Student Confidentiality vs Parental Consent by Misti Coleman

#1 Professional Perspective, Audience, & Topic

misticoleman05 — 2025-07-14 14:34:33 UTC

Student confidentiality is a top priority for school counselors, one that must be protected. Parental consent is also a non-negotiable with serving minor children. At times, school counselors may be faced with a situation in which a student does not want their parents to know they are seeing the school counselor. What should a school counselor do in this situation? What laws and ethical principals can they use to guide them? This Padlet takes an in-depth look into student confidentiality vs parental consent and is useful for school counselors at all grade levels.

#2 Governing Agency

misticoleman05 — 2025-07-14 15:41:58 UTC

Federal Government Agency:

The US Department of Education was founded in 1867 and plays a significant role in education across the nation, including oversight and federal funding (U.S. Department of Education, 2025). The US Department of Education oversees compliance with the Every Student Succeeds Act, the Individuals with Disabilities Educational Act, and the Family Educational Right to Privacy Act (U.S. Department of Education, 2025).

Texas Government Agency:

The Texas Education Agency oversees all aspects of pubic education in the state of Texas, this includes all school counseling programs that are found within each district and campus (Texas Education Agency, 2020).

#4 Statute & Administrative Law

misticoleman05 — 2025-07-14 15:42:20 UTC

Texas Educators Code of Ethics:
- Parents must be aware of, informed, and give their consent for their child to participate in school guidance counseling activities (2 Tex. Edu. Code §33.003)
  - https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm
- Schools must also keep a record of parental consent for each student (2 Tex. Edu. Code § 33.004)
  - https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm
Texas Administrative Code:
- Standard 3.1 states that school counselors cannot reveal confidential information about students without a lawful professional reason or required to by law (19 Tex. Admin. Code §247.2)
  - https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/19-tac-chapter-247

#3 Federal & State Constitutional Laws

misticoleman05 — 2025-07-14 15:42:23 UTC

Federal Constitution Laws:

The Every Student Succeeds Act
- School counselors are required to provide a comprehensive school counseling program to all students regardless of race, gender, socio-economic status, ethnicity, sexual orientation, or ethnicity
  - https://www.govinfo.gov/content/pkg/USCODE-2017-title20/html/USCODE-2017-title20-chap70-subchapI.htm
Individuals with Disabilities Education Act
- Students with disabilities must be provided with individualized education plans, including Section 504 plans, falling under the individual planning component of a school counselors program
  - https://www.congress.gov/crs-product/R41833#:~:text=The%20Individuals%20with%20Disabilities%20Education%20Act%20(IDEA)%20is%20the%20main,the%20receipt%20of%20grant%20funds.
Federal Education Right to Privacy Act:
- Federal funding can be withheld from schools and districts for not allowing parents to review student education records, including school counseling records
  - https://www.govinfo.gov/app/details/USCODE-2023-title20/USCODE-2023-title20-chap31-subchapIII-part4-sec1232g&collectionCode=USCODE

(Lee, 2025)

Texas Constitution Laws:

The Texas Constitution does not have laws specifically related to school counseling. However, Article 7 of the Texas Constitution does provide constitutional law on the overseeing of the public education system in Texas and ensuring that it is efficient and equitable, which could include any comprehensive school counseling programs (Article VII: Education - (Texas History) - Vocab, Definition, Explanations | Fiveable, 2024).
- https://statutes.capitol.texas.gov/docs/cn/htm/cn.7.htm#:~:text=1.,system%20of%20public%20free%20schools.

#5 Common and/or Case Laws

misticoleman05 — 2025-07-14 15:42:26 UTC

Two important case laws to consider when evaluating student confidentiality and parental consent are :

Federal Case Law:
- Planned Parenthood of Central Missouri V Danforth
  - This federal case, while not definitive, does provide guidance in regards to a student confidentially sharing any pregnancy or birth control issues from disclosure to their parents (Planned Parenthood V Central Missouri V Danforth, 1976).
Texas Case Law:
- Cornyn Open Records Letter Ruling OR2002-4558
  - Following an abuse allegation and report to DCFS, parents requested the child's records which contained the name of the San Antonio based, Northside ISD school employee who made the abuse report. This ruling from the Texas Office of the Attorney General found that the Child Abuse Prevention and Treatment Act overruled FERPA meaning this information could not be given to the parents, protecting the school employee and the confidentiality of the child's abuse disclosure (Texas Attorney General Opinion JC-4558, 2002).

