Legal Guide: Confidentiality in Schools for School Counselors by Samantha Nally https://padlet.com/smadsen11/tn9gc98na6dtnsb3 en-us 2023-07-05 19:12:42 UTC 2023-07-19 23:06:45 UTC hello@padlet.com #1 Professional Perspective/Audience/Topic smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965505 My name is Samantha Nally and I am currently a graduate student at Angelo State University studying Professional School Counseling. I am planning to become a school counselor at the elementary school level. My topic for this assignment is confidentiality within the school counseling parameters. I chose this topic because it is one of the most important things to know and understand in this career field, and one that not many people understand or respect.]]> 2023-07-05 19:19:06 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965505 #2 Summary of Topic smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965608 This topic is important because many students are led to believe that what they share with a school counselor is and will stay private. While that is the case in many situations, there are still scenarios in which school counselors are legally required to notify parents or the authorities. Additionally, some teachers do not understand confidentiality and it is important that the school counselor is able to inform these teachers of confidentiality and not share what was said in the school counselor office unless the student requested this information be shared with the teacher or if the teacher is on a needs-to-now basis. It is important to know what must remain confidential, what must be reported, and know your students rights. 

A common issue with confidentiality at this time is students sharing with the counselor that they are struggling with their sexual orientation, or gender, and parents are not being notified. Parents are upset when they find out that these conversations are being had at school. However, since the student is not in danger, or in danger of harming themselves or others and have permission to speak with the school counselor, school counselors are not required to discuss these concerns with the students parents. ]]> 2023-07-05 19:19:23 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965608 #3 Professional Association smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965696 Attached is an article that was published by the American Counseling Association. In this article, the author provides the reader with scenarios in which the school counselor must determine whether or not a breach in confidentiality occurred. Essentially, it describes the process a school counselor should take to determine the next steps. 

American Counseling Association. (2017). To tell or not to tell: The fine line between minors' privacy and others' rights to know. Counseling Today. https://www.counseling.org/docs/default-source/ethics/ethics-columns/ethics_october-2017_minor-privacy.pdf?sfvrsn=a25522c_6 ]]> 2023-07-05 19:19:34 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965696 #4 Current News Articles smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965831
  • The Maine Department of Education is attempting to adopt a law that states “that school counselors should not be required to divulge information from student counseling sessions to parents” (Portland Press Herald, 2023, para 2). 
  • Parents believe that school counselors should have to share what is discussed in a private session between their child and the school counselor. 
  • Professionals believe that students are less likely to seek help from the school counselor if they know what they discuss will be shared with their parents.
    • Portland Press Herald. (2023). Clash over parents' and students' rights at hearing about school counselor rules. https://www.pressherald.com/2023/04/06/rights-of-parents-and-students-clash-at-hearing-about-school-counselor-rules/

    ]]>     2023-07-05 19:20:02 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965831     #5 Current News Articles smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965855
  • A teacher has a difficult student that she knows transferred to her school with several files. When she approaches the counselor for information, the school counselor refuses to disclose information from the files. 
  • The school counselor has an ethical obligation to keep student information private. While the school counselor cannot divulge explicit information, they can inform the teachers of any special needs a child might need in order to be successful in the classroom. 
    • Kappan. (2019).  Teacher is upset with counselor for withholding information. https://kappanonline.org/fagell-teacher-counselor-withholding-information-troubled-student/ 
    ]]>     2023-07-05 19:20:07 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965855     #6 Original Sources of Law at Federal or State Level smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965969
  • Law: The Individuals with Disabilities Act
  • Reference List Citation for the Original Law: Individuals with Disabilities Act, 34 C.F.R. § 300.9
  • Source of Law: Administrative Law
  • URL if possible to the law: https://sites.ed.gov/idea/regs/b/a/300.9
  • Brief summary: The Individuals with Disabilities Act (IDEA), is a federal law. Section 300.9 of IDEA discusses parents having the power to allow or consent to their child participating in certain activities at school, such as visiting with the school counselor.

