U.S. Constitution Fourth Amendment

In-Text Citation: (U.S. Const. amend. IV)

Link to Law: https://constitution.congress.gov/constitution/amendment-4/ 

-Right for people to be secure in their persons, houses, papers, and effects

-Protects people from the right of unreasonable search and seizures

-A warrant is required for search of people and their effects, including their student records

Family Educational Rights and Privacy Act (FERPA)

In-Text Citation: FERPA (20 U.S.C § 1232g)

Link to Law: https://www.ecfr.gov/current/title-34/subtitle-A/part-99 

-Protects the privacy of student educational records

-Applies to all schools (public and private) that receive federal funding

-Grants parents (or approved guardians) the right to access, review, and request changed to be made to student records

-When a student turns 18 years old then the rights of FERPA are transferred from the parent to the student, and that student is deemed and “eligible student”

-Schools dictate what is considered directory information, which can be shared without consent and without breaking FERPA

-FERPA allows for needed disclosure of confidential information when needed, such as school officials (with legitimate reason), court orders, or to protect the safety or wellbeing of the student

Child Abuse Prevention and Treatment Act (CAPTA)

In-Text Citation: (Child Abuse Prevention and Treatment Act, 2010)

Link to Law: https://acf.gov/sites/default/files/documents/cb/capta.pdf 

-Provides funding and guidelines for states to address child abuse and neglect

-Provides the national definition for child abuse and neglect

-Assigns responsibility to the federal government for child abuse/neglect cases

-Requires states to have a state mandated plan for child protection, establish review panels to oversee child welfare practices, put together Early Intervention Services for children under three years old, develop plans for safety and care for infants that are under the care of parents with substance abuse

State Constitutional Laws

In-Text Citation: (Tex. Const. art I, § 9, 1876)

Link to Law: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.8 

-Closely aligns with with the U.S. Constitution fourth amendment to protect individuals from unlawful search and seizures

-Right for people to be secure in their persons, houses, papers, and effects

-Protects people from the right of unreasonable search and seizures

-A warrant is required for search of people and their effects, including their student records

Texas Data Privacy and Security Act (TDPSA)

In-Text Citation: (Texas Data Privacy and Security Act, 2017)

Link to Law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm 

-TDPSA works in conjunction with the Federal Law of FERPA with protecting student information

-TDPSA protects the following student information: email address, physical address, educational records, first/last name, telephone number, health information, health information, social security numbers, political affiliations, religious beliefs, biometric information, discipline records, grades and evaluations

-District policy allows for some of the information above to be released without consent, and that information is deemed as “directory information.” Parent and guardians have a choice on if the district can release directory information about their student. 

Texas Public Information Act (PIA)

In-Text Citation: (Texas Public Information Act, 1993)

Link to Law: https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act 

-Allows for the public to request and copy official government documents

-Government authorities/entities have to the right to review document requests and withhold information with proper/valid reasoning

Texas Education Code Section 26.004 (TEC)

In-Text Citation: (Tex. Educ. Code § 26.004(b), 1995)

Link to Law: https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm 

-Parents have a right to access and review all written records by the school or school district pertaining to their child

-Information that can be accessed by parents: attendance records, test scores, grades, disciplinary records, counseling records, psychological records, application for admission, health and immunization records, teacher/counselor evaluations, behavioral reports, learning difficulty paperwork, intervention strategy/plan paperwork

Administrative Law

Texas Administrative Code Section 247.2.3.a (TAC)

In-Text Citation: (19 Tex. Admin. Code § 247.2.3.a, 2018)

Link to Law: https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-247-2 

-Educators can not reveal confidential information about students unless it is required for professional purposes (lawful) or required by law

In-Text Citation: (Doe v. Unified School Dist., 2003)

Link to Court Case: https://law.justia.com/cases/federal/district-courts/FSupp2/255/1251/2562541/ 

-Case was pursued because a student confided in the school counselor that her step-father was abusing her and the school counselor and principal did not report the abuse to the proper authorities.

-Counselors have a duty to report even if it requires breaking the student-counselor confidentiality agreement.

All districts must follow state and federal laws and regulations to provide a safe space with a confidential relationship between students and counselors. Additionally, counselors are often times put into positions where they must determine if confidentiality must be breached, and if so, then the proper procedures must be followed to ensure child safety. 

In-Text Citation: FERPA (20 U.S.C § 1232g)

Link to Law: https://www.ecfr.gov/current/title-34/subtitle-A/part-99

-Parents have the write to access confidential records, including counseling notes or recommendations

-Counselors have the ethical and legal obligation to keep student information confidential unless legally or ethically deemed necessary for disclosure

-Counselors are mandatory reports, meaning they must report when a student’s life or other people’s lives are at risk, and counselors must report their notes if legally required (court cases, etc.)

