https://padlet.com/acrow21/onql463v43oa74u5 by Amber Crow en-us 2021-07-15 16:40:48 UTC 2025-11-09 06:21:45 UTC hello@padlet.com acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651402509 Upon completion of my Master's degree in Professional School Counseling, I hope to become a middle school counselor. I enjoy the middle school level and feel there is a great need for counselors at this level. Middle school can often be a difficult time in children's lives and I want to make a positive impact at this level.

This Padlet is on the topic of Special Education, with a focus on FERPA and best practices for teachers. I chose this topic because Special Education has a special place in my heart, with beginning my career as an inclusion teacher. The legal and ethical guidelines in Special Education are of utmost importance and my hope is to provide teachers and other professionals knowledge of legality and ethics in this area. I hope this will guide them in their future decision making.]]> 2021-07-15 16:43:48 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651402509 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651422091 On Thursday, July 8, 2021, I interviewed school counselor, Brandi Cantu. 
1. Mrs. Cantu discussed Special Education(SPED) and why it is so important as a Professional School Counselor. Mrs. Cantu explained that SPED is important in her role because counselors provide direct and indirect services to students in the least restrictive environment(LRE). She said that counselors advocate for all students and especially those with special needs. She helps in identifying students who may qualify and/or need special education services and provides assistance in developing plans within their IEP's and 504's. 
2.  Mrs. Cantu provides three best practices in her field related to special education. She said first and foremost, advocating for special education students is of utmost importance. Second, she said that consulting and collaborating with other professionals and families to support the student is extremely important. Last, she said encouraging family involvement is key.
3. I asked Mrs. Cantu what was an emerging issue in counseling related to SPED. She said although it was not necessarily emerging, FERPA is always an issue and the legal and ethical concerns behind FERPA are extremely important. She said that the laws are always changing and it is important to keep up with information as it is presented so that you are protected (B. Cantu, personal communication, July 8, 2021).

]]> 2021-07-15 17:04:00 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651422091 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651436168 The American School Counselor Association (ASCA) provides resources for counselors that guide them in their comprehensive school counseling program and hold them to a higher standard. The ASCA published an article regarding FERPA. The article is related to FERPA always changing and how that impacts school counselors and other school personnel. The article discusses the legalities of FERPA such as record keeping. Not all information collected on students is subject to FERPA guidelines, such as records made by teachers and school counselors, according to Stone (2013).

Reference:
Stone, C. (2013, July 1). FERPA: The ever-changing federal statute. School Counselor. https://www.schoolcounselor.org/Magazines/July-August-2013/FERPA-The-Ever-Changing-Federal-Statute

]]> 2021-07-15 17:20:53 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651436168 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651547742 Educators and policy makers push for changes in FERPA. There is a fine line between protecting student's information versus their safety. Many feel that information should be able to be shared when it could save a child's life. Other civil liberty advocates worry this interferes with privacy. Although "educational records" was defined in the most recent changes, educators have yet to have the clear language they desire (Ujifusa, 2021).

Reference:
Ujifusa, A. (2021, June 22). Federal rules in the pipeline on COVID-19 relief, testing, student privacy. Education Week. https://www.edweek.org/policy-politics/federal-rules-in-the-pipeline-on-covid-19-relief-testing-student-privacy/2021/06]]> 2021-07-15 19:49:33 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651547742 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651564132 With COVID-19 vaccinations on the rise, it is now in question whether or not teachers should be required to be vaccinated and also whether or not they must disclose that information. Unlike students, FERPA does not apply to teachers. FERPA protects student records, not teacher records. Although HIPAA protects individual rights of citizens medical records, it generally does not apply to school districts. Some question whether or not Special Education students with high risks associated with COVID-19 should have knowledge of their teacher being vaccinated. It might be a possibility to have their Individualized Education Plan (IEP) include the placement of the child with a vaccinated teacher (Will, 2021).

