Confidentiality in School Counseling - Legal & Ethical Guide by Lisa Hendrix https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2 EDG 6305: Legal & Ethical Principles, Dr. Tami Knight en-us 2023-10-08 21:41:46 UTC 2023-10-09 05:13:02 UTC hello@padlet.com My Professional Perspective: shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737369076 My professional perspective of school counselors has always viewed them as an extremely vital piece in the overall success of their campus. Counselors play a crucial role in supporting students' emotional and behavioral growth, as well as overseeing their academic progress and preparing them for post-secondary education or employment opportunities. My experience and knowledge that I have gained from my time at ASU has only further solidified my opinion on how important they are to so many in the school environment. This is a resource for school counselor's to use as a reference when looking for a range of things such as answers on how to handle a certain situation they may find themselves in, or locating laws and regulations related to confidentiality for school counselors.
I chose this topic because Confidentiality is the cornerstone of the school counseling profession (Williams, 2009).

Williams, R. (2009, September 1). Confidentiality vs. Principal Relationships - American School Counselor Association (ASCA). www.schoolcounselor.org. https://www.schoolcounselor.org/Magazines/September-October-2009/Confidentiality-vs-Principal-Relationships  ]]> 2023-10-08 22:41:11 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737369076 Confidentiality shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737394275 School counselors face numerous legal and ethical issues, particularly regarding confidentiality. Confidentiality rights of minors and parents are often confusing. This paper aims to clarify the meaning and necessity of confidentiality, address informed consent practices, rights of minors, parents, and third parties, record-keeping procedures, information response, and limitations of confidentiality. It also addresses record-keeping procedures and information demands.

An issue to keep an eye on is our students are experiencing an increasing severity and prevalence of mental health challenges that range from self-harm and disordered eating to underdeveloped social and emotional regulation skills (Bray, 2022). Students aren't as resilient as they used to be, and for some, this means turning to unhealthy ways of dealing, like hurting themselves. It can be hard and stressful for some students at home, so school is a safe place for them. They lost that when schools moved to at-home learning during the pandemic, and many are still trying to recover from that period of time when faced with many challenges they could not escape.

Bray, B. (2022, July 25). Responding to the youth mental health crisis in schools. Counseling Today. https://ct.counseling.org/2022/07/responding-to-the-youth-mental-health-crisis-in-schools/.

]]> 2023-10-08 23:43:50 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737394275 Resource: To Tell or Not to Tell shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737405949 One of the most challenging ethical dilemmas faced by professional school counselors pertains to determining the appropriate circumstances to breach confidentiality. The resolution of this professional dilemma is not readily attainable through a mere examination of the ethical guidelines outlined by the American School Counselor Association (ASCA) or the American Counseling Association (ACA), nor is it distinctly delineated by an extensive analysis of the existing scholarly literature. There appears to be a divergence of opinions among specialists regarding this consequential ethical matter.

Williams, R. (2007, September 1). To Tell or Not to Tell: The Question of Informed Consent - American School Counselor Association (ASCA). Www.schoolcounselor.org. https://www.schoolcounselor.org/Magazines/September-October-2007/To-Tell-or-Not-to-Tell-The-Question-of-Informed-Co




]]> 2023-10-09 00:14:35 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737405949 What do Parents' Rights' Mean Legally for Schools, Anyway? shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737460666
  • Conservative efforts to limit school discussions on race and LGBTQ rights are driving the parental rights movement. 
  • People should participate in decision-making at schools, which anchor communities.  
  • Because schools have always had values-based conflicts, libertarian McCluskey believes the debate over public school issues and parental rights will not improve.
  • Georgetown Law Professor Shulman warns that the Meyer-Pierce formulation of parental rights in education is limited, and a proposed constitutional amendment could trigger strict scrutiny, potentially leading to more parental school rulings.
  • The speaker, despite over a century of Supreme Court case law supporting parental rights, believes a constitutional amendment is still desirable.
  • 'parental rights' often refer to the belief that parents are excluded from school decisions.



    • Walsh, M. (2022, October 20). What Do “Parents” Rights’ Mean Legally for Schools, Anyway?. Education Week. https://www.edweek.org/policy-politics/what-do-parents-rights-mean-legally-for-schools-anyway/2022/10
    ]]>     2023-10-09 01:47:54 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737460666     Chaplains oppose new law shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737464281 - Texas school counselors and chaplains are facing criticism over a new law that allows chaplains to serve as students' first point of contact for mental health services
    - School counselors are trained in child development, counseling skills, and mental health support
    - Chaplains lack certification to support student mental health needs
    - Chaplains are also not trained in academic areas, such as graduation, college, and continuing education advice

    Zeeble, B. (2023, August 23). More than 100 school chaplains oppose new law allowing them to serve as counselors. KERA News. https://www.keranews.org/education/2023-08-23/texas-chaplains-oppose-new-school-law ]]>     2023-10-09 01:53:52 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737464281     School Counselor and Confidentiality shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737483265 American School Counselor Association.
    (2022). Ethical standards for school counselors. Alexandria,      VA: Author.

