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References

19 Tex. Admin. Code § 249 (2024). Retrieved from https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/ch249e.pdf

19 Tex. Admin. Code Chapter 247 (2024). Retrieved from https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac/sboe-tac-currently-in-effect/ch074a.pdf

American School Counselor Association. (2022). ASCA ethical standards for school counselors. ASCA Ethical Standards for School Counselors; American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

American School Counselor Association. (2024). FAQs - American School Counselor Association (ASCA). Www.schoolcounselor.org. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/FAQs

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974). Retrieved from https://www.govinfo.gov/app/details/USCODE-2023-title20/USCODE-2023-title20-chap31-subchapIII-part4-sec1232g

Irving Independent School District. (2024). Irving ISD employee handbook 2024-2025. https://drive.google.com/file/d/1XDBbQTm-8Uj_z8k3DJBNGSZxumlSoFih/view

Texas Constitution, art. I, § 8. Retrieved from https://statutes.capitol.texas.gov/docs/cn/htm/cn.1.htm#:~:text=15%2C%201876.)-,Sec.,speech%20or%20of%20the%20press.

Texas Education Agency. (2020). Welcome and overview. Tea.texas.gov. https://tea.texas.gov/about-tea/welcome-and-overview

Texas Education Agency. (2024). TSDS Web-Enabled Data Standards. https://tealprod.tea.state.tx.us/TWEDSAPI/23/0/0/Overview?IntroductionId=672

Tex. Educ. Code § 39.003 (2024).

U.S. Const. amend. I. Retrieved from https://www.law.cornell.edu/constitution/first_amendment

U.S. Department of Education. (2016). Family Educational Rights and Privacy Act regulations, 34 C.F.R. Part 99. https://studentprivacy.ed.gov/ferpa

U.S. Department of Education. (2024). Federal role in education. U.S. Department of Education. https://www.ed.gov/about/ed-overview/federal-role-in-education

Wikoff, H., & Rock, W. (2024, October). Confidentiality and FERPA. ASCA School Counselor, 62(1). https://www.ascaschoolcounselor-digital.org/ascaschoolcounselor/library/item/september_october_2024_school_counselor_ethics/4218791/

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6a. Texas Education Data Standards (Texas Education Agency, 2024) 

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6a. Texas Education Data Standards (Texas Education Agency, 2024) 

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The Texas Education Agency publishes digital regulations on proper reporting of confidential student data through Web Enabled Data Standards, or TWEDS

TWEDS are published by the Data Governance Department of TEA to ensure only essential student data is collected through the Texas Student Data System for accountability purposes

Representatives from the local education agency (school district) are responsible for submitting student data through this management system

Although not all educational stakeholders are required to utilize the data reporting system, TWEDS provides the most comprehensive standards on what is considered confidential student information

Digital Access to Current Texas Web Enabled Data Standards

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Consult with campus and district personnel following a confidentiality breach to evaluate if changes to procedures are necessary

Engage in additional measures to protect confidentiality for students who have been previously involved in data leaks to rebuild trust with families

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11b. Intervention (American School Counselor Association, 2024)

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11b. Intervention (American School Counselor Association, 2024)

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Define the Ethical Dilemma

Identify the parties involved in the confidentiality breach, including those impacted

Evaluate whether there is a duty to report which required a confidentiality breach

Consultation & Disclosure

Consult with necessary professionals to ensure the proper procedure has been followed for a confidentiality breach

Includes disclosure to parents (and students when applicable)

Includes disclosure with legal aid, whether individual or district representation depending on liability

Identify Possible Solutions

Evaluate each possible course of action with consideration for potential consequences

If possible, involve the student in the decision-making process to facilitate autonomy

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11a. Prevention (American School Counselor Association, 2022)

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11a. Prevention (American School Counselor Association, 2022)

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Promote Universal Awareness of Confidentiality Standards

Includes informed consent for parents and informed assent for students

School counselors must remain up to date with the latest changes to federal, state, and local confidentiality policies

Remain Firm in Ethical Boundaries with Stakeholders

Stakeholders may have legitimate requests for confidential student information, but disclosure from school counselors must be within legal and ethical bounds

e.g. Teacher inquiring about a student's mental health state

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Based on my experience in this course, I plan to closely monitor changes to educational laws at the federal and state level.