Reference:
Will, M. (2021). Do teachers have to disclose their vaccination status? Experts weigh in. Education Week. https://www.edweek.org/leadership/do-teachers-have-to-disclose-their-vaccination-status-experts-weigh-in/2021/03]]> 2021-07-15 20:14:03 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651564132 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651574281 Texas Education Code Sec. 39.030 makes a student's state test scores confidential. They may be released only as permitted by FERPA. Public release of test information cannot contain the names of students or otherwise implicitly identify the students, but may contain information regarding ethnicity, grade, subject, etc (39 Tex. Educ. Code § 39.030).



]]> 2021-07-15 20:31:23 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651574281 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601225 In Gonzaga University v. Doe, 536 U.S. 273 (2002), the United States Supreme Court ruled that FERPA does not create a right which is enforceable under 42 U.S.C. § 1983. A Gonzaga University student was denied an affidavit of good moral character by a professor who overheard a sexual misconduct conversation by the student. The student believed this was in violation of FERPA; however, this was ruled against by the Supreme Court, who ruled the statute only addresses federal funding. 
 
Gonzaga University v. Doe, 536 U.S. 273 (2002)]]> 2021-07-15 21:20:51 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601225 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601312 19 Tex. Admin. Code § 1.18
FERPA is definied the the Texas Administrative Code as the Family Educational Rights and Privacy Act, 42 U.S.C. §1232g, which includes regulations and informal written guidance issued by the United States Department of Education and any amendments or supplementation thereof (19 Tex. Admin. Code § 1.18).]]> 2021-07-15 21:21:02 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601312 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601355 While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling (U.S. Const. Amend. XIV).]]> 2021-07-15 21:21:08 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601355 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601525 The Round Rock Independent School District defines FERPA on page 22. The district explains that FERPA permits the district to disclose "directory information" from a student's records and goes on to explain what directory information is. They include examples such as a student's photograph, the student's name and grade level, and the student's birthday. 

Reference:
Round Rock ISD. (2021). Student handbook 2020-2021. https://roundrockisd.org/parents/student-parent-handbooks/]]> 2021-07-15 21:21:29 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601525 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601668 School counselors have a duty to keep information confidential unless legal requirements demand otherwise or it is required to prevent serious harm to a student (ASCA, 2016, A.2.e).

Reference:
American School Counselor Association. (2016). Ethical standards for school counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2021-07-15 21:21:47 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601668 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601887 Legal and ethical standards will apply to my future position as a counselor and apply to my current role as a teacher. I have learned the importance of having the knowledge of all legal and ethical standards that apply to me, as I will be held accountable. I have learned more in regard to how legal and ethical standards impact my day to day life and in the field of education. An example of a law that I learned more about is FERPA. In the education field, protection of student's data and information is of utmost importance and is something I deal with on a daily basis. I understand more now, the importance of understanding FERPA regulations and the standards I am held to. Additionally, as a future counselor, I am required to maintain confidentiality (ASCA, 2016, A.2.e).

Reference:
American School Counselor Association. (2016). ASCA ethical standards for school counselors.]]> 2021-07-15 21:22:11 UTC https://padlet.com/acrow21/onql463v43oa74u5/wish/1651601887 acrow21 https://padlet.com/acrow21/onql463v43oa74u5/wish/1651602008

• Be advocates for all students.
• Provide equity for all students.
• Collaborate with administration and teachers to develop a positive school environment.
• Seek professional development opportunities related to Special Education and FERPA.
• Create systems to help develop and maximize students' college and career opportunities.
• Become part of a professional association such as ASCA to be more information on Special Education and FERPA.
• Develop evidence-based interventions for students.
• Foster two-way communication between parents and schools. 
• Use research-based methods to provide services for students.
• Work with teachers, parents, and staff members to support and provide opportunities for students to reach their greatest potential. 
• Help administration and staff to create a positive school climate.

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