# data[].attributes.body
As a current graduate student pursuing a degree in Professional School Counseling, my ultimate goal is to support students' academic, social/emotional, and career development while upholding legal and ethical standards.

# data[].attributes.body
This guide is intended for those who are also pursuing a school counseling (or similar) degree, school counselors, and other educational stakeholders, particularly located in Texas.

# data[].attributes.headline
Topic: Confidentiality in School Counseling

# data[].attributes.subject
Topic: Confidentiality in School Counseling

# data[].attributes.body
Confidentiality is a foundational component of building trust and strong relationships with students. School counselors will benefit greatly when understanding the boundaries and laws to help ensure student safety and counselor accountability are upheld while navigating ethical dilemmas.

# data[].attributes.body
When researching this topic and related laws and statutes, I gained a better understanding of how these legal obligations interset with building trust, particularly school counselor and student relationships. I have become more aware of how confidentiality laws impact the daily practice of school counseling and the importance of keeping student safety the top priority. I am also now more aware of the resources I have available to me to ensure I am meeting guidelines and requirements of maintaining confidentiality as a school counselor, and when it is necessary to breach it in order to protect my students and staff.

# data[].attributes.body
•With this knowledge of the law, I now feel more confident navigating through ethical dilemmas I may encounter as a school counselor.

•By ensuring I am completing the appropriate documentation and consultation, I understand how to protect both my students and myself.

•The knowledge I have gained wll strengthen my professional identity as a school counselor and will assist me in achieving long-term counseling goals.

# data[].attributes.body
As a school counselor, I recommend the following for best practices:

•Always inform students of the limits of confidentiality at the beginning of any counseling session.

•Prioritize student safety above confidentiality when necessary.

•Stay updated with district policies and state law.

•Maintain detailed and secure documentation of sessions.

•Appropriately involve parents following FERPA and school policy.

•Always ethical decision-making models in challenging scenarios.

•Collaborate with school administrators when legal concerns arise.

•In high-risk cases, school counselors should consult with legal/clinical supervision.

•Annually review and update counseling practices.

# data[].attributes.headline
Federal Level: U.S. Department of Education (DOE)

# data[].attributes.subject
Federal Level: U.S. Department of Education (DOE)

# data[].attributes.body
The DOE oversees national policies and privacy protections under Family Educational Rights and Privacy Act (FERPA).

# data[].attributes.headline
State Level: Texas Education Agency (TEA) 

# data[].attributes.subject
State Level: Texas Education Agency (TEA) 

# data[].attributes.body
The TEA governs school counselor certification and educational standards.

# data[].attributes.attachment_link.title
Welcome to Texas Education Agency | Texas Education Agency

# data[].attributes.attachment_link.description
The latest news from the Texas Education Agency is available through news releases, online correspondence, mailing lists, and other posted information.

# data[].attributes.headline
State Level: Texas State Board of Examiners of Professional Counselors (TSBEPC)

# data[].attributes.subject
State Level: Texas State Board of Examiners of Professional Counselors (TSBEPC)

# data[].attributes.body
TSBEPC regulates the ethical practice of licensed professionals.

# data[].attributes.attachment_link.title
Texas State Board of Examiners of Professional Counselors – Texas Behavioral Health Executive Council

# data[].attributes.attachment_link.description
Welcome to the home page of the Texas State Board of Examiners of Professional Counselors, the state board that licenses and regulates Licensed Professional Counselors in Texas. This website contains information about Licensed Professional Counselors including licensing requirements and FAQS about the practice of counseling in the state of Texas.

# data[].attributes.body
While reviewing these agencies, I learned how they both provide accountability through legal mandates, licensing rules, and professional oversight, particularly in school counseling.

I also learned how federal agencies focus on more broad privacy and educational access while the state agencies are more specific in terms of licensure and conduct.

# data[].attributes.body
20 U.S.C. 1232g Family Educational Rights and Privacy Act (FERPA) primarily governs confidentiality in school counseling. For example, it outlines the rights of parents and eligible students (18 or older) to access and control education records. If a school official has a legitimate educational interest in obtaining information about a student, a disclosure or exception may occur.

(Family Educational Rights and Privacy Act, 1974)

# data[].attributes.attachment_link.readable_text
Amendments

2013-Subsec. (b)(1)(L). Pub. L. 112-278, § 2(1), added subpar. (L).

Subsec. (b)(2)(B). Pub. L. 112-278, § 2(2), inserted ", except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required" after "educational institution or agency".

