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Professional Perspective / Audience / Topic 

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Professional Perspective / Audience / Topic 

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Professional Perspective:

As a future high school counselor, it is vital to understand the national, state, and local laws/policies/statutes to ensure the privacy of all students.  School counselors are tasked with key roles in students’ personal, emotional, social, and academic development.  In this role, maintaining confidentiality and privacy is crucial in building a comprehensive school counseling program.  This fosters a safe and trusting environment for all students.

Intended Audience:

School Counselors

Administrators

Students Pursuing their Master’s in School Counseling

Teachers

Educational Support Staff

School Board Members

Topic:

The importance of confidentiality and privacy in school counseling.

Why:

The reason I chose this topic is that, as a veteran teacher, I have always been frustrated with the lack of communication from administrators when it concerns our students.  We are never told why a student goes to in-school suspension, alternative school, why they are suspended, their discipline record, etc. We normally find out this information from other students.  Since starting my Master’s in School Counseling, I have discovered why this is.  There are many laws, statutes, and policies governed by the US Department of Education, the Texas Code of Education, and my local school district.

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U.S. Department of Education

The U.S. Department of Education, founded in 1980, is a federal agency responsible for national education funding, policy, and programs.  Their main purpose is to ensure quality education for all students in the United States.  The U.S. Department of Education enforces laws such as FERPA which regulates the confidentiality and privacy for all students.

Texas Education Agency

The Texas Education Agency is a state agency that oversees public education in Texas.  TEA guides and regulates schools across the state of Texas.  TEA implements state and federal education laws such as FERPA, Educators’ Code of Ethics, and the Texas Education Code. TEA implements the A-F accountability rating system throughout the state for all public schools and districts.  TEA co-authored the Texas Model for Comprehensive School Counseling Programs that regulates and guides school counselors across the state.

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U.S. Department of Education

FERPA - Family Educational Rights and Privacy Act

Federal Law passed in 1974

Protects the privacy of students’ education records

Exceptions

School Officials with legitimate education interest

Student transfers to new school

Health or safety emergencies

CPS

Court order

School counselors cannot discuss student matters unless a person has legitimate education

interest, such as,

Grades

Counseling notes

Behavior concerns

Counseling notes are not part of their educational records and are used just for memory aid

https://studentprivacy.ed.gov/ferpa

Texas Education Code

Texas Education Code §38.004 — Child Abuse Reporting and Programs

Sec. 38.004.  CHILD ABUSE REPORTING AND PROGRAMS.

School districts must develop a policy for child abuse reporting and provide training for all staff.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004

Texas Education Code §26.004 — Access to Student Records

Sec. 26.004.  ACCESS TO STUDENT RECORDS.

A parent has the right to access to their child’s written records, which include,

Attendance records

Test scores

Grades

Disciplinary records

Counseling records

Psychological records

Applications for admission

Health and immunization information

Teacher and school counselor evaluations

Reports of behavioral patterns

Records related to assistance provided for learning difficulties.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.004

Texas Educators’ Code of Ethics

Title 19 EDUCATION

Part 7 STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 247 EDUCATORS' CODE OF ETHICS

Rule §247.2 Code of Ethics and Standard Practices for Texas Educators

Educators cannot reveal confidential information concerning students (unless required by law)

https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-247-2tea.texas.go

v+13law.cornell.edu+13law.cornell.edu+13‌

References

Texas Administrative Code, Title 19, Part 7, Chapter 247, Rule § 247.2

– Code of Ethics and Standard Practices for Texas Educators.

(2018). State Board for Educator Certification, Texas Education

Agency.  https://www.law.cornell.edu/regulations/texas/19-Tex-

Admin-Code-SS-247-

2 tea.texas.gov+13law.cornell.edu+13law.cornell.edu+13‌

Texas Education Code § 26.004, Access to student records. (n.d.).

Texas Constitution and Statutes.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.004

Texas Education Code § 38.004, Child abuse reporting and

programs. (n.d.). Texas Constitution and Statutes.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004

U.S. Department of Education. (2024). FERPA: Protecting student

privacy.

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

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Administrative Law

Texas Administrative Code (TAC), Title 19, Part 7, Chapter 247, Rule §247.2 – Code of Ethics and Standard Practices for Texas Educators

States ethical duties of Texas counselors and educators

Standard 3.2 states, “The educator shall not intentionally, knowingly, or recklessly disclose confidential information about colleagues or students unless disclosure serves a professional purpose or is required by law” (Chapter 247. Educators’ Code of Ethics §247, n.d.)

https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/ch247.pdf

Statute

Texas Education Code § 51.8246 – Confidential Records and Proceedings

Ensures students’ education records are treated confidential when applying to their postsecondary education institution ‌(EDUCATION CODE CHAPTER 51. PROVISIONS GENERALLY APPLICABLE to HIGHER EDUCATION, 2011).

