Federal and state agencies guide how and when confidentiality can be broken.

FERPA allows disclosure without consent during health/safety emergencies.

TEA policies reinforce the counselor’s duty to act on threats of harm.

TEA publishes model guidance curriculum and compliance frameworks for school counselors to support both ethical practice and parental engagement.

FERPA protects the privacy of student educational records. It requires schools to have written consent from parents or students (18 years and older) to release student records with the exceptions for school counselors or when there is a potential threat to safety.

U.S. Const. amend. XIV. https://constitution.congress.gov/constitution/amendment-14/

Texas Constitution. (1876). Art. I, § 19. https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Texas Administrative Code, Title 19, Part 1, Chapter 33, Rule §33.5. (2025).

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Stone, C. (2013). School counseling principles: Ethics and law (3rd ed.). American School Counselor Association.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/Standards-Positions/Ethical-Standards

U.S. Department of Education. (n.d.). FERPA general guidance for parents. https://studentprivacy.ed.gov/

Stone, C. (2013). School counseling principles: Ethics and law (3rd ed.). American School Counselor Association.

Use a formal risk assessment protocol such as the Columbia-Suicide Severity Rating Scale (C-SSRS) to determine threat level (Stone, 2013). This ensures that the school counselor is utilizing validated, evidence-based process to assess risk, which strengthens both legal defense and ethical care.

Document all decisions, consultations, and actions taken, including dates, times, and parties involved (ASCA, 2022). Having proper documentation protects the school counselor legally and provides a record for follow-ups.

Consult with supervisors and administrators when making high-stakes decisions to ensure legal backing and ethical integrity (Stone, 2013). Collaboration with school personnel ensures the proper support for decision-making.

Clearly explain limits of confidentiality in the first student session.

Use research-based risk assessment tools to determine the level of threat.

Notify parents/guardians as soon as a threat to self/others is identified.

Consult with school administrators and document all steps.

Refer the student to licensed professionals when needed.

Keep counselor notes separate from educational records.

Familiarize district policy, FERPA, and state law.

Attend annual legal and ethical professional development sessions.

Protect student dignity while fulfilling legal mandates.

Never delay when a student’s safety is at risk.