2010-Subsec. (b)(1)(K). Pub. L. 111-296, which directed that par. (1) be amended by adding subpar. (K) "at the end", was executed by adding subpar. (K) after subpar. (J), to reflect the probable intent of Congress.

2002-Subsec. (a)(1)(B). Pub. L. 107-110, § 1062(3)(A), realigned margins.

Subsec. (b)(1). Pub. L. 107-110, § 1062(3)(C), substituted "subparagraph (E)" for "clause (E)" in concluding provisions.

Subsec. (b)(1)(J). Pub. L. 107-110, § 1062(3)(B), realigned margins.

Subsec. (b)(7). Pub. L. 107-110, § 1062(3)(D), realigned margins.

2001-Subsec. (j). Pub. L. 107-56 added subsec. (j).

2000-Subsec. (b)(7). Pub. L. 106-386 added par. (7).

1998-Subsec. (b)(1)(C). Pub. L. 105-244, § 951(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, or (iii) State educational authorities, under the conditions set forth in paragraph (3) of this subsection;".

Subsec. (b)(6). Pub. L. 105-244, § 951(2), designated existing provisions as subpar. (A), substituted "or a nonforcible sex offense, the final results" for "the results", substituted "such crime or offense" for "such crime" in two places, and added subpars. (B) and (C).

Subsec. (i). Pub. L. 105-244, § 952, added subsec. (i).

1994-Subsec. (a)(1)(B). Pub. L. 103-382, § 249(1)(A)(ii), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(1)(C). Pub. L. 103-382, § 249(1)(A)(i), (iii), redesignated subpar. (B) as (C) and substituted "subparagraph (D)" for "subparagraph (C)" in cl. (iii). Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 103-382, § 249(1)(A)(i), (iv), redesignated subpar. (C) as (D) and substituted "subparagraph (C)" for "subparagraph (B)".

Subsec. (a)(2). Pub. L. 103-382, § 249(1)(B), substituted "privacy rights" for "privacy or other rights".

Subsec. (a)(4)(B)(ii). Pub. L. 103-382, § 261(h)(1), substituted semicolon for period at end.

Subsec. (b)(1)(A). Pub. L. 103-382, § 249(2)(A)(i), inserted before semicolon ", including the educational interests of the child for whom consent would otherwise be required".

Subsec. (b)(1)(C). Pub. L. 103-382, § 261(h)(2)(A), substituted "or (iii)" for "(iii) an administrative head of an education agency (as defined in section 1221e-3(c) of this title), or (iv)".

Subsec. (b)(1)(E). Pub. L. 103-382, § 249(2)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to ;".

Subsec. (b)(1)(H). Pub. L. 103-382, § 261(h)(2)(B), substituted "the Internal Revenue Code of 1986" for "the Internal Revenue Code of 1954 ", which for purposes of codification was translated as "title 26" thus requiring no change in text.

Subsec. (b)(1)(J). Pub. L. 103-382, § 249(2)(A)(iii) -(v), added subpar. (J).

Subsec. (b)(2). Pub. L. 103-382, § 249(2)(B)(i), which directed amendment of matter preceding subpar. (A) by substituting ", unless-" for the period, was executed by substituting a comma for the period before "unless-" to reflect the probable intent of Congress.

Subsec. (b)(2)(B). Pub. L. 103-382, § 249(2)(B)(ii), inserted "except as provided in paragraph (1)(J)," before "such information".

Subsec. (b)(3). Pub. L. 103-382, § 261(h)(2)(C), substituted "or (C)" for "(C) an administrative head of an education agency or (D)" and "education programs" for "education program".

Subsec. (b)(4). Pub. L. 103-382, § 249(2)(C), inserted at end "If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in violation of paragraph (1)(F), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years."

Subsec. (c). Pub. L. 103-382, § 249(3), substituted "Not later than 240 days after , the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which" for "The Secretary shall adopt appropriate regulations to".

Subsec. (d). Pub. L. 103-382, § 261(h)(3), inserted a comma after "education".

Subsec. (e). Pub. L. 103-382, § 249(4), inserted "effectively" before "informs".

Subsec. (f). Pub. L. 103-382, § 261(h)(4), struck out ", or an administrative head of an education agency," after "The Secretary" and substituted "enforce this section" for "enforce provisions of this section", "in accordance with" for "according to the provisions of", and "comply with this section" for "comply with the provisions of this section".

