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Include a description of your professional perspective and field of education as well as a description of the audience and topic of the Guide. Include why you chose this topic.

My professional perspective on confidentiality is that it is essential to build trust and rapport and establish relationships, which is a fundamental principle in the role of a school counselor. Confidentiality plays a crucial role in protecting the privacy of all students and ensuring they feel secure in their school environment. When working with students, it is essential to clarify the limits of confidentiality before beginning counseling. However, sharing information should only occur when it is necessary for the student's well-being. The legal and ethical guide's target audience is school counselors, administrators, and school staff who need direction and guidance on how to navigate legal and ethical issues regarding confidentiality. I chose the topic of confidentiality due to school counselors needing to handle legal and ethical issues without transparent instructions while maintaining a dedicated commitment to students and their privacy.

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The US Department of Education is the federal agency responsible for compliance with legal and ethical confidentiality practices in the United States. It oversees that states adhere to the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student education records. If states do not adhere to FERPA, the US Department of Education has the right to withhold federal funds from them (US Department of Education (ED), 2021).

The Texas Education Agency (TEA) is the state agency responsible for complying with legal and ethical practices regarding confidentiality in Texas. TEA is compelled to ensure schools comply with the Family Educational Rights and Privacy Act (FERPA) to protect the confidentiality of student information. If school districts do not comply, they risk losing state funding (Texas Education Agency, n.d.).

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US Department of Education (ED). (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html & Texas Education Agency. (n.d.). Welcome and overview. https://tea.texas.gov/about-tea/welcome-and-overview 

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Slide #3 Identify the federal and state constitutional laws.

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Slide #3 Identify the federal and state constitutional laws.

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Identify the federal and state constitutional laws that align with your topic. The laws should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

One U.S. constitutional law is the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 C.F.R. Part 99), which is designed to protect the educational privacy of student records. If a judicial order is lawfully issued, the school counselor must comply and release student records (U.S. Department of Education (E.D.), 2021).

One state law is the Texas Education Code (Tex. Educ. Code) Chapter 26 is designed to advocate parents' rights concerning their child's education. This law states that schools are required to provide parents access to counseling and psychological records, which obstructs confidentiality (Counselors Making the Right Call, 2021).

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US Department of Education (ED). (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html & Counselors making the right call. (2021, August 18). TCTA. https://www.tcta.org/legal-updates/counselors-making-the-right-call                               

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Slide #4 Identify the one statue and one administrative law.

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Slide #4 Identify the one statue and one administrative law.

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Statute

Federal: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records and provides parents and eligible students certain rights to examine and evaluate these records. Schools must protect student's records and only release information with proper permission or under certain conditions. It also allows parents the authority to inquire about school records they believe to be false (US Department of Education (ED), 2021).

Administrative Law

State: The Texas Administrative Code (TAC) § 681.35 states that counselors must disclose the limits of confidentiality and informed consent from the client before beginning services (22 Tex. Admin. Code § 681.35, 2023).

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US Department of Education (ED). (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html & (22 Tex. Admin. Code § 681.35, 2023).

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Slide #5 Identify the common or case laws.

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Slide #5 Identify the common or case laws.

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The court case Eisel v. Board of Education, in which a thirteen-year-old girl, Nicole, was called in by the school counselor because she told a friend she was going to kill herself. The school counselors spoke to Nicole and the friend. Nicole denied making the statement, and the school counselors did not notify Nicole’s parents or administration. Nicole and another student carried out a murder-suicide in a park. The Maryland Court of Appeals determined that the school counselors had a responsibility to inform Nicole’s parents. The court case specified the legal responsibility of school counselors to intercede when a student exhibits suicidal intent in order to prevent harm. (Eisel v. Board of Education, 324 Md. 376, 380 (Md. 1991).

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Slide #6  Identify the federal regulation or mandate.

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Slide #6  Identify the federal regulation or mandate.

