https://padlet.com/scline21/gh026tiyn40add1x Made with fortitude en-us 2021-09-16 21:00:38 UTC 2025-12-09 15:48:08 UTC hello@padlet.com scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1751032644 My professional perspective is from the perspective of an elementary school counselor. My audience is the staff, parents, and community of Freedom Elementary. The topic discussed will be confidentiality. Confidentiality is an important issue to understand as counselors need to keep confidentiality with the students they work with. I chose this topic as there is a limit to confidentiality and a code of ethics we follow. This is what will be discussed today on this guide.

Slide 1]]> 2021-09-19 01:25:25 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1751032644 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1751089420 I interviewed an elementary school counselor on my campus. This is an important topic to address because counselors build their relationships with their students based on a trust through confidentiality. Counselors provide privacy when discussing personal issues the student may be having but there is a limit to the confidentiality. Counselors will only "disclose information with appropriate consent or with sound legal or ethical justification" (ACA, p. 7).
Best Practices:
* Upholding appropriate boundaries
* Maintaining confidentiality
* Building trust through relationship between counselor/student
*"Communicate parameters of confidentiality in a culturally competent manner" (ACA, p. 6).
An emerging issue is the parameters of confidentiality. While building trust is important, there is a limit to how much information can be kept confidential. The counselor "is expected to rely on their expertise in determining what information should be shared with the counselee's parents" (McCarthy & Sorenson, p.160). Since trust and privacy are an important part of the counseling relationship, there needs to be a good understanding of the limitations and who needs to be notified if the information shared can cause harm to the student or others.
Interview:
Penny Lowe, Elementary School Counselor, Freedom Elementary

I asked about the legal impact of confidentiality in her work. She said that confidentiality is a huge part of her job. "Everything a child tells me is confidential except if he/she says that someone is hurting them, or they are hurting themselves or wanting to hurt someone else." Next I asked about the legal requirements or compliance issues she regularly has to monitor in this area. She said "that there are lots of divorce paperwork or legal forms that we have to look at…some restraining orders and custody battles. We have to be careful not to get in the middle or share info from one parent to the other." She said that there not any policies or rules she has had to currently write or revise related to this issue. There is also not current or pending legislation related to this issue that she knows of. Do court cases and their decisions impact your work? "Yes when it impacts the students well being."  Are there certain student or employee rights that relate to this issue? "Employees have rights to withhold information regarding a student to family members that don’t have educational rights to the student. Parents of the child are the only ones who have rights unless they give someone else those rights. (Ex: grandparents)." I asked if she could share a situation related to this issue and how she resolved it.  "A grandmother was involved with a student more than the mom (bringing to school, picking student up, asking for help with child) but didn’t have educational rights so I couldn’t share with her that he was struggling emotionally, academically and socially. We had to contact the mom to encourage her to sign a form to give her mother access to her sons educational needs." Finally, I asked her how she stays current on this topic. She said she attends professional development and trainings.

Slide 2

]]> 2021-09-19 02:57:29 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1751089420 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1751117924 I found an article from a magazine on this website called Protecting Pupil Rights. It discusses the Protection of Pupil Rights amendment of 1978 that is also known as the parental consent amendment. It states "If a school district wants to require students to reveal personal information about themselves or their family, the school must first obtain written parental consent" (Stone, 2021). Of course PPRA does give the exception to this if the students is known to have suicidal thoughts. There is always an exception when health and safety are involved.

Stone, C. (2021, March 1). Protecting pupil rights. ASCA School Counselor. Retrieved from https://www.schoolcounselor.org/Magazines/March-April-2021/Protecting-Pupil-Rights. 

Slide 3]]> 2021-09-19 03:36:49 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1751117924 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1751152339 This article discusses the trends in privacy when related to our children. Privacy of students grades, test scores, health evaluations, and disciplinary actions also need to remain private and confidential. Technology needs to have protections in place so that private information is not accidentally shared. Breaches like this don't protect our students and need to be addressed. This trend follows the desire to protect the relationship and the trust we have with our students by protecting their personal information.

Student data privacy- resources to find the balance. (2016). Education Dive. Retrieved September 18, 2021, from https://www.k12dive.com/spons/student-data-privacy-resources-to-find-the-balance/417047/. 

Slide 5]]> 2021-09-19 04:21:26 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1751152339 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752228992 This article discusses the trends in privacy when it comes to personalized plans for students. The plans look at academic success, health, and the overall well-being of students and how services and support programs will be provided to students. Once these plans are made for students, there is a concern about privacy and who could be obtaining this confidential information. They state the importance of "clear protocols for who can access the plans and attention to the security and confidentiality of student data" (Jacobson, 2019). The article discusses how privacy and confidentiality are also an important component when keeping data online.