Subsec. (g). Pub. L. 103-382, § 261(h)(5), struck out "of Health, Education, and Welfare" after "the Department" and "the provisions of" after "adjudicating violations of".

Subsec. (h). Pub. L. 103-382, § 249(5), added subsec. (h).

1992-Subsec. (a)(4)(B)(ii). Pub. L. 102-325 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1) of this section, the records and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), (II) are maintained solely for law enforcement purposes, and (III) are not made available to persons other than law enforcement officials of the same jurisdiction;".

1990-Subsec. (b)(6). Pub. L. 101-542 added par. (6).

1979-Subsec. (b)(5). Pub. L. 96-46 added par. (5).

1974-Subsec. (a)(1). Pub. L. 93-568, § 2(a)(1)(A)-(C), (2)(A)-(C), (3), designated existing par. (1) as subpar. (A), substituted reference to educational agencies and institutions for reference to state or local educational agencies, institutions of higher education, community colleges, schools, agencies offering preschool programs, and other educational institutions, substituted the generic term education records for the enumeration of such records, and extended the right to inspect and review such records to parents of children who have been in attendance, and added subpars. (B) and (C).

Subsec. (a)(2). Pub. L. 93-568, § 2(a)(4), substituted provisions making the availability of funds to educational agencies and institutions conditional on the granting of an opportunity for a hearing to parents of students who are or have been in attendance at such institution or agency to challenge the contents of the student's education records for provisions granting the parents an opportunity for such hearing, and inserted provisions authorizing insertion into the records a written explanation of the parents respecting the content of such records.

Subsec. (a)(3) to (6). Pub. L. 93-568, § 2(a)(1)(G), (2)(F), (5), added pars. (3) to (6).

Subsec. (b)(1). Pub. L. 93-568, § 2(a)(1)(D), (2)(D), (6), (8)(A)-(C), (10)(A), in provisions preceding subpar. (A), substituted "educational agency or institution which has a policy of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a))" for "state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of permitting the release of personally identifiable records or files (or personal information contained therein)", in subpar. (A), substituted "educational agency, who have been determined by such agency or institution to have" for "educational agency who have", in subpar. (B), substituted "the student seeks or intends to" for "the student intends to", in subpar. (C), substituted reference to "section 408(c)" for reference to "section 409 of this Act" which for purposes of codification has been translated as " section 1221e-3(c) of this title ", and added subpars. (E) to (I).

Subsec. (b)(2). Pub. L. 93-568, § 2(a)(1)(E), (2)(E), substituted "educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection" for "state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) of this section".

Subsec. (b)(3). Pub. L. 93-568, § 2(a)(8)(D), substituted "information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements" for "data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected".

Subsec. (b)(4). Pub. L. 93-568, § 2(a)(9), substituted provisions that each educational agency or institution maintain a record, kept with the education records of each student, indicating individuals, agencies, or organizations who obtained access to the student's record and the legitimate interest in obtaining such information, that such record of access shall be available only to parents, school officials, and their assistants having responsibility for the custody of such records, and as a means of auditing the operation of the system, for provisions that with respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all persons, agencies, or organizations desiring access to the records of a student shall be required to sign forms to be kept with the records of the student, but only for inspection by the parents or the student, indicating specifically the legitimate educational or other interest of the person seeking such information, and that the form shall be available to parents and school officials having responsibility for record maintenance as a means of auditing the operation of the system.

Subsec. (e). Pub. L. 93-568, § 2(a)(1)(F), substituted "to any educational agency or institution unless such agency or institution" for "unless the recipient of such funds".

Subsec. (g). Pub. L. 93-568, § 2(a)(7), (10)(B), struck out reference to sections 1232c and 1232f of this title and inserted provisions that except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.

# data[].attributes.attachment_link.title
20 U.S. Code § 1232g - Family educational and privacy rights

# data[].attributes.attachment_link.description
Amendments 2013-Subsec. (b)(1)(L). Pub. L. 112-278, § 2(1), added subpar. (L). Subsec. (b)(2)(B). Pub. L. 112-278, § 2(2), inserted ", except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C.

# data[].attributes.headline
State Law: Public School System Accountability

# data[].attributes.subject
State Law: Public School System Accountability

# data[].attributes.body
•Section 39.030 of the Texas Education Code states the TEA must ensure the confidentiality of individual student assessment results.

•Results from the assessment are to be reported tothe students, parents, and educators maintaining the privacy of individual student data.

•The goal is to improve student achievement by implementing interventions, if needed, to meet state education standards.

