Roman v. Appleby, a suit in 1983, brought parents against a school counselor, proving that the constitutional rights of parents, children, teachers, and administrators all compete (Isaacs, 1999).  School counselors struggle with “the challenge of balancing the rights of minor clients for confidentiality with the legitimate rights and concerns of others and a counselor’s responsibility to act in a minor child’s best interest” (Isaacs, 1999, para. 2).  School counselors are ethically required to break confidentiality if the student engages in behavior that may put him or others in danger.  Additionally, they can break confidentiality if they are subpoenaed by the court to participate in legal proceedings (Confidentiality guidelines for school counselors, n.d.).  

       While confidentiality is one of the main ethical concerns for school counselors, it is not legal privilege.  Legal privilege is given to licensed counselors, but since school counselors are certified, legal privilege does not apply.  Confidentiality is an ethical term, which is regarded as a promise to respect clients’ privacy (Confidentiality guidelines for school counselors, n.d.).  

       There are multiple scenarios that may emerge in which a future school counselor will have to choose whether or not to break confidentiality.  Counselors might view such instances as serious drug use, abortion, suicide intent, robbery, rape, self-harm, sex with multiple partners as occasions when confidentiality should be broken.  With younger children, suspicion of abuse (physical, mental, sexual), theft, and threat to others would warrant a confidentiality breach (Isaacs, 1999).  

 

                     References

Isaacs, M. L. (1999). School 
     counselors and confidentiality:
     Factors affecting professional
     choices. Professional School
     Counseling,2(4).

 

Confidentiality guidelines for school 
     counselors. (n.d.). Retrieved from 

     http://www.school-counseling-  
     zone.com/confidentiality.html