The audience for school counselors include, students, parents, teachers and community organizations. It is essential to collaborate with these members while also ensuring that we are maintaining legal compliance.

TEA oversees confidentiality in education, Texas law states that parents have a right to all student records. (Tex. Educ. Code Sec.26.004

FERPA

Tex.Educ.Code Sec. 26.004

is a federal statue regulating the confidentiality of student records. FERPA mandates that schools maintain confidentiality and that students and parents have access to student records.

Texas law states student information as confidential to public agencies under the Texas Government Code Sec. 552. which emphasizes the protection of personal information.

As a school counselor it is essential to adhere to the Federal and state laws in order to ensure compliance and student privacy rights.

FERPA

Tex. Gov. Code. Sec. 552

Texas Administrative Code governs state agencies regulation. TAC provides the rules for which TEA adheres to and provides counselors with guidelines to maintain confidentiality.

FERPA

Tex. Admin. Code. Title 19

In this case a students psychiatric evaluation was shared with other students as an example for a class assignment. Although this was unintentional the students personal information was disclosed and the student was identified by other students. The school employees were not sued for monetary damages but there were repercussions. 

L.S. v Mount Olive Board of Educ. 2011

FERPA

Clear Creek Independent School District Data Privacy Policy(2024).CCISD Data Privacy.

These steps will ensure the appropriate steps are being taken to maintain confidentiality. Working together with school staff ensures everyone understand the confidentiality expectations. Providing students and families with consent forms will better protect student, family, and counselor. Students and families will be aware of the guidelines counselors must follow. By reviewing the practices in place for storing student records counselors can determine inappropriate methods and make changes if necessary.

As a school counselor I must ensure that students understand what confidentiality means and the limitations that it carries when their safety is involved. Maintaining boundaries that foster a positive and trustworthy environment.

American School Counselor Association

Complying with confidentiality is a key factor in the role of a school counselor. Through the study of laws, regulations, mandates and other cases my commitment to ethical practices deepened.

One connection I made with these laws are that the laws are put in place to protect the student and myself as the school counselor. The laws will ensure that students and families feel safe sharing records and personal information and trusting that we will protect it. Another connection I made was how easy it can be to breach confidentiality. Lastly, learning about the steps to take to manage the risks and strengthen my ability to serve students.