FERPA protects a student’s personal information in their educational record. 
- FERPA grants parents and students 18 years or older access to information in the student’s educational record (The Family Educational Rights and Privacy Act [FERPA], 1974). 
- It also protects that information from being disclosed to third parties without parental consent (FERPA, 1974). 

If a school releases student educational or personal information, without parental or adult student consent, a school may have all federal funding suspended until they are in compliance with the law. 

A State Law that has an impact on counselor/student confidentiality is the Texas Administrative Code that outlines the Code of Ethics and Standard Practices for Texas Educators. This law lays out the professional expectations for educators in the state of Texas. 

Ethical Standard 3.1 says that: 
- Texas educators shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law (Tex. Admin. Code §247.2).

Educators that do not follow the Texas Administrative Code are subject to dismissal by their school district and may lose their educator's certification.

Ethical Standard 3.1 says that Texas educators shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law (19 TAC §247).

Educators that do not follow the Texas Administrative Code are subject to dismissal by their school district and may lose their educator certification.

In Jackson et al v. McCurry et al (2017) parents of a student that had their phone searched sued the school claiming they violated their student’s right to privacy. The court determined that administrators have the right to search a student’s phone without a warrant or student’s consent to investigate alleged threats that constitute a violation of school policy.

Knowing that case law exists to protect schools and administrators helps not only the school and administrators but also students. Students should be educated by counselors to understand the limits of privacy and the rights that schools have under established case law.

FERPA protects a student’s personal information in their educational record. FERPA grants parents and students 18 years or older access to information in the student’s educational record (The Family Educational Rights and Privacy Act [FERPA], 1974). It also protects that information from being disclosed to third parties without parental consent (FERPA, 1974). 

Beyond student information:
-  counselors must be familiar with software, provided by the school, that students use for educational purposes.

- counselors must also ensure that the transfer of student testing data, personal and demographic information is protected ensuring confidentiality.

The ethical standards that are listed in the employee handbook are taken from the Texas Administrative Code ethical standards for educators. The first being to maintain confidentiality with all student records unless disclosure is required by law (Tex. Admin. Code, 2018). 

Counselors must uphold these ethical and professional standards to be compliant with state and local laws. By doing so counselors will support and serve the needs of their students by being available and honoring confidentiality. 

The second standard A.2. is to honor student confidentiality by promoting counselor ethical standards by educating the school on confidentiality and how it works (ASCA, 2022). In order to do this, counselors must work with students to inform them on the limits of confidentiality (ASCA, 2022).

Confidentiality is complex and covers a range of issues ranging from handling student records to advocating for workspaces that protect student confidentiality. It is not only about keeping conversations private unless students share that they are hurting themselves, hurting someone else, or in danger of being hurt by someone else. It is important that counselors work with students and staff to help them understand how confidentiality works in the counselor/student or staff relationship.

Tex. Admin. Code (2018) also stipulates that that educators shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. 

6) Develop an ethical decision making strategy to resolve ethical conflicts that might arise. 

When ethical conflicts with confidentiality arise, an ethical decision making strategy that is just and respects the rights of all people involved should be used to help resolve the conflicts. 

A solution that treats all parties equally and takes student rights into consideration will help establish a counseling program that students believe in and can trust. 

The ethical standards for counselors mandates that they adhere to  competent consent with their students, educate students on how confidentiality works and its imitations, and recognize parent’s rights is  confidentiality (ASCA, 2022).  When students see that their counselor has a strong ethical standard they are more open and willing to talking and seeking supports from their counselor. 

In the end this will best serve the community as a whole.