I plan to evaluate local policies before engaging in the interview process with a school district to ensure compliance and alignment to the ASCA School Counseling Model.

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With aspirations to continue working with Title 1 populations, I anticipate future ethical dilemmas regarding disclosure policies and student confidentiality. The probability of encountering non-traditional family roles has been much higher in my experience working with economically disadvantaged students. Therefore, the importance of understanding the scope of confidentiality and effectively communicating policies to educational stakeholders, including limits, is a crucial part of the school counselor's toolkit.

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Legal and ethical standards provide an essential framework for school counselors to ensure the proper procedures for student advocacy are in place. The legal and ethical challenges surrounding student confidentiality with custodial and non-custodial parents has been my greatest first-hand learning experience so far. The legal and ethical principles I have analyzed throughout this course will equip me with the necessary skills to tackle ethical dilemmas regarding student confidentiality in the future.

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9a. ASCA Code of Ethics (American School Counselor Association, 2022)

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9a. ASCA Code of Ethics (American School Counselor Association, 2022)

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Section A2 outlines the school counselor's responsibilities for protecting student confidentiality

Includes 16 specific standards that outline the best practices

Outlines the limits to confidentiality based on legal requirements or foreseeable harm

Advises the least intrusive approach when confidentiality must be breached, advocating for student autonomy when applicable

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8c. Maintain Necessary Documentation (American School Counselor Association, 2022)

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8c. Maintain Necessary Documentation (American School Counselor Association, 2022)

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Documentation can be extremely useful in legal proceedings, particularly in liability protections for the school counselor

As previously noted, make sure documentation is encrypted for digital notes or stored in a safe, private space for physical notes

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8b. Secure Data and Limit Information Sharing (American School Counselor Association, 2022)

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8b. Secure Data and Limit Information Sharing (American School Counselor Association, 2022)

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Always use non-identifiable terms for students when initiating a conversation, particularly digital communication such as email

Use approved, encrypted programs to store records when necessary

Minimize consultation with professionals sources when ethical guidance is needed, using non-identifiable terms for students not on their caseload

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8a. Educate Stakeholders (American School Counselor Association, 2022)

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8a. Educate Stakeholders (American School Counselor Association, 2022)

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Ensure students, staff, and families are aware of the school's confidentiality procedures in accordance with federal law

Properly inform all stakeholders of the limits to confidentiality, particularly students

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7a. Irving Independent School District Local Policies (Irving Independent School District, 2024)

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7a. Irving Independent School District Local Policies (Irving Independent School District, 2024)

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Irving ISD provides an annually updated employee handbook each school year, including a comprehensive overview of employee conduct

The handbook is publicly accessible on their website and by clicking the image above

Provides local policies on student confidentiality expectations for all employees, including compliance with federal and state law

Includes the proper protocol when confidentiality is breached as well

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4a. Family Educational Rights and Privacy Act (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, 1974)

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4a. Family Educational Rights and Privacy Act (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, 1974)

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The Family Educational Rights and Privacy Act (FERPA) is a federal statute established by the United States Congress in 1974

Digital Access to FERPA

FERPA includes a variety of rights and responsibilities to

Students

Schools will maintain private, confidential records that are only accessible to authorized parties

Parents

Hold the right to inspect and review their child's educational record

School Personnel

Notify parents on an annual basis of their rights through FERPA

Cannot disclose personal information without prior consent from the parent

Exceptions include:

Consultation with staff who provide services for the student

Threat of Harm to Self or Others

Suspected Child Abuse and/or Neglect

Compliance with legal requirements such as a court order

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5a. Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)

