EDG 6305 - Legal & Ethical Principles padlet - Confidentiality by Michael Evans https://padlet.com/mevans227/qhdfhdccqmbikaqa en-us 2023-03-06 05:22:39 UTC 2025-05-04 08:25:02 UTC hello@padlet.com Slide #1 Professional Perspective/Audience on Confidentiality. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504594480 It is the role of the school counselor to promote the social, emotional, and academic well being of the students to assist them in achieving future success. However, academic focus can only be achieved once a student’s social and emotional needs are taken care of. Therefore, much of our duty as school counselors is to help students with their social and emotional needs first, paving the way for their academics to flourish.

The topic of Confidentiality has been very important to the field of school counseling and education because, as counselors, we handle sensitive information on a daily basis. We also communicate with the school families and communities regularly to promote the goings-on at our campuses. It is very easy to unknowingly disseminate too much information, violating privacy laws.

In the world of school counseling, the topic of confidentiality is something that should be at the forefront of every educator’s mind. As school counselors, we are privy to private information about every student that we serve. We use this information to better service our students, but we are bound by privacy laws to make sure that we act with discretion. School officials and constantly communicating with each other and the community about the students we serve; there is always a risk that we may disseminate personal information about a student in an unlawful manner (Essex, 2004). 
]]> 2023-03-06 05:25:28 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504594480 Slide #2 Governing Agency mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595019 The topic of confidentiality is specified in chapter 33 of the Texas Education Code (33 TEC), which is created by the Texas state legislature. The Texas Education Agency (TEA) is a state-level authority pertaining to these topics because the TEA created the Texas Model for School Counseling (TEA, 2018). The TEA is responsible for creating policies and regulations that follow laws established by the Texas Education Code. It is then the local school district’s responsibility to follow those policies and regulations created by the TEA. School districts are accountable to the Texas Education Agency, and the TEA is accountable to the state of Texas.

The American School Counselor Association (ASCA) could also be viewed as an additional authority, although they are not a governmental agency (ASCA, 2016). ASCA is a national organization and they have set forth the ethical standards for school counselors, of which the TEA uses as a guide in creating their policies and regulations. So although they are not a legal agency that districts or TEA are beholden to, they are still viewed as a guiding body.

One of the areas that I learned about most was that there is a lack of federal laws that govern the world of education. In the United States Constitution, only the 14th amendment addresses education. I understand that rights and laws not expressly laid out in the U.S. Constitution are left up to the states to interpret and legislate, however, this leaves too much room for variation from state to state. In the modern age, there should be cohesiveness in education among all states in the Union. At the state level, there are tiers of accountability that create a hierarchy, with each lower tier accountable to the tier above it: Schools are accountable to their districts; districts are accountable to the Texas Education Agency (TEA); and the TEA is accountable to the State of Texas.
]]> 2023-03-06 05:25:59 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595019 Slide #3 Identify the federal and state constitutional laws that align with confidentiality. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595502 Though more indirectly than directly related, the 14th amendment to the United States Constitution lays out that all children in the United States have a right to a free and fair public education (U. S. Const. amend. XIV). 
  • This constitutional law establishes that children are entitled to a complete public education. 
  • They will have private information contained within the school and district which the employees are required to protect. 
  • Because students will be enrolled in public schools due to this amendment, school counselors will be privy to information about students that needs to be protected.
  • Link: https://www.law.cornell.edu/constitution/amendmentxiv

Article 7 of the Texas Constitution is also very general as it pertains to confidentiality (Tex. Const. art. VII). 
  • It specifies that the Texas state legislature must establish and maintain a free public school system in the state.
  • Like the 14th amendment to the U.S. Constitution, this is indirectly related to the topic of confidentiality. 
  • Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7/CN.7.5.htm


]]> 2023-03-06 05:26:29 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595502 Slide #4 Identify the one statue and one administrative law that align with confidentiality. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595997 Federal Statute: The Family Educational Rights and Privacy Act (FERPA,20 U.S.C. § 1232g) is a federal law pertaining to confidentiality. 
  • It protects the confidentiality of all students and their school records. 
  • This law is one of the most important federal laws that is regularly at the center of privacy violations, putting the school and possibly the staff member in litigation.
  • Link: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

