Confidentiality in School Counseling: Legal & Ethical Guide by Nydia E. Fernandez https://padlet.com/FernaNyd/m4qp15i2kv671x4i en-us 2023-05-11 14:25:49 UTC 2025-10-16 18:57:46 UTC hello@padlet.com ll. Governing Agency FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589259422 At the federal level, the inception of Title IX came about as a law protecting women in sports and the discrimination against women that was passed in 1972.  It was set to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment).  As times have changed, it is now used to protect all students no matter their sex and/or sexual orientation. For counseling or guidance of students, under Title lX, a counselor may not use different materials in testing or guidance and the provided materials should cover the same occupations and interest areas. “Our mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access” (U. S. Department of Education, 1999). Also, the male-to-female ratio must be equal and the counselor has guidelines to abide by such as: to make sure this situation did not result because of sex-based counseling or the use of discriminatory counseling or appraisal methods. Confidentiality is our number one priority, regardless of sexual orientation and the safety of our students is of great interest to the stakeholders so that we can ensure a good state of mind to help in their learning process. 
     In the Texas Education Code Sec. 33.005. A comprehensive school counselor shall “work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association” and “the program design is to include a guidance curriculum to help students develop their full educational potential, including the student's interests and career objectives and a responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk.” 

]]> 2023-05-13 01:48:53 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589259422 l. Professional Perspective/Audience/ Topic FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589259443 As professional school counselors, we are held in high regard to confidentiality and privacy with our students, and a high level of trust is established between us. My professional perspective on privacy and confidentiality is that you never disclose details or information about a client from work with anyone. The audience that is targeted for this topic is staff and teachers on an elementary campus. Teachers and staff need to understand that a visit to the counselor does not entitle them to interrogate the student about what was said or discussed in the counselor’s office. I chose this topic because that is a situation we face at my current school and it needs to be presented to the campus administration and staff so that we are clear on the conduct of educators and the privacy rights of students.  

]]> 2023-05-13 01:48:57 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589259443 lll. Federal and State Constitutional Laws: Confidentiality FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589262333 U.S Constitutional Law - The 4th amendment of the United States Constitution protects individuals from unreasonable searches and seizures (U.S. Const. Amend. IV). 
Texas Law - Article 1 Section 9 of the Texas Constitution also protects individuals from unreasonable searches and seizures (Tex. Const. art. 1 § 9).

These laws protect an individual's private information from being shared without their consent.  Students have this right under these.  Not following these laws can cause legal trouble for the school counselor.  The only exception is when it is disclosed for safety reasons. Today

]]> 2023-05-13 01:57:42 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589262333 X. Personal Connection FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589266357 There are many legal and ethical issues currently influencing professional school counselors. It is the role of the counselor to provide support, listen, and provide a positive environment. The confidentiality ethical standard code of ethics held by counselors states that it is the legal and ethical duty of counselors not to reveal information about their clients to unauthorized individuals. By providing justice, counselors should treat all people fairly and equitably. Legally and ethically, we are bound by statute and by the profession's code of professional conduct not to reveal information about our clients to unauthorized individuals. This exists so people can open up freely if they need help, and professionals can take whatever steps are necessary to protect them. As I begin my journey as a professional school counselor, one of my main goals is to advocate for my student's privacy, beginning with my co-workers and teaching them about the rights of the students and the legal ramifications this can cause them as educators.]]> 2023-05-13 02:09:20 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589266357 lV. Administrative Law & Statute FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589270738  Administrative Law: "The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law" is one piece of the Texas Administrative Code (19 Tex. Admin. Code §247.2 (2018)).  Simply stated, educators can't reveal confidential information. Examples are as follows: 1.) Information about students can only be given out in legal circumstances, 2.) Educators cannot share information with other educators, and 3.) Information can only be shared if there are signs of or if there is harm in any way.

Statute: The Texas Education Code requires that schools obtain written consent from parents or guardians to be involved in programs within the school (TEX. EDUC. CODE § 33.004). There are steps to follow to obtain information such as 1.) Parents must provide written consent at the beginning of the school year or before any program begins with their children, 2.) Many school districts require parents to provide consent at the beginning of the school year enrollment paperwork, 3.) The consent includes school counseling programs with will let counselors meet with students-who will share their personal information during the sessions.


]]> 2023-05-13 02:22:14 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589270738 V. Common Law/ Case Law FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589272222 “There is an emerging recognition of privacy rights against unwanted disclosure of sexual orientation, especially in school settings”(Wyatt v. Fletcher, 718 F.3d 496 (5th Cir. 2013) (denying a motion for summary judgment when coaches had revealed a player’s sexual orientation to her mother). This case is helping the student beyond the counselor/student relationship, where we know things are to remain confidential. Counselors and administrators need to advocate for student rights and make sure the entire staff adheres to the confidentiality rights that a student has. Coming from a coaching background, students trust us and as long as the student is not in danger, if the situation is not severe enough, we should keep to our word. 




