/551859/.

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Original Law: Confidentiality of information- 12 U.S. Code § 5111 (Constitutional Law) https://www.law.cornell.edu/uscode/text/12/5111

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Original Law: Confidentiality of information- 12 U.S. Code § 5111 (Constitutional Law) https://www.law.cornell.edu/uscode/text/12/5111

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*Personal information is subject to confidentiality.
*Applies to materials/information that are in the system.
*Applies to disclosure of private information at state or federal levels.

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(a) System confidentiality

Except as otherwise provided in this section, any requirement under Federal or State law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry or a system established by the Director under section 5108 of this title, and any privilege arising under Federal or State law (including the rules of any Federal or State court) with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the system. Such information and material may be shared with all State and Federal regulatory officials with mortgage or financial services industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by Federal and State laws.

(b) Nonapplicability of certain requirements Information or material that is subject to a privilege or confidentiality under subsection (a) shall not be subject to-

disclosure under any Federal or State law governing the disclosure to the public of information held by an officer or an agency of the Federal Government or the respective State; or

subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry or the Director with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.

(c) Coordination with other law

Any State law, including any State open record law, relating to the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of such provision to the extent State law provides less confidentiality or a weaker privilege.

(d) Public access to information

This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, loan originators that is included in Nationwide Mortgage Licensing System and Registry for access by the public.

( Pub. L. 110-289, div. A, title V, § 1512, , 122 Stat. 2820; Pub. L. 111-203, title X, § 1100(3), , 124 Stat. 2106; Pub. L. 114-113, div. O, title VII, § 703, , 129 Stat. 3025.)

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12 U.S. Code § 5111 - Confidentiality of information

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(a) System confidentiality Except as otherwise provided in this section, any requirement under Federal or State law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry or a system established by the Director under section 5108 of this title, and any privilege arising under Federal or State law (including the rules of any Federal or State court) with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the system.

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Original Law- FERPA (Statutory Law) Family Educational Right and Privacy Act, (20 U.S.C. § 1232g) https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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Original Law- FERPA (Statutory Law) Family Educational Right and Privacy Act, (20 U.S.C. § 1232g) https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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* Protects privacy of student education records.
* Law applies to schools that receive funds under the U.S. Department of Education.
* FERPA gives rights to parents with respect to their children's education records.
* The transfer of these rights to the student occurs when the student turns 18 or attends school beyond the high school level.

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

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policy; privacy; academic records; technical assistance; parent rights; student rights; ferpa

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Family Educational Rights and Privacy Act (FERPA)

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Family Educational Rights and Privacy Act (FERPA) Home Page.

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* Communicate the limitations of confidentiality.
* Maintain awareness and sensitivity to cultural meanings of confidentiality.
* Communicate with students when and with whom information may need to be shared.
* Counselors should protect confidential information.
* When confidential information must be shared, limit it to only essential information.
* Counselors must inform parents/guardians about the role of the counselor and the confidential nature of the relationship.
(American Counseling Association, 2014)

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I chose this rule because local schools and universities follow this code on confidentiality rules for protecting student information. It provides guidance on confidentiality and when releasing information is appropriate.

Slide 10
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American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/knowledge-center

American School Counselor Association. (2019). ASCA school counselor professional standards and competencies. https://www.schoolcounselor.org/getmedia/a8d59c2c-51de-4ec3-a565-a3235f3b93c3/SC-Competencies.pdf

Family Educational Right and Privacy Act, 20 U.S.C. § 1232g

Jacobson, L. (2019). Personalized plans highlighted as comprehensive way to view student success. Education Dive. Retrieved from https://www.k12dive.com/news/personalized-plans-highlighted-as-comprehensive-way-to-view-student-success/551859/.

McCarthy, M. M., & Sorenson, G. P. (1993). School counselors and consultants: Legal duties and liabilities. Journal of Counseling & Development, 72, 159–167.

Rules of Practice, 22. Tex. Admin. Code § 801.48

Student data privacy- resources to find the balance. (2016). Education Dive. Retrieved September 18, 2021, from https://www.k12dive.com/spons/student-data-privacy-resources-to-find-the-balance/417047/.

Stone, C. (2021, March 1). Protecting pupil rights. ASCA School Counselor. Retrieved from https://www.schoolcounselor.org/Magazines/March-April-2021/Protecting-Pupil-Rights.

Texas Education Code (2 TEC § 26.004)

U.S. Code (12 U.S. Code § 5111)

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