Breach of confidentiality in the clinical, educational, and professional realm becomes an issue any time is it broken. However, it is not always unethical to break confidentiality, depending on the situation. For example, when a student or client voices their intent to self-harm, as a mandated reporter, one must always cause a breach in confidentiality and report it to the appropriate authorities. In most cases, a professional must maintain confidentiality to prevent further issues, such as lawsuits, loss of license or certification, or creating a negative rapport with the client and community.

My future as a professional school counselor is a profession that is certain to be hindered if confidentiality is unethically broken. As a school counselor, I will present my information to my professional co-workers, the teaching staff. I chose this topic to help not only myself, but other professionals be reminded of the importance of confidentiality. I feel at times, teachers get too complacent in their jobs and tend to let things "slide," especially amongst other co-workers when informal conversation is happening.

The federal governing agency for professional school counselors is the American School Counselor Association (ASCA). The ASCA is responsible for overseeing that school counselors are highly qualified and effective through following the guidelines implemented by the organization. According to ethical standard A.2 of the ASCA, it states that a professional school counselor must not breach confidentiality unless a student's life or someone else's life is at risk via suicide or homicide (ASCA, 2022). A breach in confidentiality could result in a loss of certification for the professional school counselor.

State Governing Agency in Professional School Counseling

The Texas Education Agency is the state governing agency for professional school counselors in Texas. The Texas Model for Comprehensive School Counseling is the guide used to ensure school counselors are able to successfully implement a counseling program in the school for which they are employed. According to the Texas Education Agency, a breach of confidentiality is very serious. Parents have access to their student's records via the school counselor, however, if the school counselor has kept some notes as a memory aid, the parents do not have access to those (TEA, 2024). If a professional school counselor were to breach confidentiality on the state level, not only could they lose their school counseling certification, but could also lose other certifications such as a teacher certificate (TEA, 2024).

Federal

According to the U.S. Department of Education, the Family Educational Rights and Privacy Act also known as FERPA, "federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records" (U.S. Dept of Education, 2024). The FERPA statute is found at 20 U.S.C. § 1232g.

* Developed by US Department of Education

* Parents have rights to access children's records

* Parents may seek to have the records amended

* Parents have some control over the disclosure

20 U.S. Code § 1232g - Family educational and privacy rights | U.S. Code | US Law | LII / Legal Information Institute

State

The Texas Health and Safety Code, Chapter 611.002(a)(b) states that all information, including documentation and communication, between a client and a counselor is to remain confidential at all times.

* Information includes the following:

1. Evaluations

2. Diagnoses

3. Communication

4. Consent Forms

5. Treatment

6. Identity of the Client

HEALTH AND SAFETY CODE CHAPTER 611. MENTAL HEALTH RECORDS

According to Texas Education Code Section 37.355:

• A school is considered safe

• All documents or materials produced must remain confidential under this statute

Texas Education Code Section 37.355 (2023) - Confidentiality :: 2023 Texas Statutes :: U.S. Codes and Statutes :: U.S. Law :: Justia

Texas Administrative Law on School Confidentiality

The Texas Administrative Code §247.2(A)3.1 states that professional educators should not reveal confidential information unless law requires it or it serves a professional purpose.

• One must be ethical

• Exemplify honesty

• Exemplify good moral character

• Public trust

• Protect the welfare of students

Home - Rules & Meetings

New Jersey vs T.L.O. - 1985

T.L.O. was a fourteen year old female who was caught smoking in a school restroom at a New Jersey high school. T.L.O. lied to the principal and told him she was not smoking. However, the principal thought since she was lying that she may be hiding other things so he decided to search her purse where he found other paraphernalia. The issue in the case was if the principal had the right to search her purse without law enforcement present and violating her fourth amendment right to search and seizure. The Supreme Court decided the principal did not violate her fourth amendment as he has a right to ensure school safety. The claim of privacy being exposed fell beneath the safety of the school as it turned out T.L.O. was selling marajuana to other students on campus. The court agreed that students have limits of privacy at school, but should not interrupt the line of business within a school.

(United States Courts)

https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/fourth-amendment-activities/new-jersey-v-tlo/facts-and-case-summary-new-jersey-v-tlo

• Student's name

• Name of the student's parents or other family members

• Address of the student or their family

• Social security numbers or other personal identifiers

• Student's date of birth or place of birth

• Any information that is considered a link to the student

https://studentprivacy.ed.gov/ferpa#0.1_se34.1.99_12

(20 U.S.C. 1232g)

23-24 Bangs ISD Employee Handbook.docx

Tex. Educ. Code Chapter 3 § 3.1

• Frequent implementation of professional development in privacy and confidentiality; frequent reminders of the law and the consequences that could follow

• Foster trust and a safe environment in the school system; the more comfortable students feel in a school with their educational staff, the better the rapport, which instills a positive relationship that can be trusted

• General public confidence in the education system; as educators and professionals we must model what we want people to see when it comes to ethics, morals, and good principles

According to the American School Counselor's Association Code of Ethics, Section A.2., school counselors should always promote awareness of their own ethical standards regarding confidentiality. Appropriate procedures must always be followed when disclosing student data and information to other staff members. For example, if a teacher wanted test results on a student in which they did not have any professional or legal reason to know, the school counselor would not need to share that information. However, if a teacher taught the student that year and wanted to know test results to further improve the work of that student, the counselor could release the information.

 EthicalStandards.pdf

(ASCA, 2024)

I feel by diving into the laws and ethics, I will become not only a better educator, but a better civilian as well. When following the laws and ethics, problems take care of themselves as there is nothing in question. It makes me feel more prideful and upstanding to know that I have a legal and ethical system that stands behind its professional educators.

• Never assume anything about the law or ethics! Be informed at all times! Stay up to date on current laws and be in the know!

• We must model good ethical and moral practices for our profession and our community. We want our students to mimic our actions when it comes to ethics and morals.

• Never share information about a student or information that is or could be linked to a student without the parent's written consent.

• A breach in confidentiality could result in loss of certification, termination, and a loss of reputation for you and the community! Always follow the rules!

• FERPA (Federal Educational Rights and Privacy Act) is a HUGE law that must be followed at all times! FERPA protects the rights of families and parents about their student's records. It allows some access to the parent, the right to have them amended, and the right to decide what can be disclosed to the public or certain professionals.

• The American School Counselor's Association is responsible for overseeing that school counselors are highly qualified and are following all guidelines implemented by the organization.

• If a student's life or someone else's life is at risk, confidentiality rules do not apply. It is urgent this is reported to the proper authorities.