Legal and Ethical Padlet by Karl Elliott https://padlet.com/kelliott52/l78n1mzv8qsqas89 en-us 2023-02-27 15:19:23 UTC 2023-03-05 19:19:21 UTC hello@padlet.com Professional Perspective on Confidentiality in the School Setting kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498558970 In the elementary school setting, the counselor serves the whole school community, including: students, staff, school leadership, parents, and community liaisons. The relationships built between the community and the counselor are vital to the school's success. The counselor must be the person anyone can come to when they are having issues, personal or other. The community member must believe the counselor will be available to listen with an unbiased ear and what they are sharing with them will be in a safe place. I chose the legal issue of confidentiality because many of the relationships and conversations a counselor has will be confidential and if there is not that trust between the counselor and the school community, then the counseling program at that school will fail. This issue is one that school counselors face on a daily basis and some struggle to maintain. In this course, we have seen examples of how this can affect the learning environment. Confidentiality can lead to life changing consequences if not handled correctly. The counselor can be held accountable, and the students they serve will lose trust in them so it will ruin their relationships. When dealing with confidentiality, there should be no grey areas. The counselor should explain the rules of their office on the first visit before any meetings are held, so the students understand that there could possibly be times when the counselor would have to break that level of confidentiality. These rules are put in place to protect both parties involved. ]]> 2023-02-28 20:08:38 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498558970 kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498559823 2023-02-28 20:09:29 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498559823 kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498562501 2023-02-28 20:11:54 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2498562501 Governing Agencies that are in charge of School Counseling Laws kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2499769033 At the Federal level, school counseling laws are governed by the Department of Education.  The Dept. of Education has enacted laws such as the Federal Educational Rights and Privacy Act (FERPA) to help protect the confidentiality rights of all students and their families.  This law also keeps schools and their staff safe from prosecution if they are following the guidelines set out in the details.  According to the Dept. of Education, any school that is receiving government funding is held accountable under this law (Dept. of Education, 2021).  If an organization does not comply with laws established by the Dept. of Education, they could lose all government funding and have a formal complaint filed against them, which could lead to deeper investigations into procedures and protocol, and also the termination of the employees involved in the failure to comply. 

At the state level, school counseling laws are enforced by the Texas Education Agency (TEA).  The TEA enforces statutes and laws established in Texas to help provide leadership, guidance, and support to the school systems.  According to TEA, their works are created by laws created by the Texas Legislature, the U. S. Congress, and policies adopted by the commissioner of education (TEA, 2022).  If a complaint is received by TEA and there is a reason for concern, they will launch an investigation into the accusations.  This could lead to further auditing of the school and district, loss of funding to the district, lowered accountability ratings, and possibly termination of employees found responsible for the actions being investigated (TEA, 2021).

Resources

Texas Education Agency. (2022). About TEA. https://tea.texas.gov/about-tea

Texas Education Agency. (2022). TEA complaints management. https://tea.texas.gov/about-tea/contact-us/complaints/tea-complaints-management

U. S. Department of Education. (2021). Family educational rights and privacy act. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#:~:text=The%20Family%20Educational%20Rights%20and,the%20U.S.%20Department%20of%20Education.


 ]]> 2023-03-01 15:59:38 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2499769033 Federal and State Constitutional Laws that Govern the School Counseling Field kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2501692788 The Family Educational Rights and Privacy Act (FERPA), 20 U.S. Code § 1232g; 34 CFR Part 99, is a U. S. Constitutional Law that helps protect the privacy rights of students and their families in the school setting.  According to the Department of Education, this law applies to all schools that receive government funding (Dept. of Education, 2021).  When dealing with student confidentiality, the counselor must follow the strict guidelines established in the law.

https://www.law.cornell.edu/uscode/text/20/1232g

  • Parents or eligible students have the right to review and inspect the records a school keeps on the student. 
  • Schools should have written permission to release records to certain entities.  There are exceptions to the law such as school officials with a legitimate educational interest, schools where a student is transferring, organizations performing audits on behalf of the school, emergency response situations, and others specified in the law. 
  • Schools must allow parents to opt out of sharing directory information with interested parties. 

The Texas Bill of Rights, Tex. Const. art. 1, § 3a, states that all Texas citizens have the right to be treated equally and not denied services due to their sexuality, age, race, gender, or national origin. Our students are considered citizens and have the same rights that adults do when being served.  The right of confidentiality can fall under this when we talk about everyone in a school setting deserves to be treated equally and have their right to a private conversation with the counselor. 

https://tlc.texas.gov/docs/legref/TxConst.pdf

  • This law is a basis for all educational laws in Texas. Our students and school community members deserve to have a safe place where they know they are being heard and that it will stay safe.
  • Schools are legally bound through Texas Law to treat all students equally.  There must be ways to work with all classes and races of students.  
 
