The American School Counselor Association is the national organization for professional school counselors and establishes the Ethical Standards for School Counselors. These ethical standards provide a framework for handling confidentiality, student privacy, student and parent rights, and professional conduct (ASCA, 2022). The U.S. Department of Education enforces federal laws like the Family Educational Rights and Privacy Act (FERPA), which dictates how schools handle and protect student records and the legal foundations for student confidentiality in school counseling. FERPA also establishes clear guidelines on what is considered protected information when sharing personally identifiable information, what information can be released with and without consent, who can access the information, and how the information can be accessed (20 U.S.C. § 1232g).

Link to full text: https://www.govinfo.gov/content/pkg/USCODE-2023-title20/pdf/USCODE-2023-title20-chap31-subchapIII-part4-sec1232g.pdf

Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally identifiable information from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs (20 U.S.C. §1232g).

• Personally identifiable information must be limited to state or local educational authorities or agencies.

• Prior to releasing records to anyone else, the parent or eligible student must give written consent for disclosure.

An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of:

• Types of personally identifiable information that are considered directory information.

• Parents' or students' rights to refuse disclosure.

• The time period during which a parent or student may notify in writing their refusal.

(20 U.S.C. §1232g)

Link to full text:

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=886&code=FL#legalTabContent

A district shall give parents of students in attendance and eligible students in attendance annual notification of their rights under FERPA.

• Explanation of FERPA guidelines regarding directory information.

• Written notice of a right to refuse the release of directory information.

• What is considered directory information that can be released without consent.

• How the parent can submit their written notice of refusal and what the timeline for submission is.

FL(LEGAL)-P Student Records

Link to full text:

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.004

ACCESS TO STUDENT RECORDS. (a) In this section, "intervention strategy" means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies (Tex. Edu. Code §26.004).

• Parents are entitled to access all written school district records concerning their child.

• Records include:

  • attendance records

  • test scores

  • grades

  • discipline

  • counseling records

  • teacher and school counselor evaluations

  • reports of behavioral patterns

Link to full text:

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

PARENTAL INVOLVEMENT. (a) Each school shall obtain, and keep as part of the student's permanent record, written consent of the parent or legal guardian as required under Section 33.003. The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved (Tex. Edu. Code. §33.004).

• Districts must determine what counseling program activities will require parent permission.

• Parents must be allowed to review the content of the school counseling program upon request.

Link to full text:

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=886&code=FL#localTabContent

Records may be reviewed in person during regular school hours without charge upon written request to the records custodian. For in-person viewing, the records custodian or designee shall be available to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and records to be viewed shall be restricted to use only in the Superintendent's, principal's, or school counselor's office, or other restricted area designated by the records custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school.

• Education records are defined in policy and include

  • Admission data

  • Testing data

  • Attendance records

  • etc.

• Explanation for who can access information and how:

  • Parent access

  • School official access

• Directory information for school-sponsored purposes and other purposes is defined and clarified.

FL(LOCAL)-A1 Student Records

Link to full text:

https://www.govinfo.gov/app/details/USCOURTS-txwd-1_09-cv-00057/USCOURTS-txwd-1_09-cv-00057-0/summary

If a parent or eligible student initiates legal action against an educational agency or institution, the agency or institution may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the educational agency or institution to defend itself (34 C.F.R. §99.31).

Personally identifiable information includes, but is not limited to, the students' names, names of their parents or other family members, the addresses of the students or their family, any personal identifiers such as social security numbers or student numbers, a list of personal characteristics that would make the students' identities easily traceable or any other information that would make the students' identities easily traceable (20 U.S.C. §1232g).

Law States:

• A.G. (parent at the time) is seeking damages on behalf of J.R. for the misconduct of a teacher in Leander ISD.

• A.G. is seeking medical expenses, as J.R. was a minor at the time of the incident, citing that Leander ISD violated FERPA by using educational records to prove age.

• Leander ISD is moving to dismiss the FERPA violation, as C.F.R §99.31 states that school districts may disclose the records to the court to defend themselves.

• Leander ISD is also alleging that J.R. was 18 at the time, and A.G. requires J.R.'s consent to proceed.

Link to full text:

https://www.ecfr.gov/current/title-34/subtitle-A/part-99

The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in § 99.31 (20 U.S.C. §1232g).

• Applies to all schools receiving federal funding.

• Requires written consent from parents or eligible students before releasing personally identifiable information from the educational record.

• Defines what the educational record includes.

• Defines what is allowed to be released without consent.

• Defines sole-possession records as personal counseling notes that counselors must keep separately.

Link to full text:

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=886&code=FL#localTabContent

The Superintendent shall develop and maintain a comprehensive system of student records and reports dealing with all facets of the school program operation and shall ensure through reasonable procedures that records are accessed by authorized persons only, as allowed by this policy. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for use by authorized school officials.

• Defines who the custodian of records is.

• Defines what types of records constitute the education record.

• Defines who, how, and when people can access the records.

• Defines how records move with the student, how long records are kept, and when they are to be destroyed.

FL(LOCAL)-A1 Student Records

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Ethical Code:

School counselors should protect the confidentiality of students' records and release of personal data in accordance with prescribed federal and state laws and district and school policies (ASCA, 2022)

Potential Ethical Dilemma:

A potential ethical dilemma could involve a parent who requests that a school counselor tell them what their student has come to the counselor to discuss. As a school counselor, it is important to maintain the student's right to privacy and to explain to the parent that what is discussed in the counselor's office is kept confidential unless the student threatens to harm themselves, someone else, or someone is hurting them. This is to maintain trust and is in the student's best interest to ensure their social and emotional well-being and to maintain a safe space for the student to express themselves.

Reference:

ASCA. (2022). ASCA ethical standards for school counselors. American School Counselor Association. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

As I continue to move forward in my educational and professional journey, I feel I have a better understanding of where to turn if I face a difficult situation with a student. As I continue to learn and grow, I understand the importance of maintaining confidentiality, how to document various situations appropriately, and have the guidance I need to converse with parents, teachers, and outside agencies to collaborate on a student's behalf effectively. While this makes me nervous because of the field's complexity, it makes me more comfortable and knowledgeable of when to ask for help and what the gray areas may be.