Strategy 1: Provide updated training for staff on confidentiality.

Strategy 2: Create clear directions for sharing student information and what information is okay to share.

Strategy 3: Schedule check-ins to review and update policies to comply with changing laws.

Professional Perspective: As an educator in Pasadena, Texas for 6 years, I work with diverse student populations and understand the importance of maintaining confidentiality in educational settings.

Audience: The target audience for this guide is educators, school administrators, and policymakers in Texas.

Topic: This guide will focus on confidentiality in Texas schools and the laws, regulations, and ethical standards that protect student information.

Reason for Choosing Topic: Confidentiality is important to establish trust with students and families, and ensuring their private information is not disclosed. Confidentiality also ensures educators are complying with legal standards.

Ethical Code Item:

• Item: "The counselor maintains confidentiality regarding information received from a student, except when disclosure is required to prevent clear and imminent danger to the student or others."

Citation for the Code of Ethics:

• Source: American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/Standards-Positions/Professional-Standards.

Link to the Code of Ethics:

• https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Connection to Topic:
This ethical code shows the role of the school counselor plays in upholding confidentiality. It shows the importance of protecting student information to build a safe and trusting environment where students can share their thoughts. Maintaining confidentiality is not only a legal obligation but also the educator has an ethical obligation to ensure the well-being of students. The connection to the topic of confidentiality in Texas education emphasizes the need for school counselors to adhere to these standards, as they navigate various legal requirements and ethical dilemmas they may face.

Statute:

• Source of Law: Health Insurance Portability and Accountability Act (HIPAA), 45 U.S.C. § 160-164

• In-Text Citation: Health Insurance Portability and Accountability Act (1996)

• Link to Full Text of Law: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/introduction/index.html#:~:text=The%20Privacy%20Rule%20(45%20CFR,in%20the%20health%20care%20system.

About the Law:

• Privacy Rule: Establishes national standards for protecting the privacy of individuals' health information, including mental health records, which is relevant for school counselors.

• Confidentiality Requirements: Mandates that healthcare providers, including school counselors who provide health services, protect the confidentiality of students' health information.

• Patient Rights: Grants patients, including students, the right to access their health records and request corrections, reinforcing the importance of transparency in counseling.

• Disclosure: Restricts the circumstances under which health information can be disclosed without consent, emphasizing the necessity of obtaining authorization from the student or guardian.

• Training /Compliance: Requires covered entities to train their workforce on HIPAA’s privacy policies and procedures to ensure compliance (Health Insurance Portability and Accountability Act (1996)).

Administrative Law:

• Source of Law: Family Educational Rights and Privacy Act (FERPA), 34 CFR Part 99

• In-Text Citation: Family Educational Rights and Privacy Act (1974)

• Link to Full Text of Law: Family Educational Rights and Privacy Act, 34 CFR Part 99

About the Law:

• Confidentiality of Records: Protects the privacy of student educational records, ensuring that personally identifiable information is kept confidential.

• Parent and Student Rights: Provides parents and eligible students with the right to access educational records and request amendments to them.

• Disclosure : Limits the disclosure of student records without consent, except for specific exceptions outlined in the law, such as school officials with legitimate educational interests.

• Notification Requirement: Requires schools to notify parents and eligible students of their rights under FERPA annually, ensuring awareness of confidentiality rights.

• Compliance: Mandates that educational institutions comply with FERPA regulations, with consequences for violations that may include the loss of federal funding (Family Educational Rights and Privacy Act (1974)).

Train staff on confidentiality laws and best practices

ensure student information is kept in a secure location

ensure a confidentiality policy is implemented that aligns with state and federal laws

perform regular audits of confidentiality standards

have an open door policy for students and parents to address any confidentiality concerns

ensure parents know their rights when it comes to confidentiality

Governing Agency:

• Federal: U.S. Department of Education

• Enforces FERPA (Family Educational Rights and Privacy Act) protects the privacy of student education records.

• State: Texas Education Agency (TEA)

• protects student confidentiality through state laws

• Federal and state agencies work together to ensure schools are keeping student information safe.

My experience as a special education teacher has proved just how important confidentiality is in fostering a safe learning environment for students. Special education teachers are tasked with keeping their caseload confidential to protect the students they service.

Feelings About Connections:

• Understanding the laws surrounding confidentiality has helped me see the importance of confidentiality.

• I am still committed to upholding the ethical standards in education.

• This information has influenced my school counselor goals, as I aim to provide a supportive and trustful environment.

Source of Law: Pasadena Independent School District (Pasadena ISD) Business Office Confidentiality Agreement

Link to Full Text of Law: Pasadena ISD Business Office Confidentiality Agreement