• privacy of individuals, homes, as well as papers, and effects.

• This is a protection of privacy for individuals to not be searched without reasonable cause.

• This law protects individuals confidential information and privacy.

• No person or thing can be seized without probable cause

• People shall be secure (Tex. Const. art I §9).

• This helps protect confidential material and privacy for individuals within the state of Texas.

• Shows alignment with both constitutions.

• Parents have rights to their students written records. It’s best to be mindful what is written inside these confidential records.

• Records consists of attendance, test scores, grades, counseling record, discipline records, reports of behavior to name a few.

• Not adhering to this law is breaking the law.

• Ethically, school counselors must maintain confidential materials.

• Administrative code states educators can not reveal confidential material concerning students (unless disclosure is lawful).

• If failure to uphold ethical standards, one can jeopardize their job and liability.  

• IDEA protects students confidential materials especially those who have a disability (IDEA, 2004).

• IDEA has the idea that every child is created equally.

• Within IDEA, maintaining confidential records, parental consent, and confidentiality safeguard are explained. 

*Texas Education Agency upholds all laws and is in compliance with the federal law provided through IDEA. TEA ensures all school districts within the state are following the Individuals with Disabilities Education Act. 

• Parents can receive and access their students records as permitted by law.

• Only school officials that have legitimate educational interest may gain access to students records.

• Explains what student records are/who can access student records

• How to transfer student records

  
  

• Additionally Shallowater ISD has a policy that is dedicated to Parental Rights.

  
  

  Shallowater has the Student Records Policy to outline guidelines. If student records were not a piece of secure materials it would not matter who had access to what information. This policy ensures Shallowater ISD is maintaining confidentiality with student records. Lastly, Shallowater ISD stays in compliance with state and federal guidelines regarding confidentiality.

• Glassoff and Pate (2002) share that when working with minors informed consent is both legal and ethical. Informed consent and assent signed by students is important. However, parents also have their parental rights. To prevent a confidentiality breach its best to follow ethical guidelines by ensuring students know the confidentiality limitations and parents know their parental rights. Communicating both aspects can help relationships and continue to foster student services.

• Another form of risk management is providing professional development for staff. Professional development can include procedures to follow for confidentiality (Glassoff and Pate, 2022) . Professional development or workshops can enhance knowledge on local, state, and federal policies.

• Have district protocols and policies set in place that is communicated effectively to all staff. If districts have clear expectations on handing confidentiality, there leaves little to no room to error. Additionally, school educators should be informed of possible repercussions for breaching confidentially.

19 Tex. Admin. Code § 247.2(3)(a)

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01- 3a5d657c6743/Ethical-Standards.pdf

Glossoff, H., & Pate, R. (2002). Privacy and Confidentiality in School Counseling . https://www.researchgate.net/profile/H-Glosoff/publication/234700799_Privacy_and_Confidentiality_in_School_Counseling/links/0f31753c545050206f000000/Privacy-and-Confidentiality-in-School-Counseling.pdf

Family Educational Rights and Privacy Act. (1974), 20 U.S.C. §1232(g).

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).

Student Records. Shallowater Independent School District . (2023). https://pol.tasb.org/PolicyOnline/PolicyDetails?key=836&code=FL#localTabContent

Tex. Const. Art. I § 9.

Wyatt v. Kilgore Indep. Sch. Dist, Civil Action No. 6:10-cv-674 (S.D. Tex. 2011). https://casetext.com/case/wyatt-v-kilgore-indep-sch-dist

U.S. Const. Amend. IV.

• Know, understand, and become familiar with the ASCA (2022) ethical standards.

• Know the state and federal laws regarding students and confidentiality. (This also goes for parental rights).

• When in doubt ASK key stakeholders that abide ethically for guidance and support.

• Additionally, professional developments and trainings can ensure other staff members are on the same page regarding confidentiality.

• Educate staff members and parents on the role of school counselors' and confidentiality guidelines.

• Having district policies in place can help hold employees accountable for confidential materials.

• Sending and receiving Personal Identifiable materials should be limited. Different protocols can be put in place to help reduce a breach in confidentiality. 

• School counselors provide trainings on confidentiality and allow for questions or concerns to be addressed.

The connections I have made with these laws will help me navigate challenging aspects of confidently as a school counselor. These connections have fostered the ability to know how to look, find, and understand that the law has implemented. Additionally, these connections have made me aware of the seriousness of student confidentiality and repercussions.

(Wyatt v. Kilgore Indep. Sch. Dist, 2011)

• Breach of confidentiality, violating FERPA.

• Violation of student privacy rights

• District policy to disclose sexual orientation for Kilgore ISD