State Administrative Law: Confidentiality is addressed in the Texas Administrative Code (247 TAC § 247.2). 
  • It states that confidential information pertaining to students should not be disclosed unless required by law. 
  • Unlawful violation of student confidentiality can lead to a lawsuit against the school and district.
  • Link: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=19&pt=7&ch=247&rl=Y

]]> 2023-03-06 05:26:52 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504595997 Slide #5 Identify the common or case laws that align with confidentiality. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596425 A important court case relating to Confidentiality was Owasso Independent School District v. Falvo: 
  • A parent requested that her children’s school stop allowing peer-grading of assignments, stating that this violated their privacy because another child was able to see the grade given. 
  • The school declined and the case went to court. 
  • In this court case, it was decided that peer-grading in class does not violate FERPA rights of the family (Owasso Independent School District v. Falvo, 2002). 
  • This court case is important precedent because it established that there is a limit to what would be considered student records. 
  • This means that not all school document or record sharing could be considered a violation of FERPA.
  • Link: https://supreme.justia.com/cases/federal/us/534/426/

]]> 2023-03-06 05:27:16 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596425 Slide #6 Identify the mandate that aligns with confidentiality. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596739 The mandate regulating Confidentiality comes from the Texas Education Agency. 
  • According to the TEA's Model for School Counseling, standard 4, when auditing a school’s comprehensive counseling program, the school counselor must “protect students’ and families’ rights to privacy, confidentiality, respect, and belief”  when performing an evaluation (TEA, 2018). 
  • This specifies that it is built in to the Texas Model to ensure counselors are abiding by existing privacy laws.
  • With exception to a federal statute such as FERPA, most of the legislation pertaining to the topic of Confidentiality, and education in general, is created at the state level. 
  • Link: https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf
]]> 2023-03-06 05:27:38 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596739 Slide #7 Local Administrative Law/Policy/Rule mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596989 In the SFDRCISD employee handbook, it states that the employee will “maintain confidentiality in all matters relating to students” and their coworkers (SFDRCISD, 2022). 
  • The reason for the policy is to be in compliance with the Texas educator code of ethics, which states the same requirement for confidentiality. 
  • This impacts the topic of confidentiality because it leaves no room for flexibility or misinterpretation.
  • Link: https://www.sfdr-cisd.org/media/50wjyimy/employee-handbook-2022-2023-7-26-2022.pdf
]]> 2023-03-06 05:27:52 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504596989 Slide #8 Discuss three risk management strategies related to confidentiality and why it is important. mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504597418
  • Concerning the topic of Confidentiality, there are a few steps that can be taken to ensure one is limiting legal liability. First is to be aware of existing state laws, such as the Texas Administrative Codes pertaining to confidentiality (247 TAC § 247.2) and The Family Educational Rights and Privacy Act (FERPA,20 U.S.C. § 1232g). Ensuring that school counselors and all school personnel are aware of the laws is the first step in risk management.

    • School counselors should also be aware of their code of ethics as outlined by ASCA, which specifically addresses the duty to maintain confidentiality (ASCA, 2016). Because confidentiality is specifically addressed in federal law, state law, and code of ethics, individuals who break confidentiality put the school, the district, and themselves at risk of breaking the law if they do not follow established procedures for maintaining confidentiality.

    • Another risk management step would be to provide annual training on what it means to maintain confidentiality. During the training it would be addressed the types of information that are permissible to be provided and to which parties. This professional development would also serve to keep all stakeholders informed on current legislation.


    ]]>     2023-03-06 05:28:13 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504597418     Slide #9 Ethical Principle mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504597746 Although school counselors are bound by all state and federal laws pertaining to education, the main code of ethics that they abide by are those established by the American School Counselor Association (ASCA). These ethical guidelines were created not just by the organization itself, but with collaboration of other counselors and entities across many states. So the guidelines outlined by ASCA are seen as the best and most comprehensive.

    ASCA standard A.2.a states that a counselor should “promote awareness of school counselors’ ethical standards and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of
    student data” when disseminating information (ASCA, 2022). This standard ensures that the counselor will be acting in an ethical manner and maintain compliance with existing confidentiality laws.

    Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

    ]]>     2023-03-06 05:28:31 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504597746     Slide #10 Personal Connection to the Legal and Ethical Standards mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504598008 Looking at specific topics in education from the lens of the law caused me to create an understanding of the legal hierarchy involved. When it comes to education, the highest law, which is federal law, is very vague. But moving down the ladder, state law is where the real substance and specificities are established. Local policy is then created with state law in mind. So, as long as an educator or counselor is following local policy, they can be confident that they are also aligned with existing state laws.

    This legal research provided me with great insight into the legalities of education, but also pointed out a shortcoming. Because there is very little federal law pertaining to education, most is created at the state level. The problem with this is that states are not required to maintain much semblance of alignment with one another; as a practicing counselor intern, I see this become an issue when a student transfers to Texas from another state that has different educational requirements. That student is sometimes left scrambling to make up for requirements that a specific to our state.]]>     2023-03-06 05:28:46 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504598008     Slide #11 Bulleted list of Recommendations / Best Practices for Compliance mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504598570
  • Ensure that school counselors and all school personnel are aware of the existing laws, both state and federal.
  • School counselors should be aware of their code of ethics as outlined by ASCA, which specifically addresses the duty to maintain confidentiality (ASCA, 2016).
  • Provide annual professional development on what it means to maintain confidentiality.
  • Obtain parental consent for any and all sharing of student work and photos at the start of the school year. Maintain a list of all students whose parents do not consent and inform their teachers.
  • Constant self-analysis about one's personal practices; the educator should also monitor themselves, especially if they are more inclined to share classroom notices via social media-type apps such as ClassDojo.
  • Always operate with a need-to-know mindset when sharing student information with others. It is generally safe to provide necessary information to others on your campus who service the same student. However, make sure to only provide information that the other party needs to know about and nothing more.
  • Use all staff meetings as a tool for reminding staff to be conscious of maintaining confidentiality.
  • Campus administrators should review current legal cases pertaining to the topic of confidentiality and share that information with the campus leadership team. The focus should be on identifying what the school or educator may have done to violate confidentiality laws, so as not to repeat the same actions.
    • ]]>     2023-03-06 05:29:11 UTC https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2504598570     Slide #12: References mevans227 https://padlet.com/mevans227/qhdfhdccqmbikaqa/wish/2505332604 American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

    Child Abuse Prevention and Treatment Act of 1974. 42 USC §§5101–5106.

    Child abuse reporting, 34 U.S.C. § 20341 (2019).

    Code of Ethics and Standard Practices for Texas Educators, 247. Tex. Admin. Code. 247 TAC § 247.2 (2018). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2


    Essex, N. L. (2004). Confidentiality and Student Records. Clearing House, 77(3), 111–113. https://doi-org.easydb.angelo.edu/10.1080/00098650409601240

    Family Educational Rights and Privacy Act (1974). U.S. Department of Education. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

    Health & Safety, 38. Tex. Ed. Code. 38 TEC § 38.004. (2015).  https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.38.htm

    Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).

    Moyer, M., & Sullivan, J. (2008). Student Risk-Taking Behaviors: When Do School Counselors Break Confidentiality? Professional School Counseling, 11(4), 236–245. https://doi-org.easydb.angelo.edu/10.5330/PSC.n.2010-11.236

    Office of the Federal Register, National Archives and Records Administration. (2010, December 21). 124 Stat. 3459 - CAPTA Reauthorization Act of 2010. [Government]. U.S. Government Publishing Office. https://www.govinfo.gov/app/details/STATUTE-124/STATUTE-124-Pg3459

    Owasso Independent School District v. Falvo, 534 U.S. 426 (2002).

    Tex. Const. art. VII

    Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.

    San Felipe Del Rio Consolidated Independent School District. (2022). 2022-2023 SFDRCISD District Employee Handbook. https://www.sfdr-cisd.org/media/50wjyimy/employee-handbook-2022-2023-7-26-2022.pdf

    School Counselors and Counseling Programs, 21. Tex. Ed. Code. 21 TEC § 21.355. (2019). https://texas.public.law/statutes/tex._educ._code_section_21.355

    State v. James-Buhl, 393 P.3d 817 (2017).

    U. S. Const. amend. XIV


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