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5a. Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)

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Kristja Falvo argued her children's rights to confidentiality were violated when students were required to participate in a peer grading exercise without her consent

The case reached the U.S. Supreme Court, establishing limitations to confidential information covered under the Family Equal Rights and Protection Act (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, 1974)

The court unanimously ruled that a paper used in peer grading is not a part of the child's education record, and only a student's educational record can be protected under FERPA

Case Brief

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4b. Texas State Board for Educator Certification Code (19 Tex. Admin. Code Chapter 247, 2024)

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4b. Texas State Board for Educator Certification Code (19 Tex. Admin. Code Chapter 247, 2024)

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Authorizes the State Board for Educator Certification to enforce ethical standards as a part of an educator's license

Failure to uphold educator standards can result in reprimand, suspension, or revocation of an educator license

Addresses the professional responsibilities of school counselors to ensure student information remains confidential

Includes authorized access to parents in need of their child's educational record

Digital Access to the State Board for Educator Certification Administrative Law

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3b. Article 1, Section 8 of the Texas State Constitution (Tex. Const. art. I, § 8)

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3b. Article 1, Section 8 of the Texas State Constitution (Tex. Const. art. I, § 8)

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Supports the federal laws to free speech outlined in the U.S. Constitution

Includes additional measures for the right to privacy

All Texas citizens are ensured protection from legal intrusion into private affairs, which applies to information students share with school counselors

Limits to confidentiality still apply

Digital Access to the Texas State Constitution

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3a. 1st Amendment of the United States Constitution (U.S. Const. amend. I)

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3a. 1st Amendment of the United States Constitution (U.S. Const. amend. I)

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Students hold the right to speak freely without fear of unlawful disclosure of confidential information

Provides the legal framework to encourage student autonomy, or individual choice throughout the decision-making process

1st Amendment Digital Access

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The Family Policy Compliance Office is housed within the U.S. Department of Education and specifically responsible for monitoring compliance with FERPA at the federal level (34 C.F.R. § 99.1)

Schools that are investigated and found to be in violation of confidentiality laws can be subject to a loss of federal funding and/or civil lawsuits

The Texas Education Agency Commissioner is authorized to assemble a Special Investigations Unit to analyze allegations of civil rights violations, such as student confidentiality, within school districts or specific campuses (Tex. Educ. Code § 39.003, 2024)

Can result in required changes to local policies, administrative sanctions, or loss of accreditation from TEA

The State Board for Educator Certification is responsible for investigating individuals who are accused of violating student confidentiality, with consequences including (19 Tex. Admin. Code § 249, 2024):

Reprimand

Candidate may have an official record of administrative sanctions

Suspension

Candidate may have their license temporarily suspended

Revocation of License

Candidate may have their license revoked and unable to obtain future renewal

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2b. Texas Education Agency (Texas Education Agency, 2020)

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2b. Texas Education Agency (Texas Education Agency, 2020)

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Responsible for the operation and oversight of educators and student outcomes within public education institutions across the state of Texas

Granted authority of oversight by the State Board of Education, including special privileges held by the TEA Commissioner

In collaboration with the State Board of Education, the TEA develops a statewide curriculum and accountability system for schools

Coordinates with regional centers to provide local support to schools, including compliance with federal and state laws

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The Texas Education Agency ( TEA) is the branch of the government of Texas responsible for public education in Texas in the United States. The agency is headquartered in the William B. Travis State Office Building in downtown Austin. Mike Morath, formerly a member of the Dallas Independent School District's board of trustees, was appointed commissioner of education by Texas Gov. Greg Abbott on December 14, 2015, and began serving on January 4, 2016.

Prior to the late 1940s, many school districts in Texas did not operate schools but spent money to send children to schools operated by other districts. In the late 1940s, state lawmakers passed a bill abolishing those districts, prompting a wave of mass school district consolidation.

