Professional school counseling is in the field of education. School counselors play an important role in maintaining confidentiality while also juggling the needs of students, staff, parents, and stakeholders, along with laws and policies. Counselors may find themselves in tough situations when they are faced with having to try and maintain trust and confidentiality but also following legal guidelines and instances of mandatory reporting.

The main audience for this guide would be students, staff, and parents.

I chose this topic to research because this is the core of a school counselors job, and I need to know this information inside and out to make sure that I am following all laws so all are protected. Also, I live in a very small community and knowing everyone adds another level of complexity that I need to be prepared for.

For Texas, the Texas Education Agency (TEA) oversees the education system in Texas, including school counseling services. This includes ensuring federal law is being followed, policy guidance, and school counselor certification. They are also accountable for oversight of district operations and issues administrative rules. At the state level, there is also the State Board for Educator Certification (SBEC). This organization is accountable for counselor preparation programs, monitors counselor practices, and determines certification.

United States Constitution - 14th Amendment

https://constitution.congress.gov/constitution/amendment-14/

(U.S. Const. 14 § 1.)

• Protects individual privacy rights

• Basis of all privacy law regarding citizens.

Family Educational Rights and Privacy Act (FERPA) - 20 U.S.C. § 1232g

https://www.cdc.gov/phlp/php/resources/family-educational-rights-and-privacy-act-ferpa.html

(FERPA, 20 U.S.C. § 1232g, 1974)

• Protects student privacy

Individuals with Disabilities Education Act (IDEA) -

https://www.ed.gov/laws-and-policy/individuals-disabilities/idea

(IDEA, 20 U.S.C. § 1400 et seq,. 2004)

• Protects student privacy for students with disabilities

• Parents are informed of confidentiality rights

An example of the source of law on the state level follows:

Texas Constitution - Article 1, Section 9

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

• This article in the constitution maintains the right to student confidentiality.

Texas Education Code § 26.004

https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm

(TEC, 2017)

• Grants parents and students over 18 access to their education records

• Limits others access unless granted by parents

Texas Administrative Code - 19 TAC § 239.15

https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/ch239a.pdf

(TEA, 2024)

• Outlines school counselors code of confidentiality and disclosure

Texas Public Information Act - Texas Government Code § 552

https://statutes.capitol.texas.gov/docs/GV/htm/GV.552.htm

(TEC, 2017)

• Protects student information from public disclosure

https://scocal.stanford.edu/opinion/tarasoff-v-regents-university-california-30278

(Tarasoff v. Regents of the Univ. of Cal., 1976)

• This case set the precedence for counselor reporting when a student poses a serious threat.

• This case influenced laws across the nation regarding counselor reporting and confidentiality.

https://www.cdc.gov/phlp/php/resources/family-educational-rights-and-privacy-act-ferpa.html

• FERPA allows parents the right to access student records

• Requires permission to disclose certain personal information

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=139&code=FFG#localTabContent

"Any district employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglected abuse or neglect." (Jourdanton ISD, FFG Local, 2025)

• This is an example of when confidentiality may have to be broken due to the legal obligation of the counselor to report harm.

• Provide informed consent at the start of counseling and clearly explain what the limits of confidentiality is. ASCA Ethical Standards A.2.b (American School Counselor Association, 2022)

  https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

  
  

• Document all counseling sessions and keep detailed dated notes so in the event confidentiality must be broken, there is protection. (American Counseling Association, 2014)

  https://www.counseling.org/docs/default-source/default-document-library/ethics/2014-aca-code-of-ethics.pdf?sfvrsn=55ab73d0_1

  
  

• Develop clear district policies that align with federal government regulations (FERPA) . I looked at our local school board to find an example of confidentiality and this particular example has to do with confidentiality in "Student Welfare: Freedom from Discrimination, Harassment, and Retaliation - FFH" (TASB, 2025)

  https://pol.tasb.org/PolicyOnline/PolicyDetails?key=139&code=FFH#localTabContent

According to the ASCA Ethical Standards for School Counselors, section A.2.f states that information should be kept confidential unless there is a chance for harm to student or someone else. (American School Counselor Association, 2022)

While this may not be the case everywhere, in small schools there may not be very many counselors available. The main dilemma counselors face is honoring student trust while fulfilling legal duties. This also relates back to my biggest concern of dual relationships, since I know so many people outside of school.