-Counselors obtain informed consent from students, and their parents if needed, before any information is shared unless it is a mandatory reporting situation

-Counselors are required to warn others if their lives are at risk by a student, which can involve breaching confidentiality 

-Collaboration must be done with colleagues, parents, and administrators but it must be done without breaking the students confidentiality, unless absolutely required

Link to Policy: https://garlandisd.net/media/18710/download?inline 

The Garland Independent School District explains within their 2024-2025 Student Handbook & Student Code of Conduct that teachers and staff may display students work within the classroom or school building to acknowledge accomplishments without parent consent. However, if the work of a student is displayed outside of the school walls, such as on the school or district website, then consent must be given by the parent or by the student if the student is 18 years or older (Garland Independent School District, 2024).

Additionally, in compliance with FERPA, the Garland ISD explains that directory information of students is allowed to be shared without consent, unless the parent or guardian has opted-out. The 2024-2025 Student Handbook & Student Code of Conduct explains that directory information is as follows: student name, address, telephone number, photograph, place of birth, honors/awards received, dates of attendance, grade level, enrollment status, most recent educational institutions attended, participation in activities/sports, and weight/height of athletic team members (Garland Independent School District, 2024, p. 10). It is also explained that students or student’s parents that live or are receiving support for family violence or trafficking inform the school campus and district so the student’s information can be flagged and not given out without explicit legal requirements (Garland Independent School District, 2024, p. 10). 

2. Using a Model for Ethical Decision Making: Using an ethical decision making model, similar to the one used in this class, can help counselors make a decision and navigate a difficult ethical decision or situation. Using an ethical decision making model is important because it gives a school counselor a chance to determine different possible options or courses of action, the implications and consequences, and the recommendation, as well as other detailed or pertinent information. Also, an ethical decision making model can be important when discussing the situation with colleagues or administration and when explaining the decision to parents or students, because it can provide guidance and clarity on why the decision that was made was made.

3. Request Anonymity for Students: When a counselor is faced with the situation where their records are being subpoenaed or requested for legal proceedings, then the school counselor can request anonymity for the child. This is important because it provides safety to the child and their identity, and can also provide an opportunity for the counselor to gain or grow trust with the child. The request can be denied by the court, but it is an option that should be taken most of the time, and especially if the child’s safety is compromised. 

Link to Ethical Codes: https://www.schoolcounselor.org/getmedia/764178fc-c4b7-45d2-a4bc-bd4e101ab15e/EthicalStandards.pdf 

The American School Counselor Association (2022) states in section A.2(a) the following, “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.” This ethical code is important for not only school counselors but also for all of the school staff and administration. Sometimes school staff may not understand why school counselors can’t talk about a certain student, their situation or circumstances, or their personal details. It is vital for school counselors to remain ethical and follow legal requirements when it comes to student confidentiality and staff members need to understand that ethical guidelines are put in place to protect students and staff. Staff members should be aware of all school counselors ethical guidelines, so that everyone is aware of each others roles and responsibilities to each other and to the students.

2. Keep confidential information secure (locked files, encrypted platform, etc.)

3. Communicate sensitive information over secure lines (phone calls or meetings instead of email)

4. Keep detailed records of interactions (with students, parents, staff, etc.)

5. Collaborate with professionals while keeping student confidentiality, unless absolutely necessary for the safety of the child

6. Use an ethical decision-making model when conflicted with ethical dilemmas to ensure all routes and perspectives are considered

7. Advocate for student confidentiality in all situations unless the information is pertinent to child safety or other student safety

8. Attend professional development to stay up to date on all ethical and legal requirements, especially any changes that involve confidentiality

Child abuse prevention and treatment act. Child Abuse Prevention and Treatment Act PDF. (2023). https://acf.gov/sites/default/files/documents/cb/capta.pdf

Constitution Annotated. (n.d.). U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | congress.gov | Library of Congress. https://constitution.congress.gov/constitution/amendment-4/

Cornell Law School. (2018). 19 Tex.. Admin. Code § 247.2 - Code of ethics and standard practices for Texas educators. Legal Information Institute. https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-247-2

Garland Independent School District. (2024). 2024-2025 Student handbook & Student code of conduct. Garland ISD Student Handbook & Code of Conduct Download. https://garlandisd.net/media/18710/download?inline

Texas Education Code. (2017) Education code: Computers, computer-related equipment, and student information protection. Education Code Chapter 32. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Justia U.S. Law. (2003). Doe v. Unified School Dist., 255 F. supp. 2D 1251 (D. kan. 2003). Justia Law. https://law.justia.com/cases/federal/district-courts/FSupp2/255/1251/2562541/

Ken Paxton. (n.d.). Overview of the public information act. Overview of the Public Information Act | Office of the Attorney General. https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act

National Archives. (2025). Code of federal regulations. https://www.ecfr.gov/current/title-34/subtitle-A/part-99

The Texas constitution: Bill of rights. The Texas Constitution Article 1. Bill of Rights. (1876). https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.8

Texas Education Code. (1995). Education code: Parental rights and responsibilities. Education Code Chapter 26. Parental rights and responsibilities. https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm