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1.  Rationale for Documentation
The American School Counselor Association (ASCA) (2004) code of ethics requires that school counselors maintain and secure student records; however, it does not provide prescriptive methods and procedures for documentation. Be careful of the records you take, and whom you share them with.

2. Consultation, Collaboration, and Continuity of Care
Regardless of the format a school counselor chooses to use for documentation, continuity of care can be enhanced through easy access to counseling information such as student history, past experiences, and presenting problems. If a school counselor has incomplete or no documentation of student contacts, valuable time can be wasted as he or she attempts to accurately recollect forgotten information or is preparing a report.

The list of the Five C's of Confidientially can be found in all of the resources that have been used for informative Padlet.

Consent—A school counselor may release confidential information with the consent of the student or a legally authorized decision maker, such as a parent, guardian, or other surrogate designated by an advance medical directive.

Court Order—A school counselor may release confidential information upon the receipt of an order by a court of competent jurisdiction. (Note: Unless issued by a judge, a subpoena should not be considered the equivalent of a court order in many jurisdictions.)

Continued Treatment—A school counselor may release confidential information necessary for the continued treatment of a patient. (This exception is also recognized by HIPAA, subject to the “minimum necessary” rule of limited disclosure. 5 )

Comply with the Law—A school counselor may reveal confidential information in order to comply with mandatory reporting statutes (e.g., child abuse), law enforcement or administrative agency investigations, business operations, and other such lawful purposes.

Communicate a Threat—This is the well-known Tarasoff exception to confidentiality that involves the school counselor's duty to protect others from violence by a student.

Tarasoff-  applies when a student makes a threat to a school counselor/faculty/ or fellow student of serious violence against a reasonably identifiable victim or victims

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FAIRCHILD, T. N., & ZINS, J. E. (1986). Accountability practices of school counselors: A national survey. Journal of Counseling & Development, 65(4), 196-199. https://doi.org/10.1002/j.1556-6676.1986.tb01313.x

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What I have gained from this class and project

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What I have gained from this class and project

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My greatest take away from this lesson and class is that confidentiality is governed by a lot of the same sources I have used throughout my career as a teacher and coach. As a school counselor I will be held accountable by the same code of ethics I was as a teacher. There is really not a different in these code of ethics, but as I dug into these resources there is a lot more responsibilities when it comes confidentiality in the job and the responsibilities of School Counselor.

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Educators' code of ethics. (n.d.). Welcome to Texas Education Agency | Texas Education Agency. https://tea.texas.gov/texas-educators/investigations/educators-code-of-ethics

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School counselors are certified teachers that have at least two years of experience in the classroom, and then after receiving a Masters Degree in School Counseling and passing their certification test are eligible to become certified school counselors. The same code of ethics they followed as teachers applies to them as school counselors as well.

The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. (Educators’ Code of Ethics | Texas Education Agency, n.d.)

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1. Procedural safeguards notice

The school must provide you with a written explanation of your rights under both IDEA and your state’s laws. You’ll get this as a printed procedural safeguards notice. You can also ask for a verbal explanation.

2. Access to educational records

You have the right to see and get an explanation of your child’s school records. You can also ask for corrections. These rights are protected by IDEA and the Family Educational Rights and Privacy Act (FERPA).

3. Confidentiality of information

The school must protect your child’s confidentiality. This includes personal information, such as your child’s name, address, social security number and other personal details. There are some exceptions, though.

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There are safeguards that are put in place for school counselors and educators that they should know. Individuals with Disabilities Education Act is mostly used for students within special education. When you read it there are some safeguards that can be used for all students here are four of the top ten. The following are the top 3 parts used to insure confidentiality is kept. (10 Procedural Safeguards in IDEA, n.d.)

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We currently do not have a local policy for confidentially. I have referred to the Family Educational Rights and Privacy Act (FERPA) a lot, but it is used by most school districts in the state of Texas, and is a guide for the district I currently work. One of the most used and referenced policies of confidentiality  School counselors and educators refer to FERPA.  FERPA 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 also gives parents certain rights with respect to their children’s education records. These rights transfer to the student he or she turns 18 or attends a school beyond the high school level.  (Family Educational Rights and Privacy Act (FERPA), n.d.)

