Legal and Ethical Padlet by Amber Chappelle

Slide 1- Professional Perspective

achappelle — 2023-12-12 14:26:40 UTC

For the four years I have been in the education field as a teacher, I have heard of the issues school counselors have been facing and have even witnessed confidentiality be broken by a school counselor. This is a relevant issue that poses a serious problem to the validity of the school counselor-student relationship. I chose this issue because I know that when I take on the role of a school counselor, it will be an issue that I will have to navigate through daily. I want to be fully aware of the laws and regulations surrounding this topics so that I am prepared for when it may arise. This issue affects several parties such as the student, counselor, parents, and teachers. A breach in confidentiality can have lasting consequences and could lead to the school counselor losing their certification.

Slide 2- Governing Agencies

achappelle — 2023-12-12 14:39:33 UTC

Texas Education Agency- This is the state agency that oversees all primary and secondary education/educators. The commissioner of education leads this agency. This agency provides leadership, guidance and support to all school system. This agency monitors for compliance with federal and state guidelines. (Texas Education Agency, 2007-2023).

The State Board of Educator Certification (SBEC)- This agency was created by the Texas Legislature and is responsible for all aspects of preparation and certification of educators. SBEC allows educators to govern the standards of their profession (Texas Education Agency, 2007-2003).

ASCA- The American School Counselor Association is an organization with approximately 43,000 members. This organization lays the foundation for the ASCA national counseling model and equips counselors with the resources necessary to successfully implement their counseling program.

Slide 3- U.S. and State Constitutional Laws

achappelle — 2023-12-12 14:45:25 UTC

Texas Constitutional Law: Article 1, Section 8, of the Texas Constitution states that every person is at liberty to speak or write freely upon topics of their choice. This law impacts the issue of confidentiality because although it guarantees freedom of speech for both the school counselor and the student, there are other laws enforced that school counselors must follow to ensure what was said between the student and the counselor is kept confidential. https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#:~:text=15%2C%201876.)-,Sec.,speech%20or%20of%20the%20press.

U.S. Constitutional Law: 20 U.S.C § 1232g impacts the issue of confidentiality because it enforces the law of student confidentiality by ensuring that any caseworker who has access to the students file does not share student information unless required by law. If a caseworker were to reveal student information than legal actions may be taken against them. https://www.govinfo.gov/content/pkg/USCODE-2011-title20/pdf/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g.pdf

Slide 4- Statue and Administrative Law

achappelle — 2023-12-12 14:47:28 UTC

Texas Education Code: According to the Texas Education Codes, in each students permanent record should be parent consent of counseling. Parents will be able to preview materials used within counseling lessons(Tex. Educ. Code § 33.004 ). This code impacts the issue of confidentiality because it ensures that the school counselor receives parent consent. When the parent completes the consent form the counselor will go over the rules of confidentiality so that the parent is aware. This code helps the parents to be aware of the limitations of confidentiality. If parent consent is not retrieved and a breach of confidentiality ensues, then the counselor could be at risk of losing certification. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Texas Administrative Law: The Texas Administrative Code for School Counselor Certificates states that school counselors must know and adhere to all legal and ethical standards, practices and issues and value the importance of commitment and implementation of them(Tex. Admin. Code § 239.15b(9)). This implies that school counselors must follow the legal and ethical laws of maintaining student confidentiality. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=239&rl=15

Slide 5- Case Law

achappelle — 2023-12-13 02:57:26 UTC

The court case I chose to discuss that relates to both confidentiality and professional boundaries is Doe v. Unified School District (2003). In this case, the mother of a student claims that the school negligently failed to report allegations of sexual abuse committed against her daughter. She also claims that her daughters privacy was violated when a school board member discussed the allegations with their spouse. The mother stated that the school failed to investigate the report of allegations and that the situation was publicized due to it being discussed between the board member and their spouse.

The court sided with the mother in terms of the school districts negligence to report the sexual abuse, as neither the school counselor or the principal reported it. The court sided with the school district in terms of the daughters information being publicized as it was not publicized to the degree where liability would need to take place.

