References

American School Counselor Association. (2022). Ethical standards for school counselors. ASCA.

Family Educational Rights and Privacy Act (FERPA). (2021, August 25). Www2.Ed.gov. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#:~:text=Get%20the%20Latest%20on%20FERPA

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Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.

Texas Education Code (TEC § 33.002 through § 33.009) https://statutes.capitol.texas.gov/Docs/ED/h tm/ED.33.htm

At the state level, the Texas Education Agency (TEA), the Texas Higher Education Coordinating Board (CB), and the Texas Workforce Commission (TWC), are the cooperating agencies that enforce the federal FERPA law regarding confidentiality (Texas Secretary of State, n.d.). "TEA only handles complaints related to violation of school law or the agency itself" (Agency, 2023).

References

Agency, T. E. (2023, March 21). Complaints Addressed by Other Agencies. Tea.texas.gov. https://tea.texas.gov/about-tea/contact-us/complaints/complaints-addressed-by-other-agencies

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Family Educational Rights and Privacy Act (FERPA). (2021, August 25). Www2.Ed.gov. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#:~:text=Get%20the%20Latest%20on%20FERPA

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Texas Secretary of State. (n.d.). Welcome to the Texas Administrative Code. Www.sos.state.tx.us. https://www.sos.state.tx.us/tac/index.shtml

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The fourth amendment protects people from unreasonable searches and seizures.

• secure in their persons

• houses

• papers

• effects

(Constitutional Amendments – Amendment 4 – “the Right to Privacy,” n.d.)

The fifth amendment protects privacy by guarantee of substantive due process and the right against self-incrimination.

• held to answer for a capital, unless on an indictment

• no individual subject for the same offense twice

• no individual compelled to be a witness against themselves

• no individual deprived of life, liberty, or property without due process

• no individual shall have private property taken for public use

(Temme, 2018)

The Texas State Constitution in Article 1 Bill of Rights, Section 9 piggy backs on the fourth amendment in that it covers the privacy of individuals with searches and seizures.

• secure in persons

• houses

• papers

• possessions

(THE TEXAS CONSTITUTION ARTICLE 1. BILL of RIGHTS, n.d.)

References

Constitutional Amendments – Amendment 4 – “The Right to Privacy.” (n.d.). Ronald Reagan. https://www.reaganlibrary.gov/constitutional-amendments-amendment-4-right-privacy#:~:text=Constitutional%20Amendments%20%E2%80%93%20Amendment%204%20%E2%80%93%20%E2%80%9CThe%20Right%20to%20Privacy%E2%80%9D

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Linder, D. O. (2003). The Right of Privacy: Is it Protected by the Constitution? Umkc.edu. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html

Temme, L. (2018). Fifth Amendment - U.S. Constitution - FindLaw. Findlaw. https://constitution.findlaw.com/amendment5.html

THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS. (n.d.). Statutes.capitol.texas.gov. https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

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• the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies

• prohibits the disclosure of a record about an individual from a system of records without written consent of the individual

• provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements

(Office of Privacy and Civil Liberties | Privacy Act of 1974, 2014)

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule (45 CFR Parts 160 and 164) provides individuals privacy protection with their health information being disclosed to others.

• primarily applies to health care providers

• health plans

• health care clearinghouses

• educators with access to medical information to include health plans in place for students, possible information within 504 or IEP plans

• school counselors with access or knowledge of medical information regarding their students

(U.S. Privacy Laws, n.d.)

The Texas Education Code § 26.004 elaborates on the parental rights of accessing their child's education information.

• attendance records

• test scores

• grades

• disciplinary records

• counseling records

• psychological records

• applications for admissions

• health and immunization information

• teacher and school counselor evaluations

• reports of behavioral patters

• records relating to assistance provided for learning difficulties and intervention strategies

(TEC § 26.004)

References

Office of Privacy and Civil Liberties | Privacy Act of 1974. (2014, June 16). Www.justice.gov. https://www.justice.gov/opcl/privacy-act-1974#:~:text=The%20Privacy%20Act%20prohibits%20the

Texas Education Code (TEC § 26.004) https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

TITLE 5-GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a. (n.d.). https://www.govinfo.gov/content/pkg/USCODE-2018-title5/pdf/USCODE-2018-title5-partI-chap5-subchapII-sec552a.pdf

U.S. Privacy Laws. (n.d.). EPIC - Electronic Privacy Information Center. https://epic.org/issues/privacy-laws/united-states/#hipaa

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• grades are not maintained by teachers until they are entered into the gradebook

• "maintain" suggests FERPA records will be kept in a file in a school's record room or on a secure database

• students are acting for the teacher in grading an assignment is different from saying they are acting for an educational institution in maintaining it

(Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002), n.d.)

