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As a school counseling professional, my work revolves around building student trust through ethical and legal adherence to confidentiality.

My audience includes parents, teachers, administrators, and counseling peers who need to understand when and why student confidentiality must be upheld or breached.

I chose this topic due to its legal complexity and its central role in safeguarding students' emotional well-being while fulfilling our legal and ethical mandates.

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Who Governs Confidentiality in School Counseling?

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Who Governs Confidentiality in School Counseling?

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Federal: U.S. Department of Education (enforces FERPA)

State (Texas): Texas Education Agency (TEA) governs compliance with Texas Education Code and school policies.

These agencies ensure student rights, privacy, and school counselor standards are consistently implemented and monitored.

(U.S. Department of Education, n.d.)

(Texas Education Agency, n.d.)

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Source of Law: Constitutional Law – 14th Amendment (Due Process Clause)
Legal Requirement Summary:

Students have a constitutional right to privacy under the 14th Amendment.

Courts have recognized that this extends to information disclosed in school settings, especially involving mental health.

(U.S. Const. amend. XIV)

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Federal and State-Level Legal Requirements

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Federal and State-Level Legal Requirements

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Statutory Law:

Mandated Reporting Law (Texas Family Code §261.101)

School counselors are required by law to report suspected child abuse or neglect.

Confidentiality is overridden when abuse is suspected.

(Texas Family Code, 2023)

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Policy Details (from HISD Counselor Corner – Confidentiality Guidelines):

Records Separation: Counselors must keep counseling session notes and student information separate from academic files to protect privacy.

Mandated Reporting Process: Confidentiality is overridden if:

1. A student is a danger to themselves

2. A student poses a threat to others

3. There is suspected abuse or neglect

4. A court/legal proceeding requires disclosure

Student Disclosure of Limits: Counselors must explain confidentiality boundaries to students, emphasizing that some information cannot stay private if safety is at risk

(Houston Independent School District, 2025)

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School Counselor Corner / Confidentiality Guidelines

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Your confidentiality as a scholar is important to us! In our school counseling office, what is said here, stays here, with the following exceptions, as required by law and/or ethical standards:

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Managing Legal & Ethical Risk in Practice

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Managing Legal & Ethical Risk in Practice

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🛡️ Always explain limits of confidentiality at the start of the counseling relationship.

🛡️ Maintain separate counseling notes and restrict access per FERPA.

🛡️ Stay current with mandated reporter training and documentation

procedures.

(American School counselor Association, 2022)

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Administrative Law:

Texas Administrative Code §33.006

Counselors must inform students of confidentiality and its limitations.

(Texas Administrative Code, 2023)

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Source of Law: Federal Regulation – FERPA (20 U.S.C. § 1232g)

Grants parents and eligible students rights to access and control educational records.

Counseling notes are exempt from FERPA if kept separate and not shared.

Disclosure without consent is allowed in cases of health and safety emergencies.

(Family Educational Rights and Privacy Act [FERPA], 1974)

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COVID-19 and Virtual Learning Resources

Student Privacy at the U.S. Department of Education

The U.S. Department of Education is committed to protecting student privacy. We administer and enforce student privacy laws such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). In addition, we provide technical assistance to help schools and school districts safeguard information about students.

To learn more about federal student privacy laws and your rights please see the short video to the right or explore these other resources:

Student Privacy for...

Frequently Asked Questions

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Protecting Student Privacy | U.S. Department of Education

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COVID-19 and Virtual Learning Resources The U.S. Department of Education is committed to protecting student privacy. We administer and enforce student privacy laws such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). In addition, we provide technical assistance to help schools and school districts safeguard information about students.

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Case Law: Judicial Guidance on Confidentiality

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Case Law: Judicial Guidance on Confidentiality

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Source of Law: Case Law – Jaffee v. Redmond (1996)
Legal Requirement Summary:

The U.S. Supreme Court recognized the right to confidential communications between patients and licensed therapists (which can include school counselors).

However, the privilege may be overcome in cases of risk to self/others.

(Jaffee v. Redmond, 1996)

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ASCA A.2.e: Counselors protect student confidentiality unless a breach is required to prevent serious harm.

ACA B.2.a: Disclose only essential information when necessary to prevent serious harm.

These codes guide counselors in balancing legal mandates with ethical care.

(ASCA, 2022)

(ACA, 2014)

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Understanding the legal and ethical complexities of confidentiality has shaped how I approach every student interaction. I now recognize the seriousness of documenting risks, explaining limits of confidentiality, and collaborating without overstepping boundaries.
I feel more confident navigating tense conversations with parents and administrators.
This awareness is foundational for building a safe and ethical school counseling practice that respects the law and student dignity.

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Clearly explain confidentiality and its limits to every student.

🔹 Maintain private notes separately from educational records.

🔹 Document all disclosures and mandated reports with date/time and reason.

🔹 Stay trained on state-specific mandated reporter laws.

🔹 Consult with supervisors/legal counsel when in doubt.

🔹 Collaborate with parents/teachers only when legally and ethically appropriate.

🔹 Keep FERPA guidelines accessible and updated.

🔹 Protect student dignity, even when sharing is required.

🔹 Practice ethical reasoning when law and ethics appear in tension.

🔹 Use professional ethical codes (ASCA, ACA) as decision-making guides.

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American Counseling Association. (2014). ACA code of ethics. https://www.counseling.org/resources/aca-code-of-ethics.pdf

American School Counselor Association. (2022). Ethical standards for school counselors. https://www.schoolcounselor.org/Standards-Positions/Ethical-Standards

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

Houston Independent School District. (2025). School Counselor Corner: Confidentiality Guidelines. Houston, TX: Houston ISD. Retrieved from https://www.houstonisd.org/Page/204664

Jaffee v. Redmond, 518 U.S. 1 (1996). https://supreme.justia.com/cases/federal/us/518/1/

Texas Education Agency. (n.d.). https://tea.texas.gov

Texas Family Code §261.101. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Texas Administrative Code §33.006. https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=19&pt=2&ch=33

U.S. Department of Education. (n.d.). FERPA overview. https://studentprivacy.ed.gov

U.S. Const. amend. XIV. https://constitution.congress.gov/constitution/amendment-14/