    • ]]>     2023-07-05 19:20:23 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638965969     #7 Original Sources of Law at Federal or State Level smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966026
    ]]>     2023-07-05 19:20:27 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966026     #8 Original Sources of Law at Federal or State Level smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966052
  • Law: 1966 Supreme Court Jaffee v. Redmond
  • Reference List Citation for the Original Law: Jaffee v. Redmond, 518 U.S. 1, (1966).
  • Source of Law: Judicial Law
  • URL: https://www.apa.org/about/offices/ogc/amicus/jaffee Explanation p. 6:https://www.researchgate.net/profile/H-Glosoff/publication/234700799_Privacy_and_Confidentiality_in_School_Counseling/links/0f31753c545050206f000000/Privacy-and-Confidentiality-in-School-Counseling.pdf 
  • Brief summary: In the Supreme Court Case: Jaffee v. Redmond, the courts determined that conversation that happened in confidence between the defendant and their psychotherapist was protected, which resulted in the therapist not having to testify against their patient. Districts have used this ruling to help determine limitations of confidentiality in the school counselor student relationship.

    • ]]>     2023-07-05 19:20:34 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966052     #9 Original Sources of Law at Federal or State Level smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966114
  • Law: Texas Administrative Code
  • Reference List Citation for the Original Law: Privacy and Confidentiality, 22. Tex. Admin. Code. § 465.12 
  • Source of Law: Administrative Law
  • URL if possible to the law: 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=22&pt=21&ch=465&rl=12 
  • Brief summary: Section 465.12 of the Texas Administrative Code, indicates that the school counselor must provide students and their families explicit information and limitations on confidentiality and privacy.

    • ]]>     2023-07-05 19:20:47 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966114     #10 Policy or Rule from a School or Institution - Administrative Law smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966169
    ]]>     2023-07-05 19:20:58 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966169     #11 Ethical Principle smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966265 Section A.2 of the American School Counselor Association Ethical Standards discuss confidentiality. This section explains the limitations of confidentiality, receiving informed consent, mandated reporting, advocating and keep confidentiality virtually.

    American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]>     2023-07-05 19:21:08 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966265     #12 Non-Law Source smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966332 This conference proceeding discusses ethical dilemmas a school counselor might face when discussing student needs with other school staff. It can be difficult to inform teachers of student needs, without divulging too much and breaking confidentiality. This paper provides the reader with recommendations and steps to take to ensure no issues or dilemmas arrise.

    Iyer & Baxter-MacGregor. (2010). Ethical dilemmas for the school counselor: Balancing student confidentiality and parents’ right to know. NERA Conference Proceedings 2010. Paper 15. https://opencommons.uconn.edu/nera_2010/15/?utm_source=digitalcommons.uconn.edu%2Fnera_2010%2F15&utm 

    ]]>     2023-07-05 19:21:20 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966332     #13 Bulleted list of Recommendations / Best Practices for Compliance smadsen11 https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966411 Throughout my research, I learned about several laws that protects student confidentiality. These laws are at the federal, state, and local level. While students do have a right to confidentiality, it is important that school counselors understand informed consent and any laws in regards to the student being a minor, and what information should be made privy to their parents. Below I have provided some recommendations to ensure schools and their school counselors remain in compliance. 
    • At the beginning of the school year, create a permission slip that parents sign to provide consent that will allow their child to participate in activities the school counselor provides. Parents should be made aware of student confidentiality at this time. 
    • Host a staff meeting to discuss and inform teachers and school staff of the importance of confidentiality, refraining from discussing student information with colleagues that are not on a need to know basis, and how to refer students to the school counselor.
    • If you must discuss a student with another staff member via email, use the students initials only and take time to schedule a private meeting with the other staff member. 
    • Take time to familiarize yourself with laws regarding confidentiality and reviewing ethical standards set forth by the American School Counselor Association and your district every year, as things can change.
    • When a student visits with a school counselor, information shared should not be added to their educational records. However, it is important to keep a log of when students visit, and for how long. In this log, you may choose to take notes on conversations discussed so that you can review them prior to meeting with the student again. This log should only be viewed by the school counselor and locked away when not in use. 
    • While it is very important to verbally inform students of what cannot remain confidential, a written reminder in your office, easily viewed by the student is recommended.
    ]]>     2023-07-05 19:21:33 UTC https://padlet.com/smadsen11/tn9gc98na6dtnsb3/wish/2638966411