• The 14th Amendment of the United States Constitution protects the right to public education. It does this by guaranteeing all citizens equal protection under the law. This means that students are protected within public education due to the governing laws and codes, including FERPA.

United States Constitution,  amend. XIV, § 1.

• The Texas Constitution states that everyone is secure in their privacy, including papers (written documentation). This protects students in Texas from confidential information they have written or their parents have shared from being distributed or discussed by those who do not have the right to do so.

• A mother sued her children's school district due to their peer-grading policies. Students would trade papers with a partner, and grade each other's assignments.
• The mother argued that having the student report the grade of the paper they graded to the teacher in front of the class is a violation of student privacy. The entire class would then know student scores, which is a violation of FERPA.

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002).

• Hall, a regent at The University of Texas, sued William McRaven, the university's Chancellor due to his refusal to grant Hall complete access to records with student admission information.
• This case examined if a university regent actually had the right to access this information. The court ruled that McRaven was acting correctly in protecting student information considering the Family Educational Rights and Privacy Act.

• The Protection of Pupil Rights Amendment (PPRA) requires that parents receive a notice and an opportunity to consent, receive notice, and opt students out of surveys that ask for protected information.
• The PPRA also requires that parents receive the opportunity to opt their students out of the collection, disclosure, or use of personal information for the purpose of marketing or sale.

• The Texas Administrative code gives the guidelines of the standards needed to obtain a school counseling certificate.
• This code states that school counselors must know the legal standards of a school counseling program, and they must make a commitment to applying those legal standards. 
• An important legal standard of school counseling is privacy and disclosing student information. Being aware of what is legally acceptable to share and what isn't is an important part of legality in school counseling.

• The Family and Educational Rights Privacy Act is a federal law that protects student privacy records. 
• Parents and eligible students have a right to request their student records and dispute any information they believe is inaccurate.
• FERPA outlines what information school districts can share, and what they cannot share about students.

The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99.

• Texas school districts are required to give written explanations of FERPA and release of student information for the directory of a school.
• Parents have the right to object to the release of student directory information.