(Texas Education Code, 2024)

# data[].attributes.attachment_link.title
GOVERNMENT CODE CHAPTER 552. PUBLIC INFORMATION

# data[].attributes.body
School counselors should "inform students and families of the limits of confidentiality and the limits under which it must be breached" (ASCA, 2022).

# data[].attributes.headline
San Antonio ISD School Counseling Department

# data[].attributes.subject
San Antonio ISD School Counseling Department

# data[].attributes.body
Federal Law: Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232

State Law: Tex. Educ. Code § 33.005

Local Policy: SAISD School Counseling Department

Overview:

•SAISD counselors are dedicated to maintaining the confidentiality of student information to ensure personal disclosures are protected and align with FERPA and ethical guidelines as well as adhering to the American School Counselor Association standards.

•An exception to this policy would occur in specific situations where the student poses a danger to themselves or others, there is suspected child abuse or neglect, or if there are court orders or legal requirements.

•Counselors may involve parents or guardians when it is in the best interest of the student, especially in situations that require additional support.

# data[].attributes.attachment_link.description
Our primary purpose of improving lives through a quality education is driven by an unrelenting determination to graduate all of our students and prepare them for success in higher education. Our ideology is reflected in our fundamental beliefs, commitment

# data[].attributes.body
Individuals with Disabilities Education Act (IDEA)

•20 U.S.C. § 1400 et seq.

Summary:

•Requires confidentiality in handling information for students with disabilities.

•Informs counselors' collaboration in IEP meetings and record keeping.

•Violations could lead to loss of funding or even legal consequences.

# data[].attributes.attachment_link.title
20 U.S. Code § 1400 - Short title; findings; purposes

# data[].attributes.body
Family Educational Rights and Privacy Act (FERPA)

•20 U.S.C. § 1232g

Key Points:

• Protects education records of students

• Parents and eligible students have access to records.

• Written consent is required for disclosure with few exceptions.

# data[].attributes.attachment_link.readable_text
Amendments

2013-Subsec. (b)(1)(L). Pub. L. 112-278, § 2(1), added subpar. (L).

Subsec. (b)(2)(B). Pub. L. 112-278, § 2(2), inserted ", except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required" after "educational institution or agency".

2010-Subsec. (b)(1)(K). Pub. L. 111-296, which directed that par. (1) be amended by adding subpar. (K) "at the end", was executed by adding subpar. (K) after subpar. (J), to reflect the probable intent of Congress.

2002-Subsec. (a)(1)(B). Pub. L. 107-110, § 1062(3)(A), realigned margins.

Subsec. (b)(1). Pub. L. 107-110, § 1062(3)(C), substituted "subparagraph (E)" for "clause (E)" in concluding provisions.

Subsec. (b)(1)(J). Pub. L. 107-110, § 1062(3)(B), realigned margins.

Subsec. (b)(7). Pub. L. 107-110, § 1062(3)(D), realigned margins.

2001-Subsec. (j). Pub. L. 107-56 added subsec. (j).

2000-Subsec. (b)(7). Pub. L. 106-386 added par. (7).

1998-Subsec. (b)(1)(C). Pub. L. 105-244, § 951(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, or (iii) State educational authorities, under the conditions set forth in paragraph (3) of this subsection;".

Subsec. (b)(6). Pub. L. 105-244, § 951(2), designated existing provisions as subpar. (A), substituted "or a nonforcible sex offense, the final results" for "the results", substituted "such crime or offense" for "such crime" in two places, and added subpars. (B) and (C).

Subsec. (i). Pub. L. 105-244, § 952, added subsec. (i).

1994-Subsec. (a)(1)(B). Pub. L. 103-382, § 249(1)(A)(ii), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(1)(C). Pub. L. 103-382, § 249(1)(A)(i), (iii), redesignated subpar. (B) as (C) and substituted "subparagraph (D)" for "subparagraph (C)" in cl. (iii). Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 103-382, § 249(1)(A)(i), (iv), redesignated subpar. (C) as (D) and substituted "subparagraph (C)" for "subparagraph (B)".

Subsec. (a)(2). Pub. L. 103-382, § 249(1)(B), substituted "privacy rights" for "privacy or other rights".

Subsec. (a)(4)(B)(ii). Pub. L. 103-382, § 261(h)(1), substituted semicolon for period at end.

Subsec. (b)(1)(A). Pub. L. 103-382, § 249(2)(A)(i), inserted before semicolon ", including the educational interests of the child for whom consent would otherwise be required".

