Legal and Ethical Guide - Confidentiality by Flores Griffin

Slide #1- Professional Perspectives/ Audience/Topic

fgriffin1_1 — 2025-05-06 00:41:24 UTC

Professional Perspective- Confidentiality is very important in a professional school counseling program. All students, teachers and stakeholders must feel respected and feel that opening up to you will stay confidential. It is important to know when it's appropriate to report and when it is your job to listen and provide guidance.

Audience- The audience is all employees of a school district and stakeholders.

Topic- This is important to school counselors for many reasons. School counselors are trusted employees but also have an obligation to report information that might be needed if a student is in danger. I am an intern counselor this year and have learned this through on the job training. The counseling relationship calls for confidentiality in order to protect the integrity of the relationship. The student needs to trust that the school counselor will keep their information private, unless the student reports information that requires it to be disclosed (Glosoff & Pate, 2002). I chose this topic because I think it is important to learn what you must keep confidential and what you need to report. It is important to know your legal obligations and implications if you fail to report.

Slide # 2- Governing Agency

fgriffin1_1 — 2025-05-06 00:41:24 UTC

The governing agency at federal and state levels for confidentiality in school counseling is Family Educational Rights and Privacy Act (FERPA). As a school counselor you must stay informed about the state laws concerning parent/guardian rights and student confidentiality. The Texas Education Agency is the primary governing agency of Texas School Counselors.

(ASCA, 2013; Texas Education Agency TEA, 2022)

Slide # 3- Federal and State Constitutional Laws

fgriffin1_1 — 2025-05-06 00:41:24 UTC

FERPA: Is the ever-Changing Federal Statue.

FERPA changes with U.S. Supreme Court cases, and many other areas that ensure parents' and student confidentiality.
FERPA helps you advocate for student confidentiality.
Requires counselors to share only information that is vital to a teacher.

FERPA: The Ever-Changing Federal Statute - American School Counselor Association (ASCA)

State Law- Educ. Code Section 21.355 Confidentiality

In-Text Citation
TX Educ Code § 21.355 (2024)

Employees are expected to maintain strict confidentiality of student records and may release information only with written consent from parent or legal guardian
Texas Education Code Sec. 39.030 makes a student's test scores confidential. They may be released only as permitted by FERPA.

Texas Education Code Section 21.355 – Confidentiality

Slide # 4- Statue and Administrative Law

fgriffin1_1 — 2025-05-06 00:41:24 UTC

Statue: Texas Education Code

Sec. 37.3553 Confidentiality (a)any document or information collected, identified, or developed must remain confidential.

(TEX.EDUC. CODE § 37.355)

EDUCATION CODE Chapter 37. DISCIPLINE; LAW AND ORDER

Administrative Law: Texas Administrative Code

22.Tex. Admin. Code §681.45- Confidentiality and required reporting

Client's records should be stored and kept confidential.
Information must not be disclosed
You must report abuse or neglect of minors

(22 Tex. Admin. Code § 681.45 (2020).

http://texas-sos

Slide # 5 - Common or Case Law

fgriffin1_1 — 2025-05-06 00:41:24 UTC

Summary:

This case concerns a school counselor and her neglect on not filing a case of sexual abuse from her stepfather. The counselor did not follow proper channels when dealing with abuse. The incident was reported by friends to the counselor. The counselor never talked to the student or family. The counselor told the principal and called authorities. The counselor failed the system and the child.
The counselor did so many things that put this child in a harmful situation. The student suffers from depression from all the years of abuse.
School counselors should always talk to the student and let the parent know what is going on.
This type of behavior gives a negative impression of the school distinct and school counselors.

In-text Citation (Doe v. Unified School Dist., 255 F. Supp. 2D 1239(D.Kan.2003)

Doe v. Unified School Dist., 255 F. Supp. 2d 1239 (D. Kan. 2003) :: Justia

Slide #6- Regulations and Mandates

fgriffin1_1 — 2025-05-06 00:41:24 UTC

The Texas Education Agency has adopted the ASCA ethical model for school counselors to ensure that all aspects of a school counselor's duties are being followed.

The ASCA

supports the students' right to privacy and protect confidential information.
explain the meaning and limits of confidentiality to students
provide appropriate disclosure and informed consent regarding counseling and confidentiality
outlines the expectations that are held by the school counselor to protect students' rights and personal information. (ASCA, 2024).
ASCA-Certified School Counselor (ACSC) - American School Counselor Association (ASCA)

Slide #7- Local Policy

fgriffin1_1 — 2025-05-06 00:41:24 UTC

I currently work at JB Stephens Elementary in Bangs ISD. We have policies set on each campus about confidentiality. We also have in our handbook how important confidentiality is important to Bangs ISD.

Bangs ISD states:

The district will seek parental consent before displacing a student's work on the district's website, a website affiliated or sponsored by the district, or in district publications.
The district will seek parental consent to provide military recruiters access to student's name, address, and telephone listing.
The district will provide a notice of a student identified as, at risk of attempting suicide to a parent or guardian.
(Bangs ISD, FFEB, 2024)
Link to full text of Bangs ISD FFEB Policy
24-25 Bangs Student Handbook .pdf

Slide #8- Risk Management

fgriffin1_1 — 2025-05-06 00:41:24 UTC

Establish boundaries early in counseling- It is important to balance confidentiality from the start. Let student know there are things that if shared will have to be reported, their welfare is the main priority.
Share only necessary information: in order to protect the student, school counselors share only vital information that is needed to ensure the student's safety.
Collaborate with other professionals: As a school counselor it is important to work with other professionals. It will help navigate mandatory reporting duties. Asking for help is ok, counselors and administration form a healthy working relationship.
How Does a School Counselor Balance Confidentiality With Mandatory Reporting? - Counselor Brief

Slide #9- Ethical Principle

fgriffin1_1 — 2025-05-06 00:41:24 UTC

American School Counselors Association is an organization that supports school counselors' efforts to help students focus on their goals, whether its academic, career or social/emotional development. The ultimate goal is to prepare our students to become successful members of society.

Citation (ASCA, 2023)

Link: EthicalStandards2022.pdf

Slide # 10- Personal Connection

fgriffin1_1 — 2025-05-06 00:41:24 UTC

I have learned that school counselors' primary obligation is to keep information obtained within the counseling relationship. This is true unless legal requirements or school board policy demand confidential information be revealed, or a breach is required to prevent serious harm to students to others. Confidentiality is important for all people in a school, not just the counselor. It is important to keep building relationships with students in order to gain trust. I know from my experience being in education no two days are ever the same. I have learned that counseling requires many hats, you have to know which one to wear on certain days. Confidentiality is so important in school settings. Being honest with students at the beginning of your session is also important. They have to know they can trust you.

Slide # 11- Best Practices

fgriffin1_1 — 2025-05-06 00:41:24 UTC

Clear communication of confidentiality limits. Counselor explains the concept of confidentiality to the student.
Keep educational records in a locked and secure place.
Always apply local school policies.
Notify administrators of any breaches in confidentiality.
Follow ASCA ethical standards
Advocate for physical workplaces that protect the confidentiality of students' communications and records
When needed, school counselors make decisions on students' behalf that promote students' welfare