TEA is responsible for the oversight of public primary and secondary education in the state of Texas, involving over 1,000 individual school districts in the state and charter schools. It is also responsible for the safety of students. However, it does not have any jurisdiction over private or parochial schools (whether or not accredited) nor over home schools.

Although school districts are independent governmental entities, TEA has the authority to oversee a district's operations (either involving an individual school or the entire district) if serious issues arise (such as poor standardized test performance, financial distress, or mismanagement). This can be in the form of requiring the district to submit corrective action plans and regular status reports, assigning monitors to oversee operations (including the authority to assign a management board, which essentially replaces and performs the duties of the elected school board), and in extreme cases closure of a school campus or even the entire school district.

The University Interscholastic League (UIL), which oversees academic and athletic interscholastic competition in Texas public schools, is a separate entity not under TEA oversight.

In addition to primary and secondary education, TEA has oversight duties with respect to driver's education courses (initial permits) and defensive driving courses (used to have a ticket dismissed and/or for lower insurance premiums).

On November 7, 2007, Christine Comer resigned as the director of the science curriculum after more than nine years. Comer said that her resignation was a result of pressure from officials who claimed that she had given the appearance of criticizing the teaching of intelligent design.

In 2009, the board received criticism from more than 50 scientific organizations over an attempt to weaken science standards on evolution.

In October 2012, The Revisionaries, a documentary film about the re-election of the chairman of the Texas Board of Education Don McLeroy and the curriculum controversy, was released. In late January 2013, PBS's Independent Lens aired an abridged version the film.

Texas House Speaker Joe Straus of San Antonio, Texas said that the government should "take a look" at the structure of the board and consider a nonpartisan or appointed board if the elected members are "not getting their job done and they're not pleasing the Legislature or the citizens, then we ought to take) a thorough look at what they are doing." In 2010, Al Jezeera stated that it was "drafting its own version of American history", including altering school textbooks to remove what it said was a "left-leaning bias" and making changes that are said to have "religious and racial overtones".

A series of reports in 2016 by the Houston Chronicle found that since at least 2004, TEA denied special education services to thousands of students, prompting a federal investigation. State education officials set an arbitrary limit of 8.5% for the number of students who could receive special education services. By strictly enforcing district compliance with the benchmark, the rate of students receiving special education in Texas fell to 8.5% in 2015, far below the national average of 13%. School districts implemented a wide range of practices to reduce the number of students, including cutting services for certain children with autism and dyslexia, refusing to conduct eligibility evaluations in other languages, and refusing to accept medical records from other countries. Students who are English Language Learners (ELL) also faced a disproportionate impact resulting in a 20% difference in the rate of ELL students getting special education services compared to native speakers. In Houston ISD, the state's largest school district, after the 8.5% goal was met the standard was lowered to 8%. As a result, the district cut hundreds of special education positions, postponed diagnostic evaluations to second grade, and created a list of disqualifying factors that keep students from getting services.

TEA issued a no-bid contract for $4.4 million to SPEDx in 2017 to analyze student records to assist with the overhaul of its special education practices. Advocates raised concerns about the lack of a competitive bidding process and the Georgia-based company's qualifications, and a former TEA special education director filed a federal complaint about TEA violating state procurement processes.

In 2018, the U.S. Department of Education found that "Texas violated federal law by failing to ensure students with disabilities were properly evaluated and provided with an adequate public education." A multi-year strategic plan was released in 2018. In a grant application to the agency, TEA stated that they will not be able to ensure adequate services for special education students until June 2020.

In September 2020, in the midst of several attempts to place Houston ISD under state control, TEA investigators recommended a state-appointed conservator be selected to oversee the district.

The current commissioner of education is Mike Morath. A former member of the Dallas Independent School District's board of trustees, he was appointed commissioner of education by Texas Gov. Greg Abbott on December 14, 2015.