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The law should include the source of law (label it appropriately), the intext citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

One regulation that impacts confidentiality is the Family Educational Rights and Privacy Act (FERPA). It grants parents and eligible students certain rights regarding educational records. They have the right to inspect and review records maintained by the school and can request corrections to any information they find incorrect. Schools need written permission from the parent or eligible student to disclose any information from these records. However, FERPA does permit schools to disclose records without consent in certain circumstances. Schools and educators must balance and maintain confidentiality regarding personal student information (US Department of Education (ED), 2021).

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US Department of Education (ED). (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html   

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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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The Uvalde Consolidated Independent School District’s school board policy concerning confidentiality establishes the privacy of student records and indicates the manner in which the records could be disclosed. The policy corresponds to the Family Educational Rights and Privacy Act (FERPA), in which educators are required to grant authorized individuals access to student records while maintaining confidentiality regarding personal student information (Policy Code FL – Student Records – Uvalde CISD Board Policy Manual - Policy Online, 2023).

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Policy Code FL – Student Records – Uvalde CISD Board Policy Manual - Policy online. (2023, November 8). https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1177&code=FL#legalTabContent  

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Risk management strategies:

Training and professional development. Provide updated training and education on policies, new mandates, and regulations on confidentiality. Ensure school counselors understand and have insight into when to break confidentiality.

Establish a model. Established procedures that can provide a framework for addressing ethical dilemmas. These procedures serve as guidelines to navigate uncertainty and help determine appropriate actions or decisions. Organize a system for school counselors, including campus administrators, to reach out with questions and concerns about confidentiality.

Create a policy. Establish clearly communicated guidelines to ensure that students understand the purpose and goals of counseling. It is important to also make sure that students comprehend the limits of confidentiality in order to maintain a safe and supportive counseling environment

(American School Counselor Association, 2022).

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"Inform students of the purposes, goals, techniques, rules, and procedures under which they may receive counseling. Disclosure includes informed consent and clarification of the limits of confidentiality" (American School Counselor Association, 2022).

The American School Counselor Association (ASCA) Ethical Standards for School Counselors provides school counselors with a comprehensive guide for the ethical practices of all individuals participating in a school counseling capacity. It offers guidance and instruction regarding school counselors' responsibilities. It also establishes that school counselors are to obtain informed consent and that students understand the limits of confidentiality. It is crucial for students to comprehend the significance of counseling and when confidentiality must be breached (American School Counselor Association, 2022).

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Slide #10 Personal Connection to the Legal and Ethical

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Slide #10 Personal Connection to the Legal and Ethical

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As a future school counselor, it is crucial for me to understand the legal and ethical standards regarding confidentiality in school counseling. This includes being aware of laws such as the Family Educational Rights and Privacy Act (FERPA) that protect student records and information. Additionally, I must understand the limitations to confidentiality, such as situations involving harm to self or others, as well as the protocol for obtaining proper consent for sharing information. Understanding these standards is essential for creating a safe and trusting school environment for students.

The laws concerning confidentiality with students provide a guideline for me to follow with my future students. These regulations help me understand the importance of privacy, gaining students' trust, and building relationships. They will enable me to ensure that I have the student's best interests and allow me to be an effective counselor who puts students' needs first.

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Slide #11 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #11 Bulleted list of Recommendations / Best Practices for Compliance

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Recommendations for confidentiality:

Establish a decision policy. The policy should inform school counselors who to contact and what the guidelines are when encountering ethical dilemmas.

Review policy and procedures. Set up a time before school starts to review federal, state, and local guidelines. Ensure school counselors and staff understand policies and procedures and address questions or concerns.

School counseling policy. Ensure school counselors acquire informed consent and disclose limits of confidentiality when counseling students.

Counseling information. Provide school staff and parents with information about the role of the school counselor and the limits of confidentiality.

Mentorship. Create a mentorship to support new counselors. Allow school counselors the opportunity to have a foundation that facilitates guidance and encouragement.

Advocate for confidentiality. Support safe practices with staff and students to prevent confidential information from being communicated with anyone who does not have an educational interest in the student.