References

Cornell Law School. (2022). 20 U.S. Code § 1232g - Family educational and privacy rights.  https://www.law.cornell.edu/uscode/text/20/1232g

Texas Constitution. Texas Bill of Rights, Tex. Const. art. 1, § 3a. (2022). https://tlc.texas.gov/docs/legref/TxConst.pdf

U. S. Department of Education. (2021). Family Educational Rights and Privacy Act (FERPA).  https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html 
]]> 2023-03-02 20:24:14 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2501692788 Statute and Administrative Law that apply to Confidentiality in Counseling kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503116756 In the Texas Education Code, Tex. Edu. Code § 33.005 (b)(2), states that a counselor is expected to develop a program that has a responsive service that can intervene on behalf of any student whose immediate personal concerns or problems put the student at risk.  For this program to be successful, they must have the trust of their students and community members.  They can earn this by keeping the confidentiality of the issues discussed between the student, their family, and the counselor unless they are required to report to the proper authorities.  

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

  • The counselor is expected to have a welcoming, non-judgmental, and safe environment available to all students and school community members.
  • The purpose behind this statute is to help students learn to be successful in the school setting.  This learning can include academic and social programs taught by the counselor.
  • If a counselor chooses to break confidentiality for any reason other than the safety of the child or the safety of others then they can risk termination, loss of license, an investigation by TEA, and possible loss of funding by the school district. 

The Texas Administrative Code, Tex. Admin. Code § 239.15 (b)(2), states that the counselor should have an understanding of counseling theories and practices.  Without this knowledge, the counselor would not understand the rules of confidentiality and what is expected when working with students and the school community.  

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=239&rl=15

  • Without proper training and knowledge of theories and practice, the counselor would lose the trust of the students and school community.
  • Schools are expected to have a counselor who is well-versed in ethical and legal practices when working with students to keep confidentiality issues from making situations worse.  
  • If a counselor chooses to break confidentiality for any reason other than the safety of the child or the safety of others then they can risk termination, loss of license, an investigation by TEA, and possible loss of funding by the school district. 

References:

Texas Administrative Code. Tex. Admin. Code § 239.15 (b)(2). (2017). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=239&rl=15

Texas Education Code. Tex. Edu. Code § 33.005 (b)(1)(2). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm


]]> 2023-03-03 20:59:38 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503116756 Local Administrative Policy on Confidentiality in School Counseling kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503593068 The Midland ISD handbook, states that all students have access to a counseling program that includes responsive services for any students whose immediate personal concerns or problems put the student's educational, career, persona, and social development at risk (Midland ISD, p. 36, 2022).  This is the minimum expectation for a counseling program within the school district.  There is a district curriculum and guidelines for serving the students of Midland ISD. 

https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20222023%20Midland%20ISD%20Handbook%20English.pdf

  • The counselor must have an understanding of confidentiality when working with the students and the school community to develop a sense of trust with them. 
  • The counselor should establish in the first meeting when the times will be when confidentiality may have to be broken.  
  • Counselors are expected to work with all students and treat them equally in every aspect of the meeting.
  • If a counselor chooses to break confidentiality for any reason other than the safety of the child or the safety of others then they can risk termination, loss of license, an investigation by TEA, and possible loss of funding by the school district. 

References:

Midland Independent School District. (2022). Midland ISD student handbook. https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20222023%20Midland%20ISD%20Handbook%20English.pdf


]]> 2023-03-04 18:26:15 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503593068 Three Risk Management Strategies for Confidentiality in the School Setting kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503613110 According to Curacubby, Risk Management in a school setting can help with keeping students, faculty, and finances safe from harm, while also lowering your financial and legal liability (Curacubby, 2023).  The three strategies that could be used to develop a plan as a counselor and apply to confidentiality in the school setting are: to identify the risk, create a response plan, and .

  • Identify the risk: Curacubby says that at the beginning of the year, the counselor should brainstorm with their team to identify and go over confidentiality expectations, (Curacubby, 2023).  When working with the students and the school community, the school counselor should always explain the expectations of confidentiality to them before beginning any sessions or meetings.  This will keep all parties on the same page regarding the expectations of confidentiality.   
  • Create a response plan: On the Curacubby website, the next step would be to create a plan to implement to lessen the risk involved (Curacubby, 2023).  At the beginning of the school year, the counseling team should have a plan in place to implement if there is a confidentiality breach.  This will help leadership in the school to deal with everyone involved in a way to keep those involved as safe as possible and lessen the impact.
  • Choose a lead for the risk: The next step that could help keep the situation under control according to Curracubby, would be to assign a lead for handling the situation (Curacubby, 2023).  If a breach of confidentiality occurs, there need to be steps taken to keep it from spreading.  There should be roles assigned to help delegate and find the source of the leak and determine what the consequences of the leak should be.  The final lead should be the principal to meet with their supervisors and lay out the appropriate consequences.

