School counselors are required to safeguard information communicated with students and at times must disclose information discussed to parents and other stakeholders such as school officials. The ethical issue in confidentiality resides in the breaching of confidential information when legally required to or instructed to by the school administration, ultimately risking the trust built with the student and potentially violating confidentiality rights. Breaking such trust can prevent students from engaging in honest communication, thus preventing the school counselor from efficiently helping the student (The School, 2018). 

Therefore, the topic of this guide is confidentiality with the primary audience being school teachers, administrators, counselors, students, and parents. This set of audience members is typically involved in situations that require the disclosure or breaching of confidentiality. Therefore, it is important for the stakeholders to understand the limits of confidentiality.

This topic was chosen due to the frequent exposure of instances that involve the protection and disclosure of confidentiality information as a school counselor. Consequently, counselors encounter instances where maintaining legal standards creates or leads to ethical issues when keeping confidentiality. When counseling students that involve counseling services, parents are interested in knowing the information and communication exchanged between the counselor and their child.

• SBEC governs both confidentiality and holds accountable any instances of dual relationships.

• First allowed local district officials to evaluate school counselors' performance and conduct (Texas school, 2009).

• School counselors must abide by legal and ethical practices as mandated by the Code of Ethics and Standard Practices for Texas Educators.

The Texas Education Agency, which oversees public schools in Texas, provides the guide known as the Texas Model for Comprehensive School Counseling Program to ensure school counseling programs fulfill Texas Education Code requirements and properly meet the academic, social, and emotional needs of students (School Counseling, 2023).

U.S Constitutional Law:(U.S. Const. amend. XIV)

-no state or law can abridge the privileges of a citizen

-Link: Click Here

Impact: Amendment XIV to the U.S. Constitution broadly ensures all citizens have the right to the privacy of their information, specifically through the Family Educational Rights and Privacy Act (FERPA) for students.

Consequence: Violating FERPA can result in the school losing funds and the educator being fined up to 500 dollars for each violation (Muscad, 2022).

Texas Constitutional Law: (Tex. Const. art. 1, § 19)

- No Texas Citizen can be deprived of liberty, privileges, life, property, or immunities unless by due course of the law of the land.

-Link: Click Here

Impact: Article 1, Section 19, of the Texas Constitution impacts school counseling as school counselors must not deprive students of privileges and property such as confidential information regarding the student, unless required by law.

Consequence: SBEC is responsible for disciplinary action against educators who violate the Educator Code of Ethics Standard 3.1 as per 19 Tex. Admin. Code §249.15. Breaking the confidentiality of a student can result in disciplinary action from SBEC for the educator and the State for the school district or campus.

Federal Statute Family Educational Rights and Privacy Act

(20 U.S.C. § 1232g; 34 CFR Part 99)

Link: Click Here

Texas Statute

(7 Tex. Health and Safety Code §611.02)

Link: Click here

Impact:

● Sets forth privacy of education records for students and parents; allows school counselors to withhold student records from parents as long as school counselors have sole possession of the files.

● Allows for transfer of rights from parents to student upon turning 18

● Communications between student and school counselor are to be kept confidential

Federal Administrative Law

(5 U.S. Code § 552a)

Link: Click here

Texas Administrative Law

(19 Tex. Admin. Code §247.2)

Link: Click Here

Impact:

● Requires that the information of an individual be used fairly

● Prevents information from being released to public without prior consent

● Educators can not reveal a student’s confidential information unless required by law

Consequences:

● Withdrawal of Federal funds from School that violated FERPA confidentiality

● SBEC disciplinary action against educator

• ruled that school counselors have a duty to make reasonable attempts to prevent suicide and must contact parents regarding suicidal comments of their child (1991).

Link: Click here

Confidentiality

Eisel v. Board of Education (1991) impacts the confidentiality of school counseling as not all information can stay confidential. School counselors must state limits of confidentiality to students and understand such limits themselves.

Link: Click here

Consequences regarding this regulation include the following (9 Tex. Admin. Code §249.15):

● restrict issuance or renewal of a certificate

● inscribed or non-inscribed reprimand

● suspension or revoking of certificate

● impose any conditions or restrictions to the certificate of the educator at fault that the SBEC believes is necessary

This policy allows educators to use reasonable cause to report potential abuse or neglect and are required to write a written report within 48 hours ( Student Welfare, 2021).

• ensures students who are being abused or neglected are immediately removed from harm

• impacts confidentiality as confidentiality between counselor and student must be broken.

Risk Management Steps can include:

1. Any information or notes written must be kept in secure storage

2. If a student's safety or life is in danger, understand that confidentiality will need to be broken when ordered by law

3. Always disclose confidentiality exceptions to students before beginning counseling session

4. Write down contact information, events, and dates, in which school administration orders you to break confidentiality

Link: Click here

Confidentiality

• 19 Tex. Admin. Code §247.2- Educators can only reveal confidential information of students if disclosure serves a lawful purpose or is required by law

• Ensures that information concerning the safety of a student is always accessible, especially if it can save their life.

• My increase in confidence when interpreting federal and state laws regarding school counseling issues will ultimately help me in making the best decisions when faced with legal and ethical dilemmas.

• Understanding these connections the school counseling role and responsibilities have with the law will allow me to fulfill my duties and responsibilities with the greatest care and regard for the law possible.

• Having learned about some of the multitude of laws that apply to my teaching profession and the school counseling profession, has truly motivated me to continue learning about educational law as changes ill occur in the future.

Code of Ethics and Standard Practices for Texas Educators, 19 Tex. Admin. Code §247.2

Disciplinary Action by State Board for Educator Certification, 19 Tex. Admin. Code §249.15

Eisel v. Board of Education, 324 Md. 376, 597 A.2d 447 (Md. 1991).https://casetext.com/case/eisel-v-board-of-education

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99

Student Welfare: Child Abuse and Neglect. (2021) Eagle Pass ISD Board Policy Manual. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=854&code=FFG#localTabContent

Mental Health Records, 7 Tex. Health and Safety Code § 611.02

Muscad, O. (2023). The ultimate guide to FERPA: Everything you need to know about school privacy laws.DATAMYTE. https://datamyte.com/blog/guide-to-ferpa/#:~:text=Schools%20that%20fail%20to%20comply,%24500%20for%

20each%20FERPA%20violation.

Records maintained on individuals. 5 U.S. Code § 552a

SBEC principles. (2023). Texas Education Agency.https://tea.texas.gov/about-tea/leadership/state-board-for-educator-certification/sbec
-principles

School Counseling. (2023). Texas Education Agency. https://tea.texas.gov/academics/college-career-and-military-prep/school-counseling

Tex. Const. art. 1, § 3

Texas school counselors aim for own evaluations. (2009). Counseling Today, 52(1), 47.

The school counselor and confidentiality. (2018). ASCA School Counselor. https://www.schoolcounselor.org/Standards-Positions/Position-
Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

U.S. Const. amend. XIV