The commissioner's role is to lead and manage the Texas Education Agency. The commissioner also co-ordinates efforts between state and federal agencies.

TEA is overseen by a 15-member State Board of Education (SBOE) elected from single-member districts.

There are no term limits. Terms are four years in length, with one two-year term each decade. Similar to the arrangement of the Texas Senate, SBOE members are divided into two groups based in part on the intervening Census:

In elections in years ending in 2 (the election after the Census), all 15 seats are up for election.

Once the SBOE meets in session after said election, the members will participate in a drawing to determine their election cycle:

One-half will have a 2-4-4 cycle, whereupon the seat would stand for election in two years (the year ending in 4), followed by two four-year cycles (the years ending in 8 and 2).

The other half will have a 4-4-2 cycle, whereupon the seat would stand for election in four years (the year ending in 6), followed by another four-year cycle (the year ending in 0) but then the seat would stand for election in only two years (the year ending in 2).

As such, every two years, about half of the SBOE is on the ballot.

The board devises policies and sets academic standards for Texas public schools, and oversees the state Permanent School Fund and selects textbooks to be used in Texas schools.

Since 2011, the board can still recommend textbooks, but public school districts can order their own books and materials even if their selections are not on the state-approved list. So far, most districts have continued to follow the state-endorsed textbooks, but that trend is expected to change in the next two years as the districts become more cognizant of their available options.[citation needed ] Thomas Ratliff, a moderate Republican and the son of former Lieutenant Governor Bill Ratliff of Mount Pleasant, in 2010 unseated the Bryan dentist Don McLeroy, a former education board chairman who was the leader of the conservative bloc. Ratliff said in 2013 that the board is "far different" in political complexion that it was in 2010. In 2022, the GOP captured an additional seat, bringing their total to 10 of the 15-member board. Many are social conservatives, campaigning against critical race theory and gender identity lessons.[1]

Education Service Center Region XIII in Austin

To serve the large number of individual school districts and charter schools in Texas, TEA is divided into 20 regions, each containing an Education Service Center (ESC, sometimes called regional service center or regional education service center).

Under Chapter 8 of the Texas Education Code, ESCs perform the following tasks on behalf of TEA:

Assist school districts in improving student performance in each region of the system;

Enable school districts to operate more efficiently and economically; and

Implement initiatives assigned by the legislature or the commissioner.

The assistance applies to both districts and schools, including charter schools. Notably, the ESCs have no regulatory authority over districts or schools (TEA headquarters reserves this right to itself).

ESCs are not political units, and as such have no taxing authority. They are funded by state and federal funding, as well as by contracts made with individual districts and schools.

TEA rates schools and districts using the same four criteria. According to the TEA, the number of state schools and districts receiving the top ratings of "exemplary" and "recognized" increased from 2,213 in 2005 to 3,380 in 2006. In 2020, all schools were given a "not rated" designator due to the COVID-19 pandemic.

In addition to the state ranking, districts and schools can be awarded additional commendations (referred to as Gold Performance acknowledgements) for other noteworthy accomplishments not included in the ranking system.

The Texas Education Agency is funded by the people of the State of Texas, at the direction of their elected legislature and with the consent of the Governor of Texas. The agency's budget must be approved on the legislature's biannual schedule. Revenues for the agency come from the state general fund (primarily sales taxes), the federal government, the Permanent School Fund (a sovereign wealth fund created by the state with revenues from public lands), and other sources.

* Budget figure is projection; all other years are actual expenditure as reported by TEA

After the Uvalde school shooting, Governor Greg Abbott instructed state school safety and education officials to conduct random assessments on access control in Texas public and charter schools. In a letter dated June 1, 2022, Gov. Abbott emphasized the need to enhance and expand school safety measures in Texas following the Robb Elementary School tragedy. It highlights the efforts and trainings by the Texas School Safety Center (TxSSC) and outlines specific actions for school districts to improve safety and security. These actions include reviewing and updating Emergency Operations Plans, training staff, conducting safety assessments, and ensuring compliance with state laws. The letter also mandates random inspections to test security measures and calls for legislative support to secure necessary resources. The overall goal is to instill a culture of constant vigilance and accountability across all Texas schools.

