(M. Cummings, personal communication, Mar. 19, 2019)

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

Studer, J. R. (2015). The essential school counselor in a changing society. Los Angeles: SAGE.

Texas Education Code, 26 § 001 (May 30, 1995).

Walsh, J., Maniotis, L., & Kemerer, F. R. (2018). The educators guide to Texas school law. Austin: University of Texas Press.

One situation which arises repeatedly regarding confidentiality and the client patient relationship, is the concept of imminent danger to the client or to others by the client.  As Lazovsky (2008) states, the conflict between legal standards and ethical guidelines is often be left to the counselor's best discretion. The American School Counselors Association has guidelines to assist counselors in making these decisions, but as Moyer and Sullivan (2008) state, this still leaves counselors with the responsibility of determining the best course of action which can be defended in terms of ethical decision making. Even within this caveat, there is a necessity for counselor discretion in determining when dangerous behaviors are imminent. In Moyer and Sullivan's 2008 study, they found that many counselors measure the severity of self-harm behaviors based on their personal value system as well as the age of the students involved. This can lead to a variety of counselors making a variety of decisions regarding breaching confidentiality between themselves and their patients.  An additional difficulty in this lies in the liability of the counselor.  As Walsh, Maniotis, and Kemerer (2018) state, counselors who failed to disclose imminent danger to the appropriate law enforcement or medical personnel may be held personally liable should an injury result from the choice to maintain confidence.

Patient confidentiality is a complex issue in the life of a school counselor. There are legal precedents requiring counselors to disclose any written information gathered through the course of their care for a student to parents and stakeholders as necessary.  Additionally counselors may be personally liable should they fail to disclose imminent danger to the correct medical or law enforcement personnel.  These potential breaches of confidentiality may lead some minors to eschew counseling in favor of maintaining privacy.

Ultimately, the choice to disclose confidential information relies on the counselor to make what he or she views as the best ethical decision for his or her client.  The implications for my future as a counselor require me to create a network of trusted professionals with whom I can consult when I encounter a situation which causes me to consider breaching confidence.  In addition, it becomes increasingly important to establish the guidelines through which confidence may be broken before engaging in counseling services with students.

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

Lazovsky, R. (2008). Maintaining Confidentiality with Minors: Dilemmas of School Counselors. Professional School Counseling,11(5). doi:10.1177/2156759x0801100507

Moyer, M., & Sullivan, J. (2008). Student Risk-Taking Behaviors: When Do School Counselors Break Confidentiality? Professional School Counseling,11(4). doi:10.1177/2156759x0801100404

Walsh, J., Maniotis, L., & Kemerer, F. R. (2018). The educators guide to Texas school law. Austin: University of Texas Press.