Subsec. (b)(1)(C). Pub. L. 103-382, § 261(h)(2)(A), substituted "or (iii)" for "(iii) an administrative head of an education agency (as defined in section 1221e-3(c) of this title), or (iv)".

Subsec. (b)(1)(E). Pub. L. 103-382, § 249(2)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to ;".

Subsec. (b)(1)(H). Pub. L. 103-382, § 261(h)(2)(B), substituted "the Internal Revenue Code of 1986" for "the Internal Revenue Code of 1954 ", which for purposes of codification was translated as "title 26" thus requiring no change in text.

Subsec. (b)(1)(J). Pub. L. 103-382, § 249(2)(A)(iii) -(v), added subpar. (J).

Subsec. (b)(2). Pub. L. 103-382, § 249(2)(B)(i), which directed amendment of matter preceding subpar. (A) by substituting ", unless-" for the period, was executed by substituting a comma for the period before "unless-" to reflect the probable intent of Congress.

Subsec. (b)(2)(B). Pub. L. 103-382, § 249(2)(B)(ii), inserted "except as provided in paragraph (1)(J)," before "such information".

Subsec. (b)(3). Pub. L. 103-382, § 261(h)(2)(C), substituted "or (C)" for "(C) an administrative head of an education agency or (D)" and "education programs" for "education program".

Subsec. (b)(4). Pub. L. 103-382, § 249(2)(C), inserted at end "If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in violation of paragraph (1)(F), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years."

Subsec. (c). Pub. L. 103-382, § 249(3), substituted "Not later than 240 days after , the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which" for "The Secretary shall adopt appropriate regulations to".

Subsec. (d). Pub. L. 103-382, § 261(h)(3), inserted a comma after "education".

Subsec. (e). Pub. L. 103-382, § 249(4), inserted "effectively" before "informs".

Subsec. (f). Pub. L. 103-382, § 261(h)(4), struck out ", or an administrative head of an education agency," after "The Secretary" and substituted "enforce this section" for "enforce provisions of this section", "in accordance with" for "according to the provisions of", and "comply with this section" for "comply with the provisions of this section".

Subsec. (g). Pub. L. 103-382, § 261(h)(5), struck out "of Health, Education, and Welfare" after "the Department" and "the provisions of" after "adjudicating violations of".

Subsec. (h). Pub. L. 103-382, § 249(5), added subsec. (h).

1992-Subsec. (a)(4)(B)(ii). Pub. L. 102-325 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1) of this section, the records and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), (II) are maintained solely for law enforcement purposes, and (III) are not made available to persons other than law enforcement officials of the same jurisdiction;".

1990-Subsec. (b)(6). Pub. L. 101-542 added par. (6).

1979-Subsec. (b)(5). Pub. L. 96-46 added par. (5).

1974-Subsec. (a)(1). Pub. L. 93-568, § 2(a)(1)(A)-(C), (2)(A)-(C), (3), designated existing par. (1) as subpar. (A), substituted reference to educational agencies and institutions for reference to state or local educational agencies, institutions of higher education, community colleges, schools, agencies offering preschool programs, and other educational institutions, substituted the generic term education records for the enumeration of such records, and extended the right to inspect and review such records to parents of children who have been in attendance, and added subpars. (B) and (C).

Subsec. (a)(2). Pub. L. 93-568, § 2(a)(4), substituted provisions making the availability of funds to educational agencies and institutions conditional on the granting of an opportunity for a hearing to parents of students who are or have been in attendance at such institution or agency to challenge the contents of the student's education records for provisions granting the parents an opportunity for such hearing, and inserted provisions authorizing insertion into the records a written explanation of the parents respecting the content of such records.

Subsec. (a)(3) to (6). Pub. L. 93-568, § 2(a)(1)(G), (2)(F), (5), added pars. (3) to (6).

Subsec. (b)(1). Pub. L. 93-568, § 2(a)(1)(D), (2)(D), (6), (8)(A)-(C), (10)(A), in provisions preceding subpar. (A), substituted "educational agency or institution which has a policy of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a))" for "state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of permitting the release of personally identifiable records or files (or personal information contained therein)", in subpar. (A), substituted "educational agency, who have been determined by such agency or institution to have" for "educational agency who have", in subpar. (B), substituted "the student seeks or intends to" for "the student intends to", in subpar. (C), substituted reference to "section 408(c)" for reference to "section 409 of this Act" which for purposes of codification has been translated as " section 1221e-3(c) of this title ", and added subpars. (E) to (I).