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Texas Education Code (TEC § 33.006 and § 33.007) specifies the duties of certified school counselors. Their primary role is to counsel students to fully develop each student’s academic, career, personal, and social abilities. A school counselor is expected to have the appropriate knowledge, skills, and credentials to improve the performance of students and is expected to actively participate in counseling-related professional development. Within these codes are the rules and regulations that talk about the school counselor is to do once they are certified and how they are to work with and take care of their students. TEC CH 33 §006 (B)(7).

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HIPAA home. (2022, October 4). HHS.gov. https://www.hhs.gov/hipaa/index.html

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect information

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law requiring national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

When most people think of HIPPA they think that it only applies to patient information and doctors. In the world of education, we use a lot of the standards that fall under HIPPA. As educators, we have a lot of medical records and information that are very important to the growth of our students and we are a liberty to just divulge this information to everybody. Also, when talking to colleagues we must be aware to not discuss information that is deemed confidential.

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Family Educational Rights and Protection Act

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Family Educational Rights and Protection Act

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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." (FERPA, 2021)

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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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ACA COE §B(1)(b) states Counselors respect the privacy of prospective and current clients. Counselors request private information from clients only when it is beneficial to the counseling process. The mission of the American Counseling Association is to enhance the quality of life in society by promoting the development of professional counselors, advancing the counseling profession, and using the profession and practice of counseling to promote respect for human dignity and diversity.  Above is the PDF that contains all of the standards of the school counselor, not just information on confidentiality. This is a valuable tool for a School counselor to have.

ACA COE §B(1)(b)

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Family Educational Rights and Privacy Act (FERPA). (2021, August 25). U.S. Department of Education. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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Texas Administrative Code

The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. There are 17 titles in the TAC. Each title represents a subject category and related agencies are assigned to the appropriate title.

The following is the section that contains Confidentiality

Title 19  Part 7 Chapter 247

(A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

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Family Educational Rights and Protections Act

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Family Educational Rights and Protections Act

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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." (FERPA, 2021)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

# data[].attributes.attachment_link.readable_text
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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Welcome to the Texas administrative code. (n.d.). Redirect to Texas Secretary of State. https://www.sos.state.tx.us/tac/index.shtml

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On the state and local level the Texas Education Agency (TEA) is very instrumental in learning what the ethical and legal obligations of not just school teachers but school counselors in the state of Texas as well. The TEA §247.2 (3) states all the standard codes that an educator in the state of Texas must adhere to when working with students. A school counselor is a certified school teacher with two or more years of classroom experience, so they must adhere to these standards as well.

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One of the biggest agencies that will be instrumental in learning the ethical and legal obligations of a school counselor is the American School Counseling Association (ASCA)Code of Ethics. Written in 2014, the ASCA COE § (B) was written so that counselors recognize that trust is a cornerstone of the counseling relationship. Counselors aspire to earn the trust of students by creating an ongoing relationship, establishing and upholding appropriate boundaries, and maintaining confidentiality. Counselors communicate the parameters of confidentiality in a culturally competent manner.

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Iyer, N. N., & Baxter-MacGregor, J. (2010). Ethical dilemmas for the school counselor: Balancing student confidentiality and parents’ right to know. NERA Conference Proceedings 2010. Paper 15. Retrieved from https://opencommons.uconn.edu/nera_2010/15/?utm_source=digitalcommons.uconn.edu%2Fnera_2010%2F15&utm

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From the everyday class problem to something that might be troubling them at home, the school counselor will experience and hear a lot of information about their students that is why Confidentiality is such a big legal and ethic topic and that is why it was chosen for this assignment.

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One of the most current and ongoing issues in School counseling is confidentiality and its limits. As school counselors we are  told information that will be considered confidential.  The counseling relationship between students and their school counselor requires an atmosphere of trust and confidence. Students must trust the school counselor to be able to enter into a meaningful and honest dialogue with them. (Iyer & Baxter-MacGregor, 2010).

However, students should be informed there are exceptions to confidentiality. As School counselors work with their students they must divulge information they obtain to prevent serious and foreseeable harm to students themselves or others.