Audience

• School Counselors

• Primary and Secondary educators and administration

• Parents and Students

• Postsecondary School Officials

• Board members

• District technology staff

• Posting personal information about yourself or others (such as addresses and phone numbers) other than as needed to conduct school operations

CONSEQUENCES FOR INAPPROPRIATE USE One or more of the following consequences may be imposed: 

• Suspension of access to the system.

• Revocation of the computer system account 

• Other action, including disciplinary action, in accordance with Board policy and/or the Student Code of Conduct (as applicable)” (Mercedes Independent School District, 2021)

This district’s policy regarding wrongfully sharing personal information such as addresses or phone numbers is outlined in their district technology policy in order to communicate that this is a punishable action.

Mercedes Independent School District. (2021). Acceptable Use Policy for Technology (AUP). In Mercedes Independent School District. https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/4007/MISD/3405779/Acceptable_Use_Policy.pdf

In the case of a student expressing suicidal ideations, the duty to warn supersedes confidentiality. A counselor may need to break confidentiality in a situation like this.

"Education records" are records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. These records include but are not limited to grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail. (What Is an Education Record? | Protecting Student Privacy, n.d.)

Under FERPA §99.7

"(a)(1) Each educational agency or institution shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under the Act and this part.

(2) The notice must inform parents or eligible students that they have the right to—

(i) Inspect and review the student's education records;

(ii) Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;

(iii) Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and §99.31 authorize disclosure without consent; and

(iv) File with the Department a complaint under §§99.63 and 99.64 concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and this part.

(3) The notice must include all of the following:

(i) The procedure for exercising the right to inspect and review education records.

(ii) The procedure for requesting amendment of records under §99.20.

(iii) If the educational agency or institution has a policy of disclosing education records under §99.31(a)(1), a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

(b) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights.

(1) An educational agency or institution shall effectively notify parents or eligible students who are disabled.

(2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English."

(FERPA | Protecting Student Privacy, n.d.)

"Work to support student success through collaborations in the following ways: ■ Partner with families, educators, businesses and community organizations focused on topics such as online learning, adaptability and resiliency, and student wellness ■ Serve on school/district committees focused on student and community wellness ■ Present workshops for parents on topics such as how to support learning and how to encourage appropriate student behaviors online or in-person ■ Work with administrators, families and community members to organize immediate and follow-up interventions in response to a crisis" (ASCA National Model, n.d. "Collaboration.")

ASCA National Model. (n.d.). School counseling standards in practice. ASCA National Model, 1–3. https://schoolcounselor.org/getmedia/f2102f85-54ee-4135-a1e4-910187301213/SIP-Back-to-School.pdf

EDUCATION CODE CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES. (n.d.-b). Retrieved May 7, 2025, from https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm

FERPA | Protecting Student Privacy. (n.d.). Retrieved May 5, 2025, from https://studentprivacy.ed.gov/ferpa

Mercedes Independent School District. (2021). Acceptable Use Policy for Technology (AUP). In Mercedes Independent School District. Retrieved May 5, 2025, from https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/4007/MISD/3405779/Acceptable_Use_Policy.pdf

The School Counselor and Confidentiality - American School Counselor Association (ASCA). (2022). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality

What is an education record? | Protecting Student Privacy. (n.d.). Retrieved May 5, 2025, from

https://studentprivacy.ed.gov/faq/what-education-record

United States V. Miami University, 91 F. Supp. 2d 1132 (S.D. Ohio 2000). (n.d.). Justia Law. Retrieved May 6, 2025, from https://law.justia.com/cases/federal/district-courts/FSupp2/91/1132/2510828/

Ultimately the federal court sided with the Department of Education, and concluded that the disciplinary records of students are considered "education records" as defined by FERPA, making them unauthorized to be released without consent of the student.

(United States V. Miami University, 91 F. Supp. 2d 1132 (S.D. Ohio 2000), n.d.)