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The student is the primary legal and ethical obligation to the school and all stakeholders.

The parent/guardian rights shall always be followed and minded.

Students should be informed if there are exceptions to the confidentiality process for certain situations.

The school counselor should build a relationship between the student and counselor of trust and confidence to help create success in all forms for student needs.

(Lyer & MacGregor, 2022)

Profession Perspective

Confidentiality is one of the most important and impact topics for a school counselor and a professional school counselor program. A rapport of trust, comfort, and respect, must be built with a student to be able to share their true needs. Knowing your responsibility to a student and their parent's right can be difficult to a topic that must be handled with caution and professionality.

Audience

All stakeholder of school districts, most importantly school counselors.

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The American School Counselors Association (ASCA) sets the standards for all school counselors in the United States. The governing agency of the Texas School Counselor is the Texas Education Agengy (TEA).

(ASCA, 2024; Texas Education Agency, 2024)

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Federal Law

Confidentiality or the right to privacy is not mentioned in the U.S. Constitution specifically.

Some amendments adress privacy rights.

The privacy right protected by the constitution by the 14th amendment section 1.6, it regards the right to privacy and confidentiality.

Protection of disclosure of personal matters.

Holds the right to governing agencies asking information regarding interest as an employer.

Concerns exist regarding the extent of rights, privacy, and confidentiality.

(U.S. Const. amend. XIV, § 1.6.3.3)

Link to Full Text of Law

The Texas Constitution

Section 9 of article I, secures Texan citizens the right to their persons, properties, papers, and possessions.

Search and seizures are also protected by this section that is protected by oath and affirmations.

(Tex. Const. art I, § 9)

Link to Full Text of Law

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Family Educational Rights and Privacy Act (FERPA)

provides protection of student educational records

certain rights are reserved for parents and their child's educational records

written consent must be provide for a release of student records with a few expections stated by the law

(20 U.S.C. § 1232g; 34 CFR Part 99)

Link to full text- FERPA

The Texas Administrative Code

sets the ethical standards for all Texas school counselors and educators

disclosure of confidential records can not be unless required by the law

(19 Tex. Admin. Code §247.2)

Link to full Text- Tex. Admin. Code

Disciplinary actions can happen to employees that break confidentiality. Parents can proceed to press charges against school districts and individuals who fail to follow these laws.

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

A sucial intent was informed from another student to a school counselor.

The parents were not informed by the school counselor.

A wrongful dealth suit was brought up by the student's father against the school for not informing him of the previous intent.

The ruling of the lower courts were that the school and counselor were not liable as their duty was not to intervene.

The ruling of the higher courts were that the student's intentions were foreseeable and that the parents should have been informed by the school counselor or school.

This case helped establish the duty of school counselors to inform parents about threats, intents, or potiential intents of suicide.

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

Link to Full Text-Eisel v. Board of Education of Montogomery Count

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The Texas Education Agency

Providde the standards for the Texas School Counselors

comply to the best pratices and legal and ethical choices

Consider the appropriate use of:

Email

documentation

records

technology

informed consent

communication

(19. Tex. Admin. Code §239.15.f.11)

Link to Full Text- TAC

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San Felipe Del Rio CISD

Provides a policy and the procedures to follow that are located online and on the employee handbook.

The crisis team of the school are trained professional that help through the process of an emergency and non emergency event.

Crisis team will inform parents of at risk students and situations.

Notifications are made quickly after reporting any warning signs.

(SFDR-CISD, 2024)

Link to Full Text- SFDRCISD

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Confidentiality must be the priority of staff

training on the confidentiality process should be given

student records should be under a locked location

records shall only be shared within the school or district

initial meetings with students must explain the confidenitiality process and exceptions

Report any violations to student information that are for non educational reasons

(Lyer & MacGregor, 2022)

If student information is shared without proper consent, there could be consequences by local administration or legal charges by parents or guardians to the extent of schools and districts having law suits.

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Code of Ethics

promote a safe environment

do not discriminate or be bias

provide support

provide privacy and confidentiality

Access to a school counseling program

advocate for all students

implement and aid in student's career plans

help students development

A professional school counselor's priority is the well being of students. One must show dignity and respect to students. School couselors are involved in career, academic, social and emotional needs of astudent.

(ASCA, 2022)

Link to Full Text- ASCA

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Connection to Legal and Ethical Standards

I have learned during this time that confidentiality is a responsibility of the entire school and district as a whole. A student's confidentiality and privacy is something I can provide for my students in my office as long as there is no special cases that involve someone getting hurt or with the student's permission. It is shocking, yet understandable of how important confidentiality is in a school, from student records to a simple conversation, following practices and procedures are non-negotiables.

Feelings and Educational Goals

As a school counselor, we support our student social, emotional, and career developmental needs. We guide and assist as much as possible to reach career, personal, and academic goals. The trust that is built with each child is sacred and you have to learn to keep it to yourself even if it is a heavy load. Everyday is a new day and a new challenge and we just have to be prepared to act in the best interest of the child.

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If there is a violation in confidentiality one must notify administration as soon as possible.

We must follow school standards and procedures.

We must follow the ASCA ethical standards.

Avoid sending student information through email, best methods are via phone or in-person.

Student records must be in a locked area where access is limited.

Notes or documents should be separate from educational records and must be shredded when they are no longer needed.