References:

Curacubby team. (2023, January, 3). Everything you need to know about risk management in schools.  Curacubby. https://www.curacubby.com/resources/risk-management-in-schools

]]> 2023-03-04 19:23:54 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503613110 Common Law that applies to Confidentiality in the School Counseling Setting kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503689542 In the case of Carey v. Piphus, 435 U.S. 237, (1978) the Supreme Court ruled that school officials can be held financially liable for violating a student's procedural due rights in accordance with the 14th amendment if the students can prove the officials were unjustified in their actions and that they were injured by the process (Rausch, 2022).  With the students we serve today and the society we live in, this case could be used to help the students sue the school district or the person involved if there is a breach of confidentiality and something happens to the student because of the breach.  The level of trust a counselor must have and earn can be ruined forever with just one breach of trust.

https://supreme.justia.com/cases/federal/us/435/247/

  • The purpose of the law is to provide compensation for students who have been injured by being denied their constitutional rights.
  • Mental and emotional distress cannot be presumed but must be proven in order to receive compensation.
  • Compensation must be appropriate for the amount of damage caused to the student.

References:
Carey v. Piphus, 435 U.S. 237, (1978). https://supreme.justia.com/cases/federal/us/435/247/

Rausch, M. Karega (2022, March 14). Carey v. Piphus. Encyclopedia Britannica. https://www.britannica.com/topic/Carey-v-Piphus
]]> 2023-03-05 00:28:33 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503689542 State Mandate for Confidentiality in Counseling kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503694614 Texas Education Agency (TEA) is the governing body over all of the Texas School Systems.  For counselors, the TEA has developed a guidebook for all counselors to follow.  The guidebook is called The Texas Model for Comprehensive School Counseling Programs (TEA, 2018).  The book is the guideline for counselors to follow to establish their programs in the school setting.  The model follows along with Tex. Edu. Code § 33.005 guidelines that a counselor should follow.  According to the TEA, the book is a resource to help students benefit from high-quality and effective school counseling programs (TEA, 2022).

https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf

  • The guide is used to help counselors develop and implement a developmental guidance and counseling program.
  • It is used to help students develop their academic, career, personal, and social skills.  
  • This guide is used across the state of Texas as the minimum expectation for all counselors to follow in the school setting.

References:

Texas Education Agency. (2018). The Texas model for school comprehensive school counseling programs. Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf

Texas Education Agency. (2022). School counseling - FAQs. https://tea.texas.gov/academics/learning-support-and-programs/school-guidance-and-counseling/school-counseling-faqs



]]> 2023-03-05 00:54:06 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2503694614 Ethical Principles Related to Confidentiality in Counseling kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504081989 The American School Counselors Association Code of Ethics,  2022, Section A.2. e-h, discusses the specifics of how to handle the introduction and limits of confidentiality in the school counseling setting (ASCA, 2022).  In the school setting, there will be times when what a student shares will need to be told to a family member or an authority to help with the situation.  This is why as a counselor, you must share with the students when the times are that you must break confidentiality.  In these situations, if the students understand why you must share the information they can be a little more prepared to have a difficult conversation with those involved and know that they have the counselor's support.  They need to understand that everything that is being done is in their best interest and to keep them safe.  If these steps are followed from the beginning, the students will already feel a level of trust and security with the counselor so they will be more willing to cooperate.  If it is sprung on them last minute and was never explained to them, they usually tend to be more combative and refuse to comply because they are scared and confused.  These ethics and laws work together to make sure our students are getting the best school experience possible and when they need a counselor they feel safe and have trust in what they are saying and doing.

References:

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

]]> 2023-03-05 17:53:30 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504081989 Personal Connection to Legal and Ethical Standards for Confidentiality kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504110571 In this course, the legal and ethical standards that were introduced will guide my practices as a future counselor.  Knowing the differences between all the laws and how they will affect the job can help to understand how they shape the landscape of the school environment.  Knowing the basics of school counseling ethics can help in decision-making for working with the students we serve.  

I feel like I better understand why we need to know the federal laws all the way down to local policy because these can all affect how we develop our counseling program and work with the school community. As a counselor, I will try to keep up-to-date on changes to laws that can affect the earning community to better serve my school. I will also keep updated with current court cases that can change the way we work with our students and help to understand the ever-changing landscape of the counseling field.]]> 2023-03-05 18:47:23 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504110571 Recommendations/Best Practices for Confidentiality in Counseling kelliott52 https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504113411
  • When working with students and the school community, always begin with going over what confidentiality is and when it will need to be broken in the counseling setting.
  • Have reminders posted in the classroom/office so students and school community members remember the limitations to confidentiality.
  • Start with developing a sense of trust and empathy with all students so everyone understands that you are there to help and listen to anything they need.  
  • Establish protocol with the school leadership for handling a breach of confidentiality.
  • Know your district's protocols for reporting when a student's confidentiality must be broken and how to handle the situation.  This will help with the student already feeling scared and confused if you already know what to do and are not looking up what to do or say.
  • Become familiar with signs and keywords to listen for when working with students to know when they may be saying more than is coming out of their mouths.
  • Keep calm and listen completely with no distractions when working with a student, so they know that you are truly getting what they are trying to say.
  • Stay current on related topics and court cases to know when there are changes to counseling protocols. The world of counseling is ever-changing because the world we live in is constantly giving our students new issues to deal with. Using any opportunities to learn about these changes will help the school you work for to better serve the school community and their needs.
    • ]]>     2023-03-05 18:52:29 UTC https://padlet.com/kelliott52/l78n1mzv8qsqas89/wish/2504113411