References

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). (n.d.). Justia Law. https://supreme.justia.com/cases/federal/us/534/426/

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Student Privacy Case Law. (n.d.). EPIC - Electronic Privacy Information Center. https://epic.org/student-privacy-case-law/

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• parents the right to access their child's educational records

• parents must provide written consent to disclose information

• strict privacy and confidentiality unless mandated to report information due to legality or a harmful environment

References

Federal Register :: Request Access. (n.d.). Unblock.federalregister.gov. https://www.ecfr.gov/current/title-34/subtitle-A/part-99

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FERPA | Protecting Student Privacy. (n.d.). Studentprivacy.ed.gov. https://studentprivacy.ed.gov/ferpa#0.1_se34.1.99_12

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• any person has the right to request access to government records or information

• all entities defined as a “governmental body” in section 552.003 (1) (A) are subject to the Act

• certain information is protected from disclosure by the exceptions in the Act, Family Educational Rights and Privacy Act (FERPA), or other law, either constitutional, statutory, or by judicial decision

(Public Information Request, n.d.)

Temple ISD's local policy mandates the FERPA law of privacy and confidentiality of student educational records; however, they have the right to disclose information that is designated as directory information and not harmful or an invasion of privacy. Parents do have the right to object to the release of this information, but it must be done in writing to the principal or Temple ISD Office of communications within ten days of the first instructional day for the school year (Temple ISD Middle School and High School Parent and Student Handbook Our Vision, 2023, pg. 20-21).

References

Public Information Request. (n.d.). Www.tisd.org. Retrieved July 23, 2024, from https://www.tisd.org/apps/pages/index.jsp?uREC_ID=356372&type=d&pREC_ID=773160

Temple ISD Middle School and High School Parent and Student Handbook Our Vision. (2023). https://4.files.edl.io/fde2/09/15/23/131415-72b9a8ee-024e-479a-b499-ebf8ad7fa8ae.pdf

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• Required Training or Professional Development: In the state of Texas, school district employees are required to complete annual trainings in regards to FERPA and HIPPA laws. Depending on the educators job title, some employees require further training or professional development. For example, school counselors must complete a mental health professional development every three years. "State law requires districts to provide professional development for school personnel on youth mental health" (Professional Development for Mental Health - Texas | State Policy Database, n.d.).

  • Child Abuse Prevention an Overview. ...

  • Grief informed & Trauma informed practices. ...

  • Mental Health in Schools. ...

  • Suicide Prevention, Intervention, and Postvention. ...

  • Texas Statutes Education Code § 26.004

• Policies and Procedures: Policies and procedures must be put in placer in order for school districts to maintain the federal law with FERPA as well as state administrative laws and statues such as the Texas Education Code § 26.004 and Texas Administrative Code regarding the code of ethics and standard practices for Texas educators.

• Creating a Culture and Safe Environment: School districts can take many steps to protect student data in regards to technology usage in the classroom. Districts are responsible for promoting student safety and ensuring the protection of student data privacy. These steps may include:

  • point of contact person (technology or tech coach)

  • develop a communication strategy

  • identify websites and apps being used in the district

  • develop an understanding of specific laws and regulations such as FERPA

  • vet apps for compliance with laws and data privacy

  • create a list of approved apps to share with teachers

(Thompson, 2023)

References

Professional Development for Mental Health - Texas | State Policy Database. (n.d.). Statepolicies.nasbe.org. https://statepolicies.nasbe.org/health/categories/counseling-psychological-and-social-services/professional-development-for-mental-health/texas

Texas Education Code (TEC § 26.004) https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

Thompson, R. (2023, March 15). 6 Steps to Protect Student Data Privacy. Edutopia; George Lucas Educational Foundation. https://www.edutopia.org/article/protecting-student-data-privacy/

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Welcome to the Texas Administrative Code. (2018). Texas.gov. https://www.sos.texas.gov/tac/index.shtml

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Reference

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

(Chapel, 2019)

References

Chapel, M. (April 10, 2019). 5 Ways to Safeguard Student Information. Technology Solutions That Drive Education. https://edtechmagazine.com/k12/article/2019/04/5-ways-safeguard-student-information

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Scheid, M. (2019). The educator’s role: Privacy, confidentiality, and security in the classroom. Student Privacy Compass. https://studentprivacycompass.org/scheid1/

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