Jacobson, L. (2019). Personalized plans highlighted as comprehensive way to view student success. Education Dive. Retrieved from https://www.k12dive.com/news/personalized-plans-highlighted-as-comprehensive-way-to-view-student-success/551859/. 

Slide 4


]]> 2021-09-19 18:56:07 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752228992 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752263164 * Protects privacy of student education records.
* Law applies to schools that receive funds under the U.S. Department of Education.
* FERPA gives rights to parents with respect to their children's education records.
* The transfer of these rights to the student occurs when the student turns 18 or attends school beyond the high school level.

Slide 6

]]> 2021-09-19 19:25:08 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752263164 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752295781 * A parent is entitled to access to “all written records of a school district concerning the parent’s child” including counseling and psychological records”. 
* Parents are considered “partners” in their child’s education. * Parents may give consent for the counselor to share information about a student to other member on the staff. An exception to this is if a governmental agency required it by law. 
* The Texas Health and Safety Code states that “confidentially doesn’t extend to disclosure of information if there is an imminent threat of physical injury by the patient or to the patient” (Health and Safety Code § 6.11.004 (b)).

Slide 7

]]> 2021-09-19 19:52:49 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752295781 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752325954 * Counselors respect the privacy of students.
* Counselors protect the confidential information of students.
* Counselors only disclose information with appropriate consent.
* Counselors inform students of limitations of confidentiality.

Slide 8

]]> 2021-09-19 20:19:21 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752325954 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752372945 *Personal information is subject to confidentiality.
*Applies to materials/information that are in the system.
*Applies to disclosure of private information at state or federal levels.

Slide 9]]> 2021-09-19 21:00:55 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752372945 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752399384
American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/knowledge-center

American School Counselor Association. (2019). ASCA school counselor professional standards and competencies. https://www.schoolcounselor.org/getmedia/a8d59c2c-51de-4ec3-a565-a3235f3b93c3/SC-Competencies.pdf

Family Educational Right and Privacy Act, 20 U.S.C. § 1232g

Jacobson, L. (2019). Personalized plans highlighted as comprehensive way to view student success. Education Dive. Retrieved from https://www.k12dive.com/news/personalized-plans-highlighted-as-comprehensive-way-to-view-student-success/551859/.

McCarthy, M. M., & Sorenson, G. P. (1993). School counselors and consultants: Legal duties and liabilities. Journal of Counseling & Development, 72, 159–167.

Rules of Practice, 22. Tex. Admin. Code § 801.48

Student data privacy- resources to find the balance. (2016). Education Dive. Retrieved September 18, 2021, from https://www.k12dive.com/spons/student-data-privacy-resources-to-find-the-balance/417047/.

Stone, C. (2021, March 1). Protecting pupil rights. ASCA School Counselor. Retrieved from https://www.schoolcounselor.org/Magazines/March-April-2021/Protecting-Pupil-Rights. 

Texas Education Code (2 TEC § 26.004)

U.S. Code (12 U.S. Code § 5111)

Slide 14

]]> 2021-09-19 21:24:35 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752399384 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752477772 I chose this rule because local schools and universities follow this code on confidentiality rules for protecting student information. It provides guidance on confidentiality and when releasing information is appropriate.

Slide 10
*]]> 2021-09-19 22:52:30 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752477772 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752496702 The reason confidentiality is so important for us to understand is because it does have limitations. If the student we are working with discloses that they want to do harm to themselves or to others, we need to make a breach of confidentiality since there is a chance of foreseeable harm.

Slide 11]]> 2021-09-19 23:16:25 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752496702 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752503932 Reviewing federal and state laws has allowed me to have a better understanding of confidentiality in the counselor-student relationship. I now have a better understanding of the rights the students and parents have. I've read how there are limitations to confidentiality and now I have a better understanding of when I would need to make a breach in confidentiality. If the student were to want to harm themselves or others, I would need to protect this student and communicate with others (parents/guardians) about the foreseeable harm.

Slide 12]]> 2021-09-19 23:25:37 UTC https://padlet.com/scline21/gh026tiyn40add1x/wish/1752503932 scline21 https://padlet.com/scline21/gh026tiyn40add1x/wish/1752515141 * Communicate the limitations of confidentiality.
* Maintain awareness and sensitivity to cultural meanings of confidentiality.
* Communicate with students when and with whom information may need to be shared.
* Counselors should protect confidential information.
* When confidential information must be shared, limit it to only essential information.
* Counselors must inform parents/guardians about the role of the counselor and the confidential nature of the relationship. 
 (American Counseling Association, 2014)

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