Subsec. (b)(2). Pub. L. 93-568, § 2(a)(1)(E), (2)(E), substituted "educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection" for "state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) of this section".

Subsec. (b)(3). Pub. L. 93-568, § 2(a)(8)(D), substituted "information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements" for "data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected".

Subsec. (b)(4). Pub. L. 93-568, § 2(a)(9), substituted provisions that each educational agency or institution maintain a record, kept with the education records of each student, indicating individuals, agencies, or organizations who obtained access to the student's record and the legitimate interest in obtaining such information, that such record of access shall be available only to parents, school officials, and their assistants having responsibility for the custody of such records, and as a means of auditing the operation of the system, for provisions that with respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all persons, agencies, or organizations desiring access to the records of a student shall be required to sign forms to be kept with the records of the student, but only for inspection by the parents or the student, indicating specifically the legitimate educational or other interest of the person seeking such information, and that the form shall be available to parents and school officials having responsibility for record maintenance as a means of auditing the operation of the system.

Subsec. (e). Pub. L. 93-568, § 2(a)(1)(F), substituted "to any educational agency or institution unless such agency or institution" for "unless the recipient of such funds".

Subsec. (g). Pub. L. 93-568, § 2(a)(7), (10)(B), struck out reference to sections 1232c and 1232f of this title and inserted provisions that except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.

# data[].attributes.attachment_link.title
20 U.S. Code § 1232g - Family educational and privacy rights

# data[].attributes.attachment_link.description
Amendments 2013-Subsec. (b)(1)(L). Pub. L. 112-278, § 2(1), added subpar. (L). Subsec. (b)(2)(B). Pub. L. 112-278, § 2(2), inserted ", except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C.

# data[].attributes.body
"School counselors advocate for the safety of students and act to prevent harm" (ASCA, 2022).

# data[].attributes.body
School counselors should consistently practice strategies to alleviate risks such as:

•Document all student interactions that involve sensitive information/disclosures (Stone, 2022).

•Consult with legal representatives or supervisors when in doubt about confidentiality breaches (ASCA, 2022).

•Stay updated on trainings related to FERPA regulations, mandated reporting, and district policies.

# data[].attributes.body
American School Counselor Association. (2022). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/getmedia/d597c40b-7684-445f-b5ed-713388478486/Position-Statements.pdf

Stone, C. (2022). School administrators and school counselors' legal and ethical alliance. Sage Journals. https://doi.org/10.1177/2156759X221134668

# data[].attributes.attachment_link.title
School Administrators and School Counselors’ Legal and Ethical Alliance - Carolyn Stone, 2022

# data[].attributes.attachment_link.description
The importance of a cooperative school administrator–school counselor alliance is explored against the backdrop of legal proceedings involving professionals in…

# data[].attributes.body
Texas Administrative Code § 239.1 explains the certification requirements and ethical standards for school counselors. This law outlines roles, duties, and ethical responsibilities as well as, obligations around confidentiality and reporting.

# data[].attributes.attachment_link.title
Texas Administrative Code, Title 19, Part 7 | Texas Education Agency

# data[].attributes.attachment_link.description
The Texas Administrative Code (TAC) is a compilation of all Texas state agency rules published by the Office of the Secretary of State. The TAC is divided into titles and parts to represent subject categories and related state agencies. The State Board for Educator Certification (SBEC) rules listed…

# data[].attributes.body
Section 611.0045 of the Texas Health and Safety code provides:

•definitions and principles related to mandated treatment in the least restrictive setting.

•outlines procedures for admissions and referrals.

•explains the tirghts of individuals who are receiving mental health services.

•allows mental health professionals, including school counselors, to withhold a minor's counseling records from a parent if it is determined that this would be harmful to the student's emotional, mental, or physical health.

(Texas Health and Safety Code, 2023)

# data[].attributes.attachment_link.title
2024 Texas Statutes :: Health and Safety Code :: Title 7 - Mental Health and Intellectual Disability :: Subtitle C - Texas Mental Health Code

# data[].attributes.attachment_link.description
Justia Free Databases of U.S. Laws, Codes & Statutes

# data[].attributes.body
Riverview School District. (n.d.). What parents need to know about confidentiality. https://www.rsd.k12.pa.us/Downloads/What%20Parents%20Need%20to%20Know%20About%20Confidentiality.pdf