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My name is Kelly Davis, and I am a graduate student in the Professional School Counseling Program at Angelo State University. This guide will help other school counselors who have questions about the issue of confidentiality in public schools. I chose this topic because it is one all counselors encounter in their careers, and need to know about.

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The state agency that governs school counselors is Texas Education Agency (TEA). The Texas Education Code (TEC) was developed by the TEA, and it describes the school counselor's role of planning and implementing a Comprehensive School Counseling Program (CSCP) that includes the components of guidance curriculum, individual planning, responsive services, and system support (Agency, 2021).

The federal agency that governs school counselors is U.S. Department of Education. While most education policies are decide at the state level, there are some things that pertain to Texas public school and school counselors specifically. One is the Federal Educational Rights and Privacy Act (FERPA) and the Civil Rights Act(US Department of Education, 2017).

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The Federal Educational Rights and Privacy Act (FERPA) is the federal law that applies to any educational institution that receives federal funds. (20 U.S.C. § 1232g; 34 CFR Part 99)

The law protects the privacy of student educational records, including counseling records. It gives persons with "legitimate educational interest" the right to access and view student records, and gives parents the right to access their child's records.

The Texas Education Code is the law governing Texas educators, including counselors, in regards to confidentiality 19. Tex. Admin. Code. §247.2 (2018)

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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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Educ. Code Section 28.058
Confidentiality

All information regarding an individual student received by the commissioner under this subchapter from a school district or student is confidential under Chapter 552 (Public Information), Government Code. (Legislature, n.d.)

Administrative Law: FERPA 42 U.S.C. §1232g

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Doe v. Unified School Dist., 255 F. Supp. 2d 1239 (D. Kan. 2003)

*Mother of student (Barbara Doe) claims negligence of school staff, including counselor, in reporting claims of sexual abuse by Doe's stepfather.

They were not held liable, because it was the stepfather doing the harm.

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FERPA

TAC

My info kept disappearing as I researched. I don't know how to save in Padlet, I guess.

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#7 Local Administrative Law/ Policy/ Rule

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#7 Local Administrative Law/ Policy/ Rule

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The San Angelo ISD handbook addresses privacy and confidentiality in regards to parents and students. San Angelo Independent School District Student Handbook. (2023).

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According to preyproject.com, one can keep student records safe by reviewing data privacy policies of third party tools and training staff in best practices.

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Sec. 33.004. PARENTAL INVOLVEMENT. (a) Each school shall obtain, and keep as part of the student's permanent record, written consent of the parent or legal guardian as required under Section 33.003. The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved.

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#10 Personal Connection to the Legal/ Ethical Standards

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#10 Personal Connection to the Legal/ Ethical Standards

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I am thankful there are laws in place to govern confidentiality. Knowing what is required in regards to sharing with school personnel and parents is helpful, and I will do my best to follow those guidelines. Students have a right to privacy and confidentiality, but there are exceptions.

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#11 Best Practices for Compliance/ Recommendations

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#11 Best Practices for Compliance/ Recommendations

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*Know what the laws state.

*Print or book mark the places where you can quickly find the laws needed that pertain to your work.

*Document conversations with students and parents, and keep in secure place.

*Hard copy back ups or additional filed copies of pertinent information is helpful.

*The best interest of the student is our goal as counselors

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Agency, T. E. (2021, May 17). School Counseling. Tea.texas.gov. https://tea.texas.gov/academics/college-career-and-military-prep/school-counseling

Legislature, T. (n.d.). Tex. Educ. Code § 28.058 – Confidentiality. Texas.public.law. Retrieved May 10, 2024, from https://texas.public.law/statutes/tex._educ._code_section_28.058#:~:

San Angelo Independent School District Student Handbook. (2023).

US Department of Education. (2017). Policy - ED.gov. Ed.gov. https://www2.ed.gov/policy/landing.jhtml?src=pn