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Audience: Texas Public school counselors at all grade levels, administrators, teachers, and all school staff.

Field of Education: School Counseling - Currently a K-12 Special Education Counselor - Future goal is to become a High School Counselor

Topic: Confidentiality in School Counseling

Purpose: I chose this topic because confidentiality is the foundation for a trusting, safe, and ethical school counseling environment and program. Confidentiality is also a topic that creates a lot of confusion for school staff, counselors, parents, and students. School counselors must understand the legal and ethical guidelines for confidentiality in school counseling.

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Federal Governing Body: United States Department of Education

It is important to note that it is a possibility that the Department of Education will be fully dismantled and education will become a state and local responsibility.

The US Department of Education oversees federal regulations and laws related to education. The Family Educational Rights and Privacy Act (FERPA) was created by Congress (federal level) and enforced by the US Department of Education.

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State Governing Body:

The Texas Education Agency (TEA) and State Board for Educator Certification (SBEC) are the state agencies that oversee public education in Texas.

TEA provides guidance, support, resources, and accountability systems and oversees the distribution of federal funding for public schools in Texas. The SBEC oversees policies, guidelines, and standards that public schools must follow and align with. The TEA is also responsible for audits, school report cards, accountability, complaints, etc.

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United States Constitution – 14th Amendment

U.S. Const. amend. XIV

Link: https://constitution.congress.gov/constitution/amendment-14/

Protects fundamental student rights.

Guarantees student privacy, due process, and equal protection under the law.

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Family Educational Rights and Privacy Act

20 U.S.C. § 1232g (2023)

Link: https://studentprivacy.ed.gov/ferpa

Protects student privacy, specifically regarding access to educational records.

Grants parents and students the right to examine and request records.

Must have consent to disclose information except regarding limitations such as health, safety, subpoena, etc.

School counselors must comply with FERPA when handling student records or disclosing information to others.

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Texas Constitution, Article I, Section 9

Tex. Const. art. I, § 9

Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

Protects individuals from unreasonable searches and seizures.

School counselors must uphold this right in the school setting.

Exceptions and limitations must align with local and state policy.

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Texas Educators’ Code of Ethics

19 Tex. Admin. Code § 247.2(3)(A) (2022) – Standard 3.1

Link: https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05%2F07%2F2025&recordId=192646

School counselors must maintain the confidentiality of student information and comply with district and state policies.

Disclosure of confidential information is only legal if it falls under the limits of confidentiality (harm to self or others, suspected abuse, legal purposes)

Breaching confidentiality can lead to action by the State Board for Educator Certification (SBEC).

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Abrams v. Jones, 35 S.W.3d 620 (Tex. 2000)

Link to Full Text: https://caselaw.findlaw.com/court/tx-supreme-court/1171932.htmlFindlaw+1Findlaw+1

This case law highlighted an issue of parent rights/access to their child's counseling notes/data.

Parents do not always have full access to their child's counseling records, especially if the child's well-being is at risk or in danger.

School counselors must uphold student privacy and confidentiality while still valuing parental involvement and adhering to parental rights.

If the counselor feels that the student's safety is at risk, the counselor has the right not to release certain information or records to parents.

For example, if a parent is requesting information about recent counseling sessions but the student has expressed they are scared their parent will harm them, the counselor has the right to withhold that information and would call law enforcement immediately.

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34 C.F.R. pt. 99 (2025)

https://www.ecfr.gov/current/title-34/subtitle-A/part-99

School Counselors must follow and stay up to date with all FERPA regulations.

Parental and student written consent is required before releasing information.

This regulation explains the type of education establishments that are required to follow FERPA - public and private schools that receive funding from the US Department of Education.

This regulation explains the limitations on disclosing information and consent, including legal orders and the health and safety of students and others.

The types of records defined by FERPA are educational, personal, and school directory information.

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Lubbock Independent School District Student Handbook

LISD Student Handbook 2024–25

Link: https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/3628/LISD/4628885/2024-25_Student_Handbook.pdf

Summary:

Lubbock ISD highlights district policy on parental rights in their student handbook while adhering to federal and state confidentiality and student privacy laws.

Their parental rights policies cover consent for curriculum, mental health care, psychological evaluations, displaying student work, audio/video recording, releasing directory information, opting out of activities, releasing student info to military recruiters, and participation in surveys.

"The Family Educational Rights and Privacy Act, or FERPA, permits the district to disclose appropriately designed "directory information" from a student's education record without written consent" (Lubbock Independent School District, 2024).

School counselors must abide by their district policy, which, in this case, is aligned with state and federal law.

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1. Ensure that all teachers, school counselors, administrators, and any other school personnel are trained on district, state, and federal confidentiality policies and laws.

2. Establish and implement procedures for storing, sharing, and deleting records that align with FERPA and district policy and protect student confidentiality (ASCA, 2022, A.13.f).

3. Develop consistent campus-wide response procedures for when a breach of confidentiality occurs online (should include documentation, contact person, backup technology system, revisions to district policy, review of federal and state policy)

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American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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American School Counseling Code of Ethics

A.2.e - Confidentiality

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Am. Sch. Counselor Ass’n, Ethical Standards for School Counselors, A.2.e (2022)

School counselors must inform students of the limits of confidentiality.

School counselors must ensure that students fully understand what the limits of confidentiality mean and look like (what information will be kept private)

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American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Lubbock Independent School District. (2024). Lubbock Independent School District Student handbook. In Lubbock Independent School District Student Handbook. https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/3628/LISD/4628885/2024-25_Student_Handbook.pdf

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I have made it part of my protocol and session structure to consistently remind and inform students about the limits of confidentiality and what that means and looks like.

As a special education counselor, I always get written consent before a related service counseling evaluation, and I go through confidentiality with the parents regarding what consent for related service counseling entails.

Reviewing confidential legal and ethical guidelines in school counseling has made me reflect and implement safe and ethical practices for storing session notes, email communication, and being mindful of what type of information or notes I store.

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Evaluate current confidentiality policies and implement/revise a district-wide confidentiality policy that aligns with Texas and Federal confidentiality and privacy laws and regulations.

Establish a campus-wide response plan for when confidentiality is breached, including contact information, documentation, a technology backup system, etc.

Inform and explain the limits of confidentiality to parents and students consistently, ensuring they are fully informed.

Continue to train and update all school personnel on district, state, and federal laws, policies, and regulations regarding student confidentiality.

Implement storing and discard procedures/timelines for student information.

Evaluate current forms of storing student information (paper and digitally) and ensure the methods are safe, legal, and ethical for storing and disclosing student information.