    Source of Law - ASCA Ethical Standards for School Counselors

     https://www.schoolcounselor.org/getmedia/44f30280-ffe8-
    4b41-9ad8-f15909c3d164/EthicalStandards.pdf 

    School counselors must adhere to ethical standards and legal mandates regarding confidentiality, including
    informed consent and understanding the limits of confidentiality. They must balance their ethical obligation with parents’ rights to be the guiding voice in their children’s lives. They should protect student records and release of personal data per federal, state, and local laws.
    ]]>     2023-10-09 02:22:10 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737483265     Parental Rights and Access to Student Records shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737485893 2 Tex. Educ. Code § 26.004 (2019).

    Source of Law - Texas Statutes Education Code

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

    Parents have access to all written records of a school district, including attendance, test scores, grades, 
    disciplinary, counseling, psychological, admission, health, immunization, teacher evaluations, behavioral patterns, and learning assistance records. 
    ]]>     2023-10-09 02:26:15 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737485893     Student Welfare: Child Abuse and Neglect - Bryan ISD Board Policy shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737488099 Policy Code FFG – Student Welfare: Child 
    Abuse and Neglect – Bryan ISD Board Policy Manual - Policy Online. (n.d.). Pol.tasb.org. https://pol.tasb.org/PolicyOnline/PolicyDetails? 
    key=225&code=FFG#legalTabContent 

    The identity of the person making a report on neglect is confidential and not subject to release, disclosure is only for purposes consistent with the Family Code, state or law, or as ordered by the courts. 
    ]]>     2023-10-09 02:29:48 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737488099     ASCA Ethical Standards for School Counselors shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737513028 A. 2a. Promote awareness of school counselors’ ethical standards and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and information to school staff.

    American School Counselor Association. (2022). Ethical standards for school counselors. Alexandria, VA: Author.
    https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

    The goal is to raise awareness about the ethical standards and legal mandates of school counselors, as well as the appropriate procedures for disclosing student data to school staff.

    ]]>     2023-10-09 03:05:18 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737513028     Counselors making the right call shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737557602 Home - Texas School Counselor Association. (2010, December 10). Tsca.txca.org. https://tsca.txca.org/

    https://www.tcta.org/legal-updates/counselors-making-the-right-call

    This article examines the significance of school counselors in the state of Texas with respect to upholding the confidentiality of student records and information. This statement underscores the significance of exercising prudence in decision-making processes and highlights the crucial role of posing appropriate inquiries and utilizing accessible resources in safeguarding the confidentiality of student records.]]>     2023-10-09 04:13:43 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737557602     shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737564414 - Confidentiality is the cornerstone of the school counseling profession. 
    - Research has shown a significant number of students seek the assistance of a school counselor primarily due to their reliance on the assurance of privacy.  
    -  it is imperative for school counselors to effectively manage the ethical and legal obligations that arise in their interactions with students, parents, and school staff.
    - School counselors possess a profound comprehension of the ramifications associated with breaching confidentiality.
    - By engaging in collaborative efforts, school counselors are able to effectively manage the delicate balance between safeguarding students' confidentiality and meeting the expectation of maintaining a conducive educational environment.]]>     2023-10-09 04:23:19 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737564414     Family Educational Rights and Privacy Act (FERPA) shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737578853 (20 U.S.C. § 1232g; 34 CFR Part 99) 34 CFR Part 99

    U.S. Department of Education. (2021). Family Educational Rights and Privacy Act (FERPA). U.S. Department of Education, 1.
    http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html


    Federal law protects the confidentiality of student education records as well as personally identifiable information contained in such records. At the same time, federal and state laws guarantee parents access to this information.

    The Family Educational Rights and Privacy Act covers federally funded education agencies. FERPA allows district employees with a “legitimate educational interest” to view student records without parental authorization. A district does not need consent to release discipline records for conduct that “posed a significant risk to the safety or well-being of that student, other students, or other members of the school community” for employees with a legitimate educational interest in a student's behavior. District staff must obtain written authorization from parents, guardians, or students before releasing student records. FERPA penalizes lawbreakers. Districts must annually notify parents of FERPA rules regarding student directory information release, including name, address, and phone number. Parents can limit or not provide such information.
    ]]>     2023-10-09 04:44:42 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737578853     Cybersecurity Breach shendrix51 https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737592786 Judiciary Addresses Cybersecurity Breach: Extra Safeguards to Protect Sensitive Court Records. (2021, January 6). United States Courts. https://www.uscourts.gov/news/2021/01/06/judiciary-addresses-cybersecurity-breach-extra-safeguards-protect-sensitive-court

    https://www.uscourts.gov/news/2021/01/06/judiciary-addresses-cybersecurity-breach-extra-safeguards-protect-sensitive-court

    Federal courts are implementing new security procedures to protect confidential documents following cybersecurity breaches involving private sector and government computer systems. The Judicial Conference of the United States Secretary of the Judiciary, James C. Duff, emphasized the importance of maintaining public trust in the courts' operations.]]>     2023-10-09 05:05:54 UTC https://padlet.com/shendrix51/1ohxz5tvoq5jpmi2/wish/2737592786