Federal: Family Educational Rights and Privacy Act (FERPA) is the federal law that governs privacy and confidentiality of all students. It protects the privacy of students’ educational information and their parents. Parents' written permission must be obtained to share students' data. 

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

   https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

Summary

State: At the state level, Texas Education Agency (TEA) creates their policies and regulations to follow FERPA and elaborate on the regulations emphasizing the needs of the Texas students. TEA uses FERPA as a guide to create mandates to target privacy and confidentiality for all students in Texas. 

In both cases, if these laws and policies are violated and the students’ information is breached, the school can be held accountable by losing their funding. 

Texas Education Agency. (2018). The Texas model for comprehensive school    counseling programs (5th ed.). Texas Counseling Association. 

 

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (1974).      https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g  

State: Constitutional law created by the state government and legislative branch has to be approved by voters. 
Tex. Educ. Code §33.054 
Photographs of Children may only be used for identifying and locating a child. This information must remain confidential unless the legal custodian authorizes the release. It may not be shared with any person.  Added by ACTS 1995, 74th Leg., ch.260,Sec 1, eff. May 30, 1995.  

 

Link to the full text of law  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Bulleted list about the law and the legal requirements

(Privacy Act, 1974).
(Texas Student Privacy Act, 2017). 

Administrative Law
The Privacy Act is an administrative law enacted by the federal government concerning the collection and use of records in maintaining the privacy of students. 

The privacy act of 1974. (n.d.). U.S. office of special counsel. https://osc.gov/Pages/Privacy-Act.aspx

Link to full source of law https://www.ies.ed.gov

Statute Law
The Texas Legislature passes the Texas Student Privacy Act (TSPA), which is a state law intended to further protect student privacy where the federal law may be lacking. 

Texas legislature passes student privacy act – Walker, J. (2017). JW News. https://www.jw.com/news/texas-legislature-passes-student-privacy-act/

Link to full source of law https:www.sao.texas.gov

Administrative law created by the state government and legislative branch State Law: https://statutes.capitol.texas.gov/

Law and legal requirements

(The Family Educational Rights and Privacy Act [FERPA], 1974).
(Confidentiality for Students with Disabilities: Liability Case Laws, 2018).
 
Under the framework of Family Education Rights and Privacy Act (FERPA), this article concerns decisions about liability for disclosures of confidential information about students with disabilities. The majority of these cases were federal, and the school district was not found liable. Of the eight cases, there were only two cases that were in favor of the families.   

Statutory Law: https://www.congress.gov  

Zirkel, P. (2018). Zirkel-swd-confidentiality-ms.

Bulleted list about FERPA and legal requirements

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (1974).      https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

Texas legislature passes student privacy act – Walker, J. (2017). JW News. https://www.jw.com/news/texas-legislature-passes-student-privacy-act/

Administrative Law: https://www.congress.gov   

Legal requirements of the Texas Student Privacy Act

Records Management

Special Education Records – All student records are electronic in the eSTAR/eSped system. Campuses should not maintain paper folders. If campuses have paper folders of special education records, they should contact the Special Education Department for proper disposal. These records cannot be shredded on campus.  

Constitutional Law: https://statutes.capitol.texas.gov/

Special Education

Legal requirements are to keep special education student records private.

Special Education Records are all electronic. Campuses should not store hard copy records. If they do, the special education department should be contacted for proper disposal. These records should not be shredded on campus.

(Northside Independent School District Department of Guidance and Counseling, 2020).

Keeping student records private is important because the breach of those records could hinder the student’s growth and mental health. 

Northside ISD (2020). Northside independent School district department of guidance and counseling: An information guide for counselors and administrators.

file:///C:/Users/terri/Downloads/1.%20(Yellow%20Book)%20An%20Information%20Guide%20for%20Counselors%20&%20Adminstrators%20(Revised%202020)%20(1).pdf

See attached handbook

This is important because you want to prevent additional breaches and to ensure that the breach is appropriately addressed. 

See attached handbook

ACA Professional code of ethics: B.3. Information Shared With Others B.3.a. School counselors  make every effort to ensure that privacy and confidentiality of students are maintained by the individuals directly working with the student (ACA, 2014).

Application of the Ethical Decision Making Model by the school counselor

1.Identify breach of confidentiality.  

2. Apply the Ethical Decision Making Model by ACA.  

3. Determine the severity of the breach.  

4. Generate potential steps to address the concern.  

5. Consider the consequences of each step and determine      the best course of action.  

6. Assess the effectiveness of the solution.  

7. Follow through on the resolution.

American Counseling Association, (2014), Code of Ethics Preamble, American Counseling Association. https://www.counseling.org/resources/aca-code-of-ethics.pdf

As a professional, my understanding of the laws will empower me to work with students while keeping information obtained private and confidential.

I will treat students with respect and advocate for their privacy in their social and emotional growth.