]]> 2023-05-13 02:27:09 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589272222 Vl. Federal Regulation/Mandate FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589273411 Under FERPA, “Confidentiality of student information protects embarrassing personal information from disclosure. This is particularly true where the wrongful release of information about children and families might also lead to discrimination or cause prejudicial treatment.” This is true in my topic of confidentiality in regard to students wanting to talk about sexual preference at a young age. Confidentiality is so important in counseling. It is a very respected code of ethics. We as counselors, “need to understand that for people to feel comfortable talking about private and revealing information, they need a safe place to talk about anything they'd like, without fear of that information leaving the room” (FERPA, 20 U.S.C. § 1232g; 34 CFR Part 99). ]]> 2023-05-13 02:30:20 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589273411 Vll. Local Administrative Policy SFDRCISC FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589274832 We have a policy that specifically aims at gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct adversely affects the student’s educational opportunities. With the change in times, this policy was added june 29, 2022. It is here to protect all our students especially those that are being harassed and bullied due to the way they identify themselves. It is impacting my topic because more and more are the students looking for acceptance and trust. The role of the counselor is becoming more and more important and it is up to everyone to make sure our students know they can trust us by us keeping them safe and the conversations confidential. The following deals with personal counseling policy for the school counselor in the San Felipe Del Rio CISD. “The school counselor is available to assist students with a wide range of personal concerns, including areas such as social, family, emotional or mental health issues, or substance abuse. A student who wishes to meet with the counselor should contact the counselor at their home campus” (SFDRCISD, 2022, pg. 26). As a parent, if they are concerned about their child’s mental or emotional health, they are asked to speak with the school counselor for a list of resources that may be of assistance to them and the student. It impacts my topic because counselors are readily available for the needs of the student ]]> 2023-05-13 02:34:48 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589274832 Vlll. Three Risk Management Strategies FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589275878 *Risk management is a clinical excellence assurance process to identify, assess, and prioritize the client's mental health risks such as bullying, sexual assault, gender identity, sexual preference, etc. 

1.) Whenever counselors are asked to disclose sensitive information and are unsure how to proceed, they should first consult the ethical codes, follow a sound ethical decision-making model and seek consultation regarding a course of action. 
2.) They should try to educate the person asking to disseminate information about a student about the negative consequences that might result from a breach of confidentiality, including possible irreparable damage to the counseling relationship. 
3.) If there is no choice, the counselor should limit the information shared and try to let the student know beforehand what the counselor is going to say. 

*That is why it is important for the counselor to always explain the limits of confidentiality to students — always, both early and frequently in the counseling process — to increase the likelihood of keeping the counseling relationship together. ]]> 2023-05-13 02:38:01 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589275878 lX: Ethical Principle FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589276422 The confidentiality ethical standard code of ethics held by counselors states that it is the legal and ethical duty of counselors not to reveal information about their clients to unauthorized individuals. By providing justice, counselors should treat all people fairly and equitably. Legally and ethically, they are bound by statute and by the profession's code of professional conduct not to reveal information about their clients to unauthorized individuals. This exists so people can open up freely if they need help, and professionals can take whatever steps are necessary to protect them. ]]> 2023-05-13 02:39:25 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589276422 Xl. Recommendations for Compliance FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589280246
  • School counselors must keep student information private.
  • School districts must outline expectations for confidentiality. 
  • School districts must provide training on confidentiality practices to all employees.
  • Educators must refrain from discussing student's/staff's private information.
  • Documents must be secured and kept under lock and key at all times. 
  • School counselors must tell students that anything they share is confidential, except in situations where harm is occurring. 


    • ]]>     2023-05-13 02:49:07 UTC https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589280246     References FernaNyd https://padlet.com/FernaNyd/m4qp15i2kv671x4i/wish/2589286238
    • American Counseling Association. (2005). ACA Code of Ethics. Alexandria, VA: Author. Retrieved from http://www.txca.org/Images/tca/Documents/ ACA%20Code%20of%20Ethics.pdf 
    • American School Counselor Association, (2023). ASCA Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities 
    • Goldberg, S. (2021). Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 
    • Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)  
    • SFDRCISD Student handbook (7-25-2022). Page 26 https://www.sfdr-cisd.org/media/ekbeinpz/2022-23-student-handbook_adopted_7-25-22.pdf 
    • SFDRCISD TASB local STUDENT WELFARE FFH FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL-A)Gender-based Harassment. https://www.sfdr-cisd.org/media/3xkfdvz5/second-reading-update-119-sept-2022.pdf
    • Texas Association of School Boards (2023). Legal issues related to transgender students. Legal.tasb.org https://www.tasb.org/services/legal-services/tasb-school-law-esource.aspx 
    • Texas Constitution Article 1, section 9. Searches and seizures. 
    • TEA. (2023). EDUCATION CODE CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES. Texas Constitution and Statutes. 
    • United States Constitution Amendment 4. Searches and seizures. 
    •  U.S Department of Education (2021). Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html 
    • U.S. Department of Education. (2022, November 1). Protecting student privacy: U.S. department of education. Protecting Student Privacy | U.S. Department of Education. Retrieved March 6, 2023, from https://studentprivacy.ed.gov/#:~:text=We%20administer%20and%20enforce%20student,districts%20safeguard%20information%20about%20students. 
    • U.S. Department of Education (2021). Supporting Child and Student Social, Emotional, Behavioral, and Mental Health Needs 
    • U.S. Department of Education, Office of Special Education and Rehabilitative Services, Supporting Child and Student Social, Emotional, Behavioral, and Mental Health Needs, Washington, DC, 2021 https://www2.ed.gov/documents/students/supporting-child-student-social-emotional-behavioral-mental-health.pdf 
    • When Can Client Confidentiality be Broken? https://theranest.com/blog/breaking-client-confidentiality/ (1/15/2012) TheraNest 
    • 19 Tex. Admin. Code §247.2 (2018) 



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