Exploration of Confidentiality in School Counseling by Carly Delaney

Slide #1 - Professional Perspective

cdelaney45 — 2024-05-10 02:03:13 UTC

I chose this topic because the biggest barrier I have seen between students and school counselors is trust. If a student cannot trust their counselor, then not much progress can be made to help a student with their personal problems. Confidentiality must be present so students are comfortable asking for help with an authority figure such as a school counselor. Some situations require communication with parents and mandated reporting, but everything else a counselor communicates with a student is an ethical decision of confidentiality.

Slide #2 - Governing Agencies

cdelaney45 — 2024-05-10 02:04:17 UTC

When considering confidentiality, the ASCA Code of Ethics (2022) states “Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others” (p. 2).

The American School Counselor Association (ASCA) provides ethical standards and more for school counselors.
This standard protects students from their information and communication being revealed to outside parties.
The ASCA is what I will check first if I have questions about standards after looking at my school standards.

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

Slide #3 - Constitutional Laws

cdelaney45 — 2024-05-10 02:05:00 UTC

Federal Law - The Family Educational Rights and Privacy Act (FERPA) (1974) is “…a Federal law that protects the privacy of student education records.” Under FERPA, a public school may withhold a child’s counseling records from a parent if the records are kept in the sole possession of the counselor (TEA, 2024).
State Law - Health and Safety Code (2021) Sec. 611.002. states “Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential.” Counselors must keep communications confidential due to the rights of the patient in counseling.

Health and Safety Code, Sec. 611.002. (2021) https://statutes.capitol.texas.gov/Docs/HS/htm/HS.611.htm#:~:text=611.002.,by%20a%20professional%2C%20are%20confidential .

FERPA

https:/ / www.ecfr.gov/ current/ title-34/ part-99#p-99.3(Directory %20information)

Texas Education Agency. (2024) School Cousneling FAQ’s https://tea.texas.gov/academics/learning-support-and-programs/school-guidance-and-counseling/school-counseling-faqs#:~:text=Under%20the%20Federal%20Family%20Educational,revealed%20to%20any%20other%20person

Slide #5 - Case Law

cdelaney45 — 2024-05-10 02:05:54 UTC

Eisel v. Board of Education (1991)

Refers to the concept of school counselors can be liable if they are aware and do not notify the parents of a student of suicidal thoughts or plans a student has.
The case involves a father of student who had a suicide pact with another student at another school, which the other school counselor was named in the case as knowing about the pact the students made.
This set the standard of notifying parents of this type of situation.

Lehto v. Board of Education of Caesar Rodney School District (2008) https://caselaw.findlaw.com/court/de-supreme-court/1344980.html

Slide #4 - Statute and Administrative Law

cdelaney45 — 2024-05-10 02:06:57 UTC

Statute - Texas Health and Safety Code (2021) Sec. 611.002. states “Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential” (p.1). Not following this could lead to legal action from a student or parent.
Administrative Law - The ASCA Code of Ethics (2022) states “Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others” (p. 2). Not following this could lead to legal action or termination.

Health and Safety Code, Sec. 611.002. (2021) https://statutes.capitol.texas.gov/Docs/HS/htm/HS.611.htm#:~:text=611.002.,by%20a%20professional%2C%20are%20confidential .

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

Slide #6 - Federal Regulation or Mandate

cdelaney45 — 2024-05-10 02:08:51 UTC

Directory information of a student can be shared if the information would not usually be considered harmful or an invasion of privacy if disclosed (FERPA, 1974).

Directory information of a student could include:

Name
Address
Telephone number or email
Photographs
Date and place of birth
Weight and height of members of athletic teams

FERPA - 34 CFR 99.3 “Directory information”

https:/ / www.ecfr.gov/ current/ title-34/ part-99#p-99.3(Directory %20information)

Slide #7 - Local Administrative Law

cdelaney45 — 2024-05-10 02:09:47 UTC

Katy ISD adopted the policy stating “...a parent is entitled to access all records of the district concerning the child, including health and immunization information, teacher and school counselor evaluations, reports of behavioral patterns, and other items that could be deemed as confidential” (FERPA, 1995).

Katy ISD recently released confidential information about the students personal identification to parents without notice or consent.
Many students and others were not happy with this because this goes against other standards of confidentiality.

FERPA (1995)

https:/ / www.ecfr.gov/ current/ title-34/ part-99#p-99.3(Directory %20information)

Slide #8 - Risk Management

cdelaney45 — 2024-05-10 02:10:57 UTC

A student might lose trust in a counselor or not be safe or feel comfortable telling their parents what they want to get help with from a school counselor. If a student has a medical problem, such as getting pregnant, a counselor must decide if this is the responsibility of the counselor of the student to communicate this to parents (Grubbs et. al, 2016).
Parents can feel alienated by school counselors because they believe the counselor should have their consent to be talking to their child about certain topics and be told what is talked about.
A consequence of not communicating everything with a parent could be professional relationship problems such as distrust and legal action with a parent. If a school counselor were to break confidentiality, the school counselor could ultimately lose their job and/or their license. A student could also file a lawsuit against the the counselor and school district.

Slide #9 - Ethical Principle

cdelaney45 — 2024-05-10 02:11:36 UTC

Counselors are held to a high standard because there are difficult situations that can arise. The ASCA Code of Ethics (2022) states “Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others” (p. 2). This standard protects students and their personal confidentiality with counselors in cases such as personal relationships, mental health, and personal identification.

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

Slide #10 - Personal Connection

cdelaney45 — 2024-05-10 02:13:30 UTC

Learning the legal and ethical standards of school counseling confidentiality has shown me different situations that I could come across and how to navigate them. Many of these difficult situations might come down to more precise school policies and not always ASCA standards. Seeing different cases prepares me for what I will possibly see as a school counselor in the future.

I feel very confident with the laws and policies in place for confidentiality and how they are leading school counselors and how they will lead me in the future. Going forward, I believe there may need to be more specific standards because of situations that are present now that were not present when some legal and ethical standards were written. I would like to evaluate the standards at my future school I will be a counselor at to make sure that I understand them fully and they protect students first and foremost.

Slide #11 - Best Practices

cdelaney45 — 2024-05-10 02:14:03 UTC

Ethical decision making strategies for confidentiality could include:

Always get consent from student when speaking to any other party about them, if needed.
Do not identify the student to any other party when asking for help to keep confidentiality.
Report dangerous behavior or situations to local authorities and the parents of the student to protect the child.
Maintain being a mandated reporter to protect the health and well-being of a student.
Always log communication between parents and outside parties concerning a student.
Be sure to maintain professionalism when communicating with students, parents, and all outside parties.
Stay up to date on confidentiality laws, regulations, and school policies.