Legal and Ethical Application by

Confidentiality in Schools

ymartinez121 — 2023-12-15 03:12:07 UTC

As a school counselor it is important to protect your students confidentiality. This topic is important for teacher, students, parents, and school administrators. I chose this topic as I feel this is an important topic that school counselors must abide by when working with students. School counselors know a lot of private information regarding students such as grades

and social economic status of their students. A school counselor, who it in a counseling relationship with a

student, has an ethical and legal obligation to keep information contained within that relationship (ASCA,

2023).

2. Governing Agency

ymartinez121 — 2023-12-15 03:12:54 UTC

The legal agencies that govern each of the topics I chose are the Texas Education Agency (TEA) and the Texas Education Code.

3. Texas Education Code

ymartinez121 — 2023-12-15 03:15:12 UTC

Texas Education Code - EDUC § 33.006. School Counselors; General Duties. (a) The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal, and social abilities.

4. Statutes and Administrative Law

ymartinez121 — 2023-12-15 03:15:57 UTC

While counselor’s are required to help students meet their educational goals they are also responsible for helping students with their personal lives and social abilities.

5. Planned Parenthood of Cent. Mo. V. Danforth, 428 U.S. 52 (1976).

ymartinez121 — 2023-12-15 03:16:33 UTC

If a student confides in school personnel about pregnancy or birth control issues, case law establishing minors’ reproductive rights probably limits schools’ ability to disclose this information to the student’s parents without his or her consent (n.d.).

6. Family Educational Rights Privacy Act (FERPA)

ymartinez121 — 2023-12-15 03:17:21 UTC

Per FERPA a students personal information must be kept confidential.

7. Local Administrative Law/Policy/Rule:

ymartinez121 — 2023-12-15 03:17:56 UTC

Individuals with Disabilities Education Act (IDEA) and other federal laws protect the confidentiality of your child’s education records (2018).

8. Risk Management Strategies

ymartinez121 — 2023-12-15 03:18:34 UTC

risk management step that can be conducted to ensure confidentiality is to make sure the school district has a local policy regarding student identification is followed. Parents must provide consent to release names, grades, etc. Without receiving consent from a parent/guardian the

school becomes liable for this information being released to the public.

9. Ethical Principle:

ymartinez121 — 2023-12-15 03:19:06 UTC

TITLE 19 EDUCATION

PART 7 STATE BOARD FOR EDUCATOR

CERTIFICATION

CHAPTER 247 EDUCATORS' CODE OF ETHICS

RULE §247.2 Code of Ethics and Standard Practices for Texas

Educators

10. Personal Connection to the Legal and Ethical Standards:

ymartinez121 — 2023-12-15 03:20:05 UTC

After researching confidentiality in schools I realized that it is important to do this as a school counselor. As a school counselor there are many personal and educational information that they are given access to and it is important to make sure this information is kept confidential. My own personal connection is having taught special education classes it is important to keep the students information confidential in the classroom. This should also be done on the administrative level.

11. List of Recommendations / Best Practices for Compliance:

ymartinez121 — 2023-12-15 03:20:38 UTC

Throughout this process I have learned the most regarding

confidentiality. I would like to learn more about how this affects students and their families and how this can be avoided. The biggest takeaway was being able to look up information regarding both of confidentiality and social justice in the school setting.