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Topic: Student Confidentiality

Audience: School counselors

Professional Perspective: School counselors must maintain confidentiality with their students’ personal information unless serious and foreseeable harm exists. Confidentiality is the cornerstone of the school counselor and student relationship (O’Connell, 2012). A school counselor's main purpose is to provide students with the tools they need to succeed academically, personally, and socially. A mutually respectful and trusting relationship is important.

O’ Connell, W. P. (2012). Secondary School Administrators’ Attitudes Toward Confidentiality in School Counseling. NASSP Bulletin, 96(4), 350–363. https://doi-org.easydb.angelo.edu/10.1177/0192636512466936

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The commissioner of education, the State Board of Education (SBOE), and the Texas Education Agency (TEA) guide and monitor public education in Texas. The SBOE provides leadership and state-level administration as prescribed by law, and the commissioner and TEA staff implement state education policy (Texas Association of School Boards, 2020).

Texas Association of School Boards. (2020). FAQ: Texas School Board Roles and Responsibilities. https://www.tasb.org/resources/texas-school-board-roles-responsibilities#:~:text=A%3A%20The%20commissioner%20of%20education,staff%20implement%20state%20education%20policy.

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Texas School Board’s Roles and Responsibilities

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School board members are advocates for their school district. The role the school board plays in public education is vast, so what are the most important responsibilities of the school board?

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Slide 3: Federal and State Constitutional Law

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Slide 3: Federal and State Constitutional Law

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Federal: Family Educational Rights and Privacy Act (1974)

Parents or eligible students have the right to inspect and review the student's education records maintained by the school.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading.

Schools must have written permission from the parent or eligible student in order to release any information from a student's education record

https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

State: House Bill No. 2087 The Student Privacy Act (2017).

Protects students’ personally identifiable information used on websites, online services, online applications, or mobile applications for a school purpose.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.ht

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

Tex. Educ. Code (2017). § 32.151(3).

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Texas Statute: Texas Education Code § 26.004 (b).

Parents are entitled to all educational records that pertain to their child (2017).

Texas Administrative Law: Texas Administrative Code Title 19 Chapter 27

Educators are not to intentionally or unknowingly treat a student in a manner that negatively affects their academic, personal, physical, or mental health (2022).

Texas Administrative Code. (2022). Title 19, Chapter 247, Rule 247.2, Standard 3.2.

Tex. Educ. Code (2017). § 26.004 (b).

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Owasso Independent School District v. Falvo attempted to ban peer grading in the classroom citing a violation of FERPA. Allowing other students to see others’ work and know their grades was embarrassing to students. The district court noted that grades put on papers were not “educational records” therefore not violating FERPA (Owasso Independent School District v Falvo, 2001).

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). https://supreme.justia.com/cases/federal/us/534/426/#tab-opinion-1961015

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Individuals with Disabilities Education Act (IDEA) is a federal statute that pertains to students with disabilities, but requires school districts to maintain student confidentiality (2024).

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).

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Individuals with Disabilities Education Act

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Statute

The Individuals with Disabilities Education Act (IDEA) is a law, or statute, authorizing:

1. formula grants to states

2. discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations

Search IDEA Statute

Sections of the IDEA Statute

The IDEA statute includes four parts:

Part A. General Provisions

Part A outlines IDEA's general provisions, including the purpose of IDEA and the definitions used throughout the statute.

Part B. Assistance for All Children with Disabilities

Part B includes provisions related to formula grants that assist states in providing a free appropriate public education in the least restrictive environment for children with disabilities ages three through 21.

Part C. Infants and Toddlers with Disabilities

Part C includes provisions related to formula grants that assist states in providing early intervention services for infants and toddlers birth through age two and their families.

Part D. National Activities to Improve Education of Children with Disabilities

Part D includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent-training and information centers.

Complete IDEA Statute

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Statute and Regulations - Individuals with Disabilities Education Act

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The Individuals with Disabilities Education Act (IDEA) is a law, or statute, authorizing: formula grants to states discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations The IDEA statute includes four parts: Part A outlines IDEA's general provisions, including the purpose of IDEA and the definitions used throughout the statute.

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Slide 7: Local Administrative Law/Policy/Rule

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Slide 7: Local Administrative Law/Policy/Rule

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Abilene Independent School District’s policy relating  mandated reporting of abuse, AISD Local Policy FFG, states “any person who has reasonable cause to believe that a child’s physical or mental health or welfare have adversely affected by abuse or neglect has a legal responsibility to immediately report the suspected abuse or neglect to an appropriate authority” (2021, p. 1).

Abilene Independent School District. (2024). FL(Local)-A Update122. Student Records. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1118&code=FL#localTabContent

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Policy Code FL – Student Records – Abilene ISD Board Policy Manual - Policy Online

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Note: For information regarding law enforcement and schools, see GRAA. For information regarding juvenile law enforcement records, see GBA.

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Slide 8: Three Risk Management Strategies

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Slide 8: Three Risk Management Strategies

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Three risk management strategies could include:

Ensuring that you are familiar with the state laws (Tuttle et al., 2019).

Engage in training opportunities regarding school counselor expectations.

Collect and retain only the minimum amount of student information necessary for educational purposes (Williams & Wehrman, 2010).

Tuttle, M., Ricks, L., & Taylor, M. (2019). A Child Abuse Reporting Framework for Early Career School Counselors. Professional Counselor, 9(3), 238–251. https://doi-org.easydb.angelo.edu/10.15241/mt.9.3.238

Williams, R. L., & Wehrman, J. D. (2010). Collaboration and Confidentiality: Not a Paradox but an Understanding Between Principals and School Counselors. NASSP Bulletin, 94(2), 107–119. https://doi-org.easydb.angelo.edu/10.1177/0192636510374229

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American School Counselor Association provides the ethical standard regarding confidentiality stating, “ school counselors promote appropriate rationale and procedures for disclosure of student data and information to school staff” (2022, p.2). It impacts school counselors by providing the framework for identifying what is to be kept confidential and what could be disclosed to guardians.

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. A.2(a) https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Slide 10: Personal Connection to Legal/Ethical Standards

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Slide 10: Personal Connection to Legal/Ethical Standards

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I have worked in education for over a decade. In that time, I have learned the importance of following legal and ethical standards to protect our students. Within this course, I have become more familiar with those standards, and have a greater understanding of how important it is not only for our students, but also for the educator. Researching different laws and regulations that pertain to student confidentiality and the consequences of not following them has deepened my understanding on the necessity of continued education and training.

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Best practice to ensure compliance:

Ensure understanding of FERPA

Maintain secure record-keeping

Limit access to educational records to professionals with legitimate educational interest

Obtain consent from parent/student when sharing data

Engage in trainings

Stay updated on new and changing laws and regulations