This Padlet is for educators, school counselors, and families working with students who need additional support. I chose the topic of informed consent because it is a key part of legal and ethical practices in education. Informed consent ensures that students and families fully understand and agree to the services and supports being offered. Through this Padlet, I hope to make the concept of informed consent easier to understand and highlight its importance in creating a positive, respectful environment for everyone involved.

• Sets nationwide rules to help counselors explain services clearly and protect student privacy.

• Shares tools and examples to guide counselors in getting consent, especially for minors.

• Provides advice on following federal laws like FERPA to keep student information safe.

  (ASCA, 2022)

  
  

State Level: Texas Education Agency (TEA)

• Oversees school counseling programs in Texas, setting rules for when parents or students need to give consent.

• Ensures counselors follow state laws like the Texas Family Code, which outlines when minors can consent to certain services.

• Provides training and resources to help counselors meet Texas-specific standards and document consent properly.

  (Texas Education Agency, 2018)

• Source of Law: 20 U.S.C. § 1232g (1974)

• In-text citation: (Family Educational Rights and Privacy Act, 1974)

• Key Points:

  • Protects the privacy of student education records.

  • Requires schools to obtain consent from parents or eligible students before disclosing personally identifiable information from education records.

  • Applies to all schools that receive federal funding.

• Source of Law: Texas Education Code § 33.005 (2021)

• In-text citation: (Texas Education Code, § 33.005, 2021)

• Key Points:

  • Establishes the requirement for Texas public schools to provide school counseling services.

  • School counselors must respect student confidentiality but also inform students and parents about limits to confidentiality and the scope of services.

  • Supports informed consent by ensuring students and parents understand the counseling process.

• Source of Law: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974)

• In-text citation: (Family Educational Rights and Privacy Act, 1974)

Key Points:

• Impact: School districts must obtain written consent from parents or guardians, or from eligible students (18+), before sharing personal information from educational records.

• Legal Requirements:

  • Protects the privacy of student educational records.

  • Grants parents and eligible students the right to access and amend their educational records.

  • Written consent is required before disclosing personally identifiable information (PII) from these records.

Federal Administrative Law: FERPA Regulations (34 CFR Part 99)

• Source of Law: U.S. Department of Education. (2008). FERPA regulations (34 C.F.R. § 99).

• In-text citation: (U.S. Department of Education, 2008)

Key Points:

• Impact: School districts must have a written policy regarding student records and inform parents, guardians, and students about their rights under FERPA.

• Legal Requirements:

  • Requires schools to inform parents/guardians of their right to inspect, review, and correct student records.

  • Schools must ensure that records are kept private unless there is written consent or specific exceptions that apply.

  • Requires clear policies on how student records are maintained and disclosed.

• Source of Law: Every Student Succeeds Act, Pub. L. No. 114-95, § 1001 (2015)

• Key Points:

  • Parents must be informed and give consent before certain educational services or assessments are provided to their children.

  • The law encourages schools to be open and transparent about student progress and to be accountable for student success.

• Source of Law: Family Educational Rights and Privacy Act (FERPA) Regulations, 34 C.F.R. Part 99

• In-text citation: (U.S. Department of Education, 2008)

Key Points:

• Informed Consent: Schools must get written consent from parents or eligible students before sharing any personal information, including counseling records.

• Privacy Rights: Parents can access their child’s educational records, including counseling information, and request changes if needed.

• Exceptions: Information can be shared without consent in certain situations, like with school officials who have a legitimate reason to know.

Source of Law: HIPAA Policies Procedures and Forms Manual, Lubbock Independent School District, August 2024.

In-text citation: (Lubbock ISD, 2024)

• Key Points

  • Consent required before sharing Protected Health Information (PHI) for non-standard uses.

  • Clear communication through Notices of Privacy Practices.

  • Safeguards and notifications for breaches of sensitive data.

• School Relevance: Applies to school-based health services like nursing, counseling, or health screenings.

This means that counselors must explain clearly to students and their families how counseling works, what information stays private, and when it might be shared. This is important because it helps students and families feel comfortable and trust the counselor while making sure everyone's privacy is respected.

(ASCA, 2022)

I feel proud to know that these laws help protect students and ensure they get the support they need. Learning about these standards has made me want to create a welcoming space for students where they feel their privacy is respected. This understanding has inspired me to work toward a career where I can make a positive difference for students by following these important guidelines.