Legal and Ethical Guide - Student Confidentiality by Katherine Crain

katherinecrain1 — 2024-10-08 21:41:39 UTC

As a professional school counselor, confidentiality is an ethical responsibility as protecting students’ privacy is key. I selected this topic because understanding and analyzing the state and federal laws and regulations as well as ethical standards regarding confidentiality is instrumental in paving the way for developing a successful comprehensive school counseling program.

katherinecrain1 — 2024-10-08 22:35:34 UTC

The Texas Education Agency(TEA) and the U.S. Department of Education are the state and federal agencies that govern my professional field as well as the guided topic of confidentiality. TEA provides leadership, guidance, and support to Texas school systems while the U.S Department of Education fosters educational excellence and ensures equal access to all schools across the United States. Both agencies hold schools accountable through the Family Educational Rights and Privacy Act (FERPA).

The Family Educational Rights and Privacy Act

katherinecrain1 — 2024-10-08 22:53:47 UTC

FERPA (20 U.S.C. S 1232g; 34CFR Part 99)

FERPA was in enacted in 1974 to protect the privacy of student education records.
FERPA gives parents/guardians the right to have access to their child's education records.
FERPA gives parents/guardians the right to have their child's education records implemented.
FERPA gives parents/guardians some control over the disclosure of their child's personal information.
When a child turn 18 years of age, all rights of FERPA transfer from the parent to the student.

katherinecrain1 — 2024-10-08 23:06:09 UTC

Texas Administrative Code (Administrative Law) - “The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law” (19 Tex. Admin. Code S 247.2, 2024). If student confidentiality is breached, consequences such as a lawsuit or termination could arise.
Texas Education Code S 26.004 (Tex. Educ. Code S 26.004) restates FERPA’s requirement that schools should grant parental access to student records including counseling records. The school counselor is to provide a parent any information regarding their child upon request.

katherinecrain1 — 2024-10-08 23:26:25 UTC

FERPA Case -

This case is a student privacy case where a school official sent reports of a child’s misconduct to the parents of the victims.
The school claimed that the reports were not education records. The school said that the disclosure of disciplinary action of another student to the victim's parents is not considered education records.
“The Tenth Circuit determined that limited disclosure to interested parties about a child’s misbehavior in school is legitimate under FERPA” (Jensen v. Reeves, 2001).

katherinecrain1 — 2024-10-09 00:05:14 UTC

The Fourth Amendment of the US Constitution: This amendment prohibits unreasonable searches and seizures (U.S. Const. amend. IV). In the public school setting, officials can search students without a warrant if they have reasonable grounds to suspect the student violated the law or student code of conduct.
The Student Privacy Act in Texas passed in 2017 and protects student's personal information. (Student Privacy Act, H.R. 2087. (2017)

katherinecrain1 — 2024-10-09 21:18:07 UTC

Our school's student handbook states, "The Family Educational Rights and Privacy Act, or FERPA, permits the district to disclose appropriately designated “directory information” from a student’s education records without written consent. However, A parent or eligible student may object to the release of this information. Any objection must be made in writing to the principal within ten school days of the student’s first day of instruction for the year” (Sonora ISD Student Handbook, p. 12, 2024).

katherinecrain1 — 2024-10-09 22:10:26 UTC

Develop and implement a risk management response plan if confidentiality were to be breached.
Implement security measures such as encrypting files and emails.
Evaluate and "maintain a list of all individuals or organizations that have requested or obtained a student's education records" (Case IQ, 2024).

katherinecrain1 — 2024-10-09 22:20:46 UTC

The American School Counselor Association (ASCA) Ethical Standards for School Counselors “specifies the obligation to the principles of ethical behavior necessary to maintain the highest standards of integrity, leadership, and professionalism” (ASCA, 2022).
Confidentiality - (American School Counselor Association, 2022, section A.2)
If an ethical dilemma such as confidentiality were to arise in my field of professional school counseling, I would refer to the ASCA Ethical Standards for School Counselors to obtain additional knowledge and guidance.

katherinecrain1 — 2024-10-09 22:51:56 UTC

The most important lesson that I learned is how being organized and informed is essential in protecting student's privacy. I also learned the importance of asking questions. Asking questions can help gain more knowledge as well as open a door of opportunity to help a family in need by offering outside support and resources. These connections most certainly helped me prioritize FERPA and student confidentiality as well as understand how easily confidentiality can be breached. My ultimate education goal is to create a comprehensive school counseling program. A road to success is raising awareness about student confidentiality while developing a plan if an ethical dilemma occurs.

katherinecrain1 — 2024-10-09 23:16:19 UTC

Establish an ethical environment that protects student information and data security.
Understand the laws, statutes, and regulations regarding student privacy such as FERPA.
Research local policies that are consistent with the laws.
Gain knowledge of the ASCA Ethical Standards for student confidentiality.
Stay up to date with changes in the laws that could effect the school or organization.
Inform all stakeholders of the laws and implications of violating student privacy.