Confidentiality is an important part of the ethical codes established in counseling. Upholding confidentiality and knowing

when to break confidentiality is an important responsibility for counselors. When a client seeks consultation with a counselor, it is important that trust and safety is established. As a future school

counselor, it is important to be familiar with ways to handle situations while maintaining ethical guidelines. It is my job to explain and ensure understanding of the limits of confidentiality to school staff, parent/guardian, and the student. This must take place in the first visit before counseling sessions begin. I chose the topic of confidentiality because it is a daily task we will encounter.

Schools themselves have their own rules regarding the responsibilities of the schools confidentiality. The school counselor shares a consent form with parents that states “ the counselor will keep information shared by the client confidential except in certain situations in which an ethical responsibility limits confidentiality”. (Keith, 2023) Parents sign the form giving their consent. 

Accountability is important at any level of the government because it guarantees that that body of government whether its federal, state, or local is following the laws that were put in place. It also ensures that rules and procedures are being followed. 

References: 

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

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/Ethical Standards.pdf

Keith, S. (2023). ESC7. Counselor’s Corner. http://www.westrusk.esc7.net/documents/2021-2022%20Employee%20Handbook.pdf

FERPA “protects the privacy of student education records” (20 U.S.C. § 1232g; 34 CFR Part 99). FERPA impacts confidentiality because it requires schools to protect all student documents and information from being accessed or released unless it meets the criteria of reporting. Schools must have written consent to be able to release information to the public such as photos in a newspaper, name listed on the school website etc… 

Link:

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

• Parents or eligible students have the right to inspect and review the student’s education records maintained by the school.

• Parents or eligible students have the right to request that a school corrects records which they believe to be inaccurate or misleading.

• Schools must have written permission from the parent or eligible student in order to release any information from a student’s education record

• Schools can disclose records without consent to the following parties under the following conditions:

  -School officials with legitimate educational interest

  -Other schools to which a student is transferring

  -Specified officials for evaluation purposes

  -To comply with judicial order or lawfully issued subpoena

  -Appropriate officials in cases of health and safety emergencies (US Dept. Education,2021)

Texas Law- Texas Attorney General Opinion No. JC-0538 (TEX. EDUC. CODE ANN. 8 26.004 (Vernon 1996)) states that “a school may withhold a minor child's counseling records from a parent” only if the counselor is the only one with access to those records, they are used only to help the counselor remember past visits, and are not shown to anyone else but a substitute for the counselor.

Link: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2002/jc0538.pdf

• A parent is entitled to access to all written records of a school district concerning the parent’s child, including: counseling records, psychological records, teacher and counselor evaluations

• a patient is entitled to have access to the content of a confidential record made about the patient.  

• The professional may deny access to any portion of a record if the professional determines that release of that portion would be harmful to the patient’s physical, mental, or emotional health. 

• The professional shall give the patient a signed and dated written statement that having access to the record would be harmful to the patient’s physical, mental, or emotional health and shall include a copy of the written statement in the patient’s records. 

References: 

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

Opinion No. JC-0538, Opinion No. JC-0538 (Ops. Tex. Atty. Gen. Aug. 7, 2002)

Texas admin code- a parent is entitled to all written records of a school district concerning the parent’s child. 

      -Violation of access to student records can result in disciplinary action from TEA and possibly lead to termination of a license. 

Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

A parent is entitled to access to all written records of a school district concerning the parent’s child, including:

• Attendance records

• Test scores

• Grades

• Disciplinary records

• Counseling records

• Psychological records

• Applications for admissions

• Health and immunization information

• Teacher/school counselor evaluations

• Reports of behavior patterns

• Records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child

(TEC, 2017)

State Administrative Law: Texas Administrative Code Title 19, §61.1051 This administrative law outlines protocols for situations in which the school counselor must breach confidentiality. It defines specific scenarios in which it is appropriate for the counselor to disclose information, such as when a student indicates they are a victim of abuse or neglect. It is mandatory for the school counselor to report any suspicions of abuse or neglect in accordance with this law. Failure to comply may result in legal consequences, disciplinary measures, monetary fines, and damage to professional reputation.

Link: https://tea.texas.gov/about-tea/laws-and-rules/commissioner-rules-tac/coe-tac-currently-in-effect/ch061ee.pdf

• prohibiting school officials from denying an investigator's request to interview a student at school

• prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator

• immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith

• confidentiality provisions relating to reports of suspected child abuse or neglect

• disciplinary action that may result from noncompliance with the district's reporting policy

References: 

Parental Rights and Responsibilities 2 Tex. Edu. Code § 26.004

Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code §61.1051  

Link: https://courts.delaware.gov/opinions/download.aspx?ID=166760

• crisis situations includes suicidal or homicidal statements or actions

• negligence per se based upon Defendants' violation of the school districts confidentiality regulations.

• requirements to notify a parent or guardian of the student's crisis situation state a claim of negligence

Reference: 

Rogers v. Christina Sch. Dist., C.A. No. N10C-07-060 JRJ (Del. Super. Ct. Jan. 18, 2012)

Link:

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

• Gives parents access to their child’s education records, an opportunity to amend records, some control over the disclosure of information from the records

• Student medical treatment (to include therapy sessions at on campus counseling) is under protection of FERPA

(U.S Dept. Education, 2021)

This regulation has an impact on the manner in which educational institutions and their counselors manage confidential student information. Counselors are required to strictly adhere to established guidelines in order to safeguard the privacy of student records, thereby ensuring that such information is only disclosed to authorized parties.

Reference:

The Family Educational Rights and Privacy Act (FERPA) (20 U.S. C. § 1232g; 34 CFR Part 99) 

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Link: http://www.westrusk.esc7.net/documents/2023-2024%20Employee%20Handbook-Corrected%202.pdf

• Maintain confidentiality in all matters relating to students and coworkers. 

•  The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

• The employee continues to be subject to applicable state and federal laws, local policies, administrative regulations, and the Texas Educators’ Code of Ethics, even when communicating regarding personal and private matters, regardless of whether the employee is using private or public equipment, on or off campus.

• Compliance with the Public Information Act and the Family Educational Rights and Privacy Act (FERPA), including retention and confidentiality of student records.

• Student records are confidential and are protected from unauthorized inspection or use. 

Reference:

 West Rusk CC ISD. (2023). Handbook. http://www.westrusk.esc7.net/documents/2023-2024%20Employee%20Handbook-Corrected%202.pdf

• Informed consent- helps give the patient a better

understanding of the process of their treatment; it should be done

in the beginning before therapy session begin

• Documentation- good documentation can be very helpful

when having to make consultations, make referrals, track clients

• Competency- Know the limits of the counselors skills and the ability to plan, deliver, and evaluate counseling services.

(Cobia, 2000)

Reference:

Cobia, D. C., & Boes, S. R. (2000). Professional Disclosure Statements and Formal Plans for Supervision: Two Strategies for Minimizing the Risk of Ethical Conflicts in Post-Master’s Supervision. Journal of Counseling and Development, 78(3), 293.

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/Ethical Standards.pdf 

Reference: 

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

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/Ethical Standards.pdf

Looking through the laws, guidelines, and court cases I have learned that breaking confidentiality toes the legal line and that there are only a few instances where I can or should break confidentiality. This information helps me because it gives me specific instances where I legally should break confidentiality, that clarification is vital when it comes to my students' rights and my rights as a school counselor. I know that in order to have a productive comprehensive school counseling program I must adhere to the guidelines set before me.