Legal and Ethical Guide by Jennifer Walzel https://padlet.com/jblackstock1/drerpvrt6a9au4gb Jennifer Walzel March 6,2023 Legal and Ethical Principles B Dr. Brook Dickison en-us 2023-03-06 00:24:55 UTC 2023-03-07 04:49:54 UTC hello@padlet.com Slide #1 Professional Perspective/Audience/Topic jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506045013
  • The primary ethical and legal obligation is to the student
  • Must balance with the  parent’s and guardians' rights 
  • Exceptions exist, and students should be informed when those situations arise
  • Fosters an atmosphere of trust and confidence between counselor and student
    • (Lyer & MacGregor, 2022)


    PROFESSIONAL PERSPECTIVE
    Confidentiality is the cornerstone of a professional school counseling program.  A student must feel respected and comfortable sharing with the school counselor.  Knowing the balance between your responsibility to your student’s trust and their parent and guardian’s right can sometimes be very difficult to navigate. 

    AUDIENCE
    All employees of school districts, especially professional school counselors.
    ]]>     2023-03-07 01:25:10 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506045013     Slide #2 Governing Agency jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506067952 The American School Counselors Association (ASCA) is the professional organization setting the standards for school counselors in America. The Texas Education Agency is governing agency of Texas School Counselors. 

    (ASCA, 2022; Texas Education Agency [TEA], 2022)

    ]]>     2023-03-07 01:42:41 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506067952     Slide #3 Federal and State Constitutional Laws jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506100624 🇺🇸 FEDERAL
    •  The US Constitution does not explicitly mention confidentiality or a right to privacy.  
    • Several amendments do address zones of privacy.  
    • Section 1.6 of the 14th amendment, the privacy right protected by the Constitution, encompasses a right to informational privacy or confidentiality. 
    • Protects the individual interest in avoiding disclosure of personal matters.
    • The right does not prevent the government from asking reasonable questions in light of its interest as an employer.
    • Questions remain concerning whether and to what extent a right to informational privacy or confidentiality exists.
                                           (U.S. Const. amend. XIV, § 1.6.3.3)

    Link to the full text of Section 1.6 of the 14th Amendment

    The Texas Constitution 
    • Section 9 of article I, provides Texans with the right to be secure in their persons, houses, papers, and possessions.  
    • It also provides for search and seizures with probable cause, supported by oath or affirmation. 
                                                               (Tex. Const. art I, § 9)

    Link to the full text of Article 1 of the Texas Constitution
    ]]>     2023-03-07 02:09:29 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506100624     Slide #4 Statute and Administrative Law jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506157267
    Family Educational Rights and Privacy Act     (FERPA) 
    • Federal law that protects the privacy of student education records. 
    • Parents are given certain rights to their student's educational records
    •  Written permission must be given for that information to be shared except for a few instances listed in the law.                                   (20 U.S.C. § 1232g; 34 CFR Part 99)
    Link to the full text of FERPA

    The Texas Administrative Code 
    • Conveys the ethical standards for  educators, including school counselors
    • Confidential information concerning students can not be revealed unless disclosure serves lawful professional purposes or is required by law.
                                                         (19 Tex. Admin. Code §247.2)

    Link to the full text of Ch. 19 of Tex. Admin. Code

    🚩 Failure to uphold either of these laws could result in disciplinary action from your administrator or even a lawsuit brought by the parents against you and your school district. 