A statutory addition from HB3 charged the agency with establishing the Office of School Safety and Security - a division consisting of individuals with substantial expertise and experience in school or law enforcement safety and security operations. The passage of this bill created Texas Education Code, Section. 37.1083 and 37.1084.

In a letter dated June 9, 2022, to Commissioner Morath, Governor Abbott emphasized the urgent need to prevent future tragedies like the one in Uvalde by enhancing school safety measures. Despite the comprehensive school safety and mental health legislation passed in 2019 and subsequent efforts, he stated that further actions were necessary before the next school year. Abbott called for the creation of a Chief of School Safety and Security within the Texas Education Agency (TEA) to coordinate efforts across various agencies and divisions, ensuring effective implementation of safety policies and best practices. This position was to report directly to the Commissioner and have a direct line to the Governor's Office, enhancing communication and collaboration without duplicating existing work. Abbott underscored the collective responsibility to provide a safe environment for all students, educators, and staff.

Governor Greg Abbott announced the appointment of John P. Scott as the new Chief of School Safety and Security within the Texas Education Agency (TEA) on October 3. This position was created following the tragedy at Robb Elementary School in Uvalde to ensure the implementation of school safety policies and best practices across Texas. Scott, who has an extensive background in security and intelligence, will report directly to Commissioner Mike Morath and have a direct line to the Governor's Office. He will coordinate safety efforts among multiple state agencies and school districts. Governor Abbott has also outlined significant actions to support the Uvalde community and enhance school safety statewide, including financial investments, mental health services, and legislative initiatives.

The mission of the Office of School Safety and Security is to build the capacity of the regional education service centers (ESCs) and local education agencies (LEAs) to promote the physical and psychological well-being of students and staff - recognizing that safer schools positively impact student outcomes. We align school safety and security expertise with guidance provided through technical assistance to ensure effective best practices are implemented across the state. The Office of School Safety and Security is divided in the monitoring and technical assistance division and the school readiness division.

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The Texas Education Agency ( TEA) is the branch of the government of Texas responsible for public education in Texas in the United States. The agency is headquartered in the William B. Travis State Office Building in downtown Austin. Mike Morath, formerly a member of the Dallas Independent School District's board of trustees, was appointed commissioner of education by Texas Gov.

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2a. U.S. Department of Education (U.S. Department of Education, 2024)

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2a. U.S. Department of Education (U.S. Department of Education, 2024)

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Responsible for overseeing compliance of federal statutes such as the Family Educational Rights and Privacy Act, Title I, Title IX, and the Individuals with Disabilities Education Act

Jurisdiction includes any educational institution receiving federal funding , such as:

K-12 Public Schools

Charter and Private Schools (only if they receive federal funding)

Higher Education Institutions (all public colleges and universities)

Can also include private if they receive federal funding

Vocational and Career Programs

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School personnel

Includes teachers, administrators, school counselors, and other professional staff

Aspiring educators

Parents

Students

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Confidentiality is one of the top concerns for school counselors in the field today (Stone, 2022)

Current ethical dilemmas include:

Safety Disclosure

Withholding Information from Parents

Technology Integration

Mental Health Disclosure

Legal changes to student confidentiality have been proposed at the federal, state, and local levels

For example, Texas recently proposed mandated mental health disclosure to parents, which would require the school counselor to notify a parent about any changes to their student's mental health (Tex. S.B. 77, 88th Leg., R.S., 2023)

Educational stakeholders need to be aware of the proposed and ratified changes to policies concerning student confidentiality

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Current Professional School Counseling Graduate Student at Angelo State University

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Protect the Angelo State University brand: Review these guidelines to ensure proper use of logos, trademarks, and other visual identities.