In this case, the information that was told to the counselor needed to be reported, which is an exception of breaking confidentiality. However, the counselor failed to report the allegations. Moreover, confidentiality was breached when the school district board member found out and relayed the information to their spouse. This impacts the professional relationships legal and ethical responsibilities because the students information was released to someone who had no part in the case and only knew due to a personal relationship. The school counselor is responsible for ensuring professionalism with all relationships and should not reveal information to anyone not apart of the reporting process. https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

Slide 6- Regulation

achappelle — 2023-12-13 03:00:29 UTC

The Texas Administrative Codes Educator Ethics states that the educator shall not reveal personal student information discussed in sessions unless required by law(Tex. Admin. Code § 247.2(3)(A)). The school counselor is responsible for ensuring all information shared during counseling sessions stays between the student and the counselor unless an exception to break confidentiality is needed. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

Slide 7- Local Policy

achappelle — 2023-12-13 03:03:18 UTC

The Texas Education Codes list what the students parents have legal access to including attendance records, test scores, grades, counseling records, and more (Tex. Educ. Code 26.004). This code is crucial to the issue of confidentiality because it displays everything the parents have access to. The school counselor can frequently refer to this list to determine what the parents have access to. This code can also help the parents to understand what they are allowed to access. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

Slide 8- Risk Management

achappelle — 2023-12-13 03:10:08 UTC

The school counselor's role in regard to confidentiality is to protect the students information and keep it contained within the counselor-student relationship (ASCA, 2018). School counselors are legally and ethically obligated to maintain student confidentiality unless there is a danger to the student or others. To ensure confidentiality is maintained, there are risk management steps the counselor can take.

Explain confidentiality and its limitations to the student and parents
Obtain informed consent from students and parents
Advocate for security measures that ensure only certain staff members can access confidential information (ASCA, 2018) https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

Slide 9- Ethical Principle

achappelle — 2023-12-13 03:13:48 UTC

All school counselors in America must follow the ASCA ethical standards for school counselors. The ethical standards set are the responsibility of the school counselor and play a major role in daily interactions with parents, teachers, and students. The ethical standards cover the counselors responsibilities to the students, parents, the school, and themselves.

A specific ethical standard that affects the topic of confidentiality is standard A.2.f- student information must be kept confidential unless legal requirements demand it or there is foreseeable harm to the student/others (ASCA, 2022).

If the school counselor shares student information without legal requirements demanding it or foreseeable harm to the student, then the counselor is violating standard A.2.f and corrective action may be taken.

School counselors are legally and ethically bound to these standards and it is imperative that they are well known and strictly followed to achieve success. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Slide 10- Personal Connection

achappelle — 2023-12-13 03:25:30 UTC

When I began the Professional School Counseling program at Angelo State University, I had a vague understanding that school counselors were required to keep student information confidential. However, I did not know the complexity of the laws surrounding that rule. Through this assignment, I have learned that there are several complex laws to student confidentiality and it is crucial that I understand how each law applies to the role of a school counselor. Researching the different laws the encompass the term "confidentiality" for counselors has enabled me to discern the relevance of each law and how it pertains specifically to school counselors. I now have a firm understanding of confidentiality for school counselors and understand the exceptions to breaking confidentiality.

Slide 11- Best Practices for Compliance

achappelle — 2023-12-13 03:43:55 UTC

Know the governing agencies of the profession and research their rules/regulations/policies.
Study federal and state laws, statutes and regulations such as the Texas Education Codes and Texas Administrative Codes.
Study the local school district policies/regulations
Study the ASCA school counselor ethical standards as well as the SBEC educators ethical standards
Have risk-management policies set into place to prevent violations of laws/policies
Understand the circumstances that call for confidentiality to be broken and the process to follow

References

achappelle — 2023-12-13 03:46:35 UTC

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

American School Counselor Association. (2018). The school counselor and confidentiality. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

Doe V. Unified School District, 255F. Supp. 2d 1239 (D. Kan. 2003) https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

Texas Education Agency. (2007-2023). State board for educator certification. https://tea.texas.gov/about-tea/leadership/state-board-for-educator-certification

Texas Education Agency. (2007-2023). Welcome and overview. https://tea.texas.gov/about-tea/welcome-and-overview

Tex. Const. Art. 1, § 8.

2 Tex. Educ. Code § 33.006 (2023).

2 Tex. Educ. Code § 26.004 (2019).

19 Tex. Admin. Code § 239.15b(9) (2017).

19 Tex. Admin. Code § 247.2(3)(A)(2018).

20 U.S.C § 1232g.