EDG 6305- Mandated Reporting by Jessica Smith

Slide 1: Professional Perspective/Audience/Topic

jsmith13_2 — 2024-05-06 17:44:20 UTC

Topic: Student Confidentiality

Audience: School counselors

Professional Perspective: School counselors must maintain confidentiality with their students’ personal information unless serious and foreseeable harm exists. Confidentiality is the cornerstone of the school counselor and student relationship (O’Connell, 2012). A school counselor's main purpose is to provide students with the tools they need to succeed academically, personally, and socially. A mutually respectful and trusting relationship is important.

O’ Connell, W. P. (2012). Secondary School Administrators’ Attitudes Toward Confidentiality in School Counseling. NASSP Bulletin, 96(4), 350–363. https://doi-org.easydb.angelo.edu/10.1177/0192636512466936

Slide 2: Governing Agency

jsmith13_2 — 2024-05-06 17:44:54 UTC

The commissioner of education, the State Board of Education (SBOE), and the Texas Education Agency (TEA) guide and monitor public education in Texas. The SBOE provides leadership and state-level administration as prescribed by law, and the commissioner and TEA staff implement state education policy (Texas Association of School Boards, 2020).

Texas Association of School Boards. (2020). FAQ: Texas School Board Roles and Responsibilities. https://www.tasb.org/resources/texas-school-board-roles-responsibilities#:~:text=A%3A%20The%20commissioner%20of%20education,staff%20implement%20state%20education%20policy.

Slide 3: Federal and State Constitutional Law

jsmith13_2 — 2024-05-06 17:45:13 UTC

Federal: Family Educational Rights and Privacy Act (1974)

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 correct 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

https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

State: House Bill No. 2087 The Student Privacy Act (2017).

Protects students’ personally identifiable information used on websites, online services, online applications, or mobile applications for a school purpose.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.ht

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

Tex. Educ. Code (2017). § 32.151(3).

Slide 4: Statute and Administrative Law

jsmith13_2 — 2024-05-06 17:45:28 UTC

Texas Statute: Texas Education Code § 26.004 (b).

Parents are entitled to all educational records that pertain to their child (2017).

Texas Administrative Law: Texas Administrative Code Title 19 Chapter 27

Educators are not to intentionally or unknowingly treat a student in a manner that negatively affects their academic, personal, physical, or mental health (2022).

Texas Administrative Code. (2022). Title 19, Chapter 247, Rule 247.2, Standard 3.2.

Tex. Educ. Code (2017). § 26.004 (b).

Slide 5: Common or Case Law

jsmith13_2 — 2024-05-06 17:45:46 UTC

Owasso Independent School District v. Falvo attempted to ban peer grading in the classroom citing a violation of FERPA. Allowing other students to see others’ work and know their grades was embarrassing to students. The district court noted that grades put on papers were not “educational records” therefore not violating FERPA (Owasso Independent School District v Falvo, 2001).

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). https://supreme.justia.com/cases/federal/us/534/426/#tab-opinion-1961015

Slide 6: Federal Regulation/Mandate

jsmith13_2 — 2024-05-06 17:46:01 UTC

Individuals with Disabilities Education Act (IDEA) is a federal statute that pertains to students with disabilities, but requires school districts to maintain student confidentiality (2024).

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

Slide 7: Local Administrative Law/Policy/Rule

jsmith13_2 — 2024-05-06 17:46:20 UTC

Abilene Independent School District’s policy relating mandated reporting of abuse, AISD Local Policy FFG, states “any person who has reasonable cause to believe that a child’s physical or mental health or welfare have adversely affected by abuse or neglect has a legal responsibility to immediately report the suspected abuse or neglect to an appropriate authority” (2021, p. 1).

Abilene Independent School District. (2024). FL(Local)-A Update122. Student Records. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1118&code=FL#localTabContent

Slide 8: Three Risk Management Strategies

jsmith13_2 — 2024-05-06 17:47:01 UTC

Three risk management strategies could include:

Ensuring that you are familiar with the state laws (Tuttle et al., 2019).
Engage in training opportunities regarding school counselor expectations.
Collect and retain only the minimum amount of student information necessary for educational purposes (Williams & Wehrman, 2010).

Tuttle, M., Ricks, L., & Taylor, M. (2019). A Child Abuse Reporting Framework for Early Career School Counselors. Professional Counselor, 9(3), 238–251. https://doi-org.easydb.angelo.edu/10.15241/mt.9.3.238

Williams, R. L., & Wehrman, J. D. (2010). Collaboration and Confidentiality: Not a Paradox but an Understanding Between Principals and School Counselors. NASSP Bulletin, 94(2), 107–119. https://doi-org.easydb.angelo.edu/10.1177/0192636510374229

Slide 9: Ethical Principle

jsmith13_2 — 2024-05-06 17:47:18 UTC

American School Counselor Association provides the ethical standard regarding confidentiality stating, “ school counselors promote appropriate rationale and procedures for disclosure of student data and information to school staff” (2022, p.2). It impacts school counselors by providing the framework for identifying what is to be kept confidential and what could be disclosed to guardians.

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. A.2(a) https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Slide 10: Personal Connection to Legal/Ethical Standards

jsmith13_2 — 2024-05-06 17:47:35 UTC

I have worked in education for over a decade. In that time, I have learned the importance of following legal and ethical standards to protect our students. Within this course, I have become more familiar with those standards, and have a greater understanding of how important it is not only for our students, but also for the educator. Researching different laws and regulations that pertain to student confidentiality and the consequences of not following them has deepened my understanding on the necessity of continued education and training.

Slide 11: Recommendations/Best Practices

jsmith13_2 — 2024-05-06 17:48:24 UTC

Best practice to ensure compliance:

Ensure understanding of FERPA
Maintain secure record-keeping
Limit access to educational records to professionals with legitimate educational interest
Obtain consent from parent/student when sharing data
Engage in trainings
Stay updated on new and changing laws and regulations