Compliant with FERPA

https://statutes.capitol.texas.gov/Docs/Ed/htm/Ed.51.htm

Reference List

Chapter 247. Educators’ Code of Ethics §247. (n.d.).

https://tea.texas.gov/about-tea/laws-and-rules/sbec-

rules-tac/sbec-tac-currently-in-effect/c

h247.pdf

EDUCATION CODE CHAPTER 51. PROVISIONS GENERALLY

APPLICABLE TO HIGHER

EDUCATION. (2011). Texas.gov.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

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Sterling v. Borough of Minersville, 232 F.3d 190 (3rd Cir. 2000)

Confidentiality and student’s sexual orientation

Police allegedyly told his parents about his sexual orientation

Student committed suicide

Students have a constitutional right to privacy, (STERLING v. BOROUGH of MINERSVILLE, 232 F.3d 190 | 3d Cir., Judgment, Law, Casemine.com, 2023)

https://www.casemine.com/judgement/us/59147d9dadd7b04934442bd8

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

FERPA

Parent sued school district for violation of FERPA

Teacher had peers grade each other’s papers

Did not violate FERPA, ‌(Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002), n.d.)

https://supreme.justia.com/cases/federal/us/534/426/

C.N. v. Ridgewood Board of Education, 430 F.3d 159 (3rd Cir. 2005)

Parents sued school district due to personal topics on a survey saying it violated their rights

Drug use and sexual behavior was on the survey

The court found no vilation

Need for “cleary parental consent and student anonymity,”

https://law.resource.org/pub/us/case/reporter/F3/430/430.F3d.159.04-2849.html

Reference List

430 F.3d 159. (2005, December). Resource.org.

https://law.resource.org/pub/us/case/reporter/F3/430/430.F

3d.159.04-2849.html

‌

Owasso Independent School Dist. No. I-011 v. Falvo, 534

U.S. 426 (2002). (n.d.). Justia Law.

https://supreme.justia.com/cases/federal/us/534/426/

STERLING v. BOROUGH OF MINERSVILLE, 232 F.3d 190 |

3d Cir., Judgment, Law, casemine.com. (2023).

Https://Www.casemine.com.

https://www.casemine.com/judgement/us/59147d9dadd7b0

4934442bd8

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Protection of Pupil Rights Amendment (PPRA) – 20 U.S.C. § 1232h; 34 CFR Part 98

Governs surveys, evaluations, and analyses that are funded by the U.S. Department of Education, ‌(PPRA | Protecting Student Privacy, n.d.)

Protects students’ and parents’ rights to privacy regarding sensitive information

School districts must obtain parental consent for their child to participate in the survey

Parents have the right to opt their child out of the survey

Sensitive information pertains to:

Political affiliations

Mental or psychological problems

Illegal or self-incriminating behavior

Family relationships

Religious practicies

Income (unless required by law for a specific program eligibility)

https://studentprivacy.ed.gov/content/ppra

Reference List

PPRA | Protecting Student Privacy. (n.d.). Studentprivacy.ed.gov.

https://studentprivacy.ed.gov/content/ppra

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Local Administrative Law / Policy / Rule

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Local Administrative Law / Policy / Rule

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Hawkins ISD Employee Handbook

Employee Conduct and Welfare

Standards of Conduct

Policy DH

“Recognize and respect the rights of students, parents, other employees, and members of the community,” (Hawkins Independent School District, 2020).

All employees must serve to the best interest of the students.

Maintain confidentiality in regards to anything relating to students.

Reference List

Hawkins Independent School District. (2020, August). Hawkins ISD employee handbook

2020–2021 [PDF].

https://s3.amazonaws.com/scschoolfiles/2380/2020-2021_employee_handbook_2.pdf

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Storing of Confidential Counseling Records

Store confidential counseling records in a locked cabinet in the counselor’s office.

Why this is important:

This will only allow the counselor to access these records as they are not a part of the students’ educational records.

Informed Consent

When providing counseling services, send consent form home to be signed by parents and give clearn explanation of confidentiality.

Why this is important:

Helps build trust between parents, students, and school counselors. It also gives parents information about their rights and responsibilities as parents.

Yearly Training on FERPA, PPRA, and Ethical Standards

School counselors should have yearly training on FERPA, PPRA, ASCA Ethical Standards and stay informed of new laws by joining a counseling association, ‌(U.S. Department of Education, 2024).

Why this is important:

Counselors need to stay well-informed and constantly reminded of the laws, statutes, and policies that govern students’ privacy and confidentiality to reduce the chance of a violation.

https://studentprivacy.ed.gov/ferpa

Reference List

U.S. Department of Education. (2024). FERPA: Protecting student privacy.

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

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Ethical Principle: Professional Code of Ethics 

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Ethical Principle: Professional Code of Ethics 

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American School Counselor Association (ASCA) Ethical Standards

A.2. Confidentiality

School counselors:

Promote procedures for confidentiality and the students’ rights for privacy to school staff (American School Counselor Association, 2022).

Inform students their rights to receive counseling and disclose informed consent and clarify the role of confidentiality in the counseling office.

Informed consent from parents

Promote students’ best interest when informed consent cannot be obtained.

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Reference List

ASCA Ethical Standards for School Counselors; American

School Counselor Association.

https://www.schoolcounselor.org/About-School-

Counseling/Ethical-Responsibilities/ASC

A-Ethical-Standards-for-School-Counselors-(1)

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Personal Connection to the Legal & Ethical Standards 

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Personal Connection to the Legal & Ethical Standards 

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I have taught in public schools in the state of Texas for 20 years.  It has always bothered me that administrators did not tell us information about our students.  Now I realize that it is written in federal laws, statutes, state laws, policies, standards and why it is important for administrators and school counselors to uphold these laws to protect the privacy of students.

Not everyone has the right to know everything about a student.  It is our responsibility to uphold these laws and policies to protect our students.  Not only discussing private information about students, but also maintaining confidential records and how to make sure that students' written records are stored and maintained properly.

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Recommendations / Best Practices for Compliance 

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Recommendations / Best Practices for Compliance 

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School Counselor’s Best Practices Concerning Confidentiality and Students’ Privacy

1. Separate counseling notes from educational records.

2. File counseling notes in a locked filing cabinet in the school counseling office.

3. Obtain written conset before providing counseling services to a student.

4. Never discuss students’ information in public.

5. Participate in annual professional development pertaining to FERPA.

6. Review and update confidentiality and students’ privacy procedures annually with campus administrators.