    ]]>     2023-03-07 02:57:12 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506157267     Slide #5 Common or Case Law jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506171815 Eisel v. Board of Education, 324 Md. 376, 377 (Md. 1991)

    • The school counselor learned of the student's suicidal intent from another student.  
    • The school counselor did not inform the parents.
    • The student's father brought a wrongful death suit against the school and the school counselor for not informing them of her intent.
    • The lower courts ruled that the school and school counselor were not liable as they had no duty to intervene.  
    • Higher courts overruled, stating that the daughter’s intentions were foreseeable and the parents should have been informed. 
    • This case established the duty for school counselors to notify parents of a student's intent or potential of intent for suicide. 
    (Eisel v. Board of Education of Montgomery County, 1991)

    Link to full text of Eisel v. Board of Educ. of Montgomery Co.
    ]]>     2023-03-07 03:08:58 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506171815     Slide #6 Regulations and Mandates jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506200061 The Texas Education Agency 
    • Sets the standards of a Texas Professional School Counselor 
    • Adhere to best practices connected to ethical and legal considerations 
    • Appropriate use of 
      • Technology
      • Email
      • Documentation
      • Record keeping 
      • Privileged communication
      • Informed consent process. 
                                            (19 Tex. Admin. Code §239.15.f.11)

    Link to the full text of chapter 19 of the Texas Administrative Code

    ]]>     2023-03-07 03:33:15 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506200061     Slide #7 Local Policy jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506211552 Bangs ISD 
    • Has local policies that provide the procedures to follow 
    • Policies located online through the school website 
    • Provide notice of a student identified as, at risk of attempting suicide to a parent or guardian.  
    • Notification must be made within a reasonable amount of time, after identifying the early warning signs.
                                                                 (Bangs ISD, FFEB, 2022)

    Link to full text of Bangs ISD FFEB Policy
    ]]>     2023-03-07 03:44:53 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506211552     Slide #8 Risk Management jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506218529
  • Train all employees on district confidentiality practices.
  • Store student paper records in a locked locate.
  • Only share personal records within your organization.
  • On the initial visit with students, explain and get implied consent and discuss times when confidentiality would have to be broken.
  • Report any instances of student information sharing that is not an educational need to the administration.
    •                                                     (Lyer & MacGregor, 2022)
    ⭐️ Any time student information is shared without proper consent or permission, or confidentiality is broken, there could be reprimands from local administration and even legal repercussions where the district and the individual could be sued.  

    ]]>     2023-03-07 03:51:50 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506218529     Slide #9 Ethical Principal jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506231597 Code of Ethics
    • Create a safe environment for ALL students
    • Promote privacy and confidentiality for all 
    • Do not discriminate 
    • Provide access to professional school counseling programs for all students
    • Provide support
    • Help implement career plans
    • Aid in student development
    • Advocate for students

    A school counselor's first priority is to their students. Treating each and every one of them with dignity and respect.  School counselors assist students in meeting their academic, career and social, and emotional development needs.              
                                                                         (ASCA, 2022)

    Link to full text of the ASCA code of ethics for school counselors

    ]]>     2023-03-07 04:05:25 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506231597     Slide #10 Personal Connection jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506247949 Connection to Legal and Ethical standards
    I have learned that confidentiality has implementations throughout the school. A student's confidentially and privacy is an issue way outside of discussions that take place inside my office.  I have been amazed at all of the areas in the working of a school that confidentially needs to be considered when looking at procedures and practices.

    Feelings and Educational Goals
    School counseling is very much a two-prong job where you are constantly there to support students in their needs but also help guide them in their career development and life decisions.  There is so much that students confide in you that you must keep to yourself even if you would rather share the burden with someone else. No two days are the same but there is always something I feel inadequately prepared for.  ]]>     2023-03-07 04:23:08 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506247949     Slide #11 Best Practices jblackstock1 https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506275788
  • Immediately notify administrators of any breaches in confidentiality
  • Apply ASCA ethical standards continuously
  • Apply local school policies and procedures at all times
  • Provide student's highly sensitive information when needed via phone call or face-to-face rather than through email
  •  Keep educational records in a locked room out of normal foot traffic.  
  • Store session notes and memory aides away from educational records



    • ]]>     2023-03-07 04:49:54 UTC https://padlet.com/jblackstock1/drerpvrt6a9au4gb/wish/2506275788