#6 Federal Regulation/Mandate

misticoleman05 — 2025-07-14 15:42:28 UTC

§99.10 - Parents and students must be given access to review the minor child's education records (34 CFR §99.10)
§99.30 - Parents are to be given full access to their minor student's education records, which include school counseling notes, upon request unless there is legal or court order that does not allow them access (34 CFR §99.30)
§99.40 - Students who are not minor children do not have to disclose their education records to their parents/guardians (34 CFR §99.40)
- https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

#7 Local Administrative Law/Policy/Rule

misticoleman05 — 2025-07-14 15:42:31 UTC

Calallen Independent School District located in Corpus Christi, Texas refers to the Code of Federal Regulations in their policy and procedures when it comes to releasing student information (Home - Calallen Independent School District, 2025). Following 34 CFR §99.10, parents have the right to review their minor child's education records, which includes school counseling records ((34 CFR §99.10).

#8 Three Risk Management Strategies

misticoleman05 — 2025-07-14 15:42:35 UTC

Consider if there is legal need to break student confidentiality, supported by state and federal laws that required breaking of confidentiality.
Discuss with the student the potential need to break confidentiality with an explanation as to why it is needed - either out of legal obligations or concern for the student.
Follow an ethical decision-making guide, such as the following steps provided by the American School Counseling Association
1. Define
2. Identify potential factors and dynamics
3. Apply ASCA Ethical Standards
4. Consult with other professionals
5. Consider students' chronological age and development level
6. Consider the rights of the student and the parent/guardian
7. Apply the ethical principals of beneficence, autonomy, nonmaleficence, justice, fidelity, & veracity
8. Determine potential actions and their consequences
9. Evaluate the chosen course of action
10. Implement and analyze the course of action and its outcomes
11. Compare to current school/district policy for potential inconsistencies and need for revision
  (American School Counselor Association, n.d.)

#9 Ethical Principle from American School Counselors Association

misticoleman05 — 2025-07-14 15:44:56 UTC

American School Counselor Association Code of Ethics:

A.2.f. - Keep student information confidential unless legally obligated to release, or to prevent serious harm to the minor student or others
A.2.g. - Balance the obligation to student confidentiality with an understanding of the parents' right to guide their child's life
A.2.h. - Work with students to breach confidentiality in the least traumatic way possible
A.2.j. - Protect the confidentiality of students' records and release of personal data in accordance with prescribed federal and state laws and district and school policies
A.13.a - Abide by FERPA when requests are made to review student counseling notes included in student records
B.1.a - Recognize and respect the importance of parents & guardians in the lives of minor students, working to collaborate services as best as possible
B.1.b - Respect the parental/guardian rights of the minor child and work collaboratively to provide services to best help the student grow in all ares

(American School Counselor Association, 2019)

#10 Personal Connection to Legal & Ethical Standards

misticoleman05 — 2025-07-14 15:44:59 UTC

The issue of student confidentiality verses a parents right to consent hits me on both a personal and professional level. As a school counselor, I want to be able to provide services to my students, including a space where they feel safe sharing their concerns and struggles. I know that part of this requires my confidentiality. Confidentiality helps these students to open up and share, receiving emotional support they might not otherwise get. However, on a parent level - I want to be involved in my child's guidance in education and emotional/mental health.

The laws and principals have helped me to understand that sometimes these two desires will clash. This has enhanced my education journey to better understand that not all situations are clear cut. Learning about the ethical decision making process provides me with a strong framework to move through with any situation I may face.

#11 Recommendations/Best Practices for Compliance

misticoleman05 — 2025-07-14 15:45:03 UTC

Obtain parental consent prior to individual meetings with minor students
Discuss with parents/guardians of minor students the risks to breaking confidentiality and sharing personal information their student disclosed in counseling
Outline and explain confidentiality to the minor student, as it relates to the student/counselor relationship
Give a detailed explanation of when/why/how confidentiality may have to be broken
Be selective in the counseling notes that are written down as they are added to the students file and are open to review
Work with the student to create a plan when confidentiality must be broken