Topic: Parent Rights vs Student Privacy

Professional Perspective: As a future school counselor, I will have to balance between advocating for my students' privacy and complying with the laws for parents' rights.

Why: I chose this topic because it will affect my daily life as a school counselor, especially with the new laws that have been passed recently, which require parental consent before counseling can take place.

The U.S. Department of Education oversees FERPA, which gives parents the right to access their child's educational records until they turn 18. It also limits the identifiable information of a student without parental consent (U.S. Department of Education, 2021).

American School Counselor Association Ethical Standards (2022) describes a balance of student confidentiality and parental rights. It also guides counselors on protecting students' privacy while also involving parents when necessary.

I learned at the federal level that a complaint department keeps accountability enforced.

State Level:

The Texas Education Code §26.004 guarantees parent access to student records and §26.009 requires parental consent for psychological exams, tests, or treatments (Texas Education Code, 2023).

Senate Bill 12 is a new bill that was recently passed, requiring parental consent for mental health services, even for short-term counseling (TEA, 2025).

The Texas Educator's Code of Ethics encourages parent transparency by requiring parental access to student information (TEA, 2023).

I learned that at the state level, TEA keeps all accountable by performing audits and putting sanctions on those who are not compliant.

School Counseling:

• School counselors must come up with ways to gain consent from parents.

• School counselors must make it clear and well known what can be accessed and what will remain confidential.

Gonzaga Univ. v. Doe, 536 U.S. 273 (2002). https://supreme.justia.com/cases/federal/us/536/273/

Leander ISD. (2025, August 8). Set your consent: School counseling services for your child. Leander ISD News. https://news.leanderisd.org/set-your-consent-school-counseling-services-for-your-child/

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002). https://supreme.justia.com/cases/federal/us/534/426/

Texas Administrative Code. (2023). Title 19, Part 7, Chapter 247, Subchapter A, Rule §247.2: Code of ethics and standard practices for Texas educators. Texas Secretary of State. https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=7&ch=247&sch=A&rl=Y

Texas Education Agency. (2023). Texas educators’ code of ethics. https://tea.texas.gov

Texas Education Agency. (2025, August 28). SB 12: Required parental rights form and right to health-related services information. https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/sb-12-required-parental-rights-form-and-right-to-health-related-services-information

Texas Education Code. (2023). Parent rights and responsibilities (Chapter 26). Texas Constitution and Statutes. https://statutes.capitol.texas.gov

U.S. Department of Education. (2021). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa

• Source of Law - U.S. Constitution, 14th Amendment

• Link - https://constitution.congress.gov/constitution/amendment-14/

• The 14th Amendment (U.S. Const. amend. XIV) protects the rights of parents to make the decisions regarding the care of their child.

• Requires due process before a district can go against these rights.

• This law supports FERPA, which gives parents access to their child's educational records.

State Constitutional Law:

• Source of Law - Texas Constitution, Article I, Bill of Rights

• Link - https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

• Article I (Tex. Const. art. I, 2023) gives everyone the right to privacy, liberty, and due process.

• This is the foundation that helped create parental rights regarding education.

• This law supports Texas Education Code §26.009, which requires parental consent for counseling

• Source of Law: Texas Education Code, Chapter 26 (Texas Education Code, §26.009) gives the right to parents to opt in to counseling for their child.

• Link - https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.009

• Schools must receive consent from parents before counseling can take place.

• This statute can be bypassed if it is decided that there is an emergency or a safety risk.

• Gives more say to parents when it comes to the mental health services provided to their child.

Administrative Law:

• Source of Law: Texas Administrative Code §247.2 - Educators’ Code of Ethics

• Link: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=7&ch=247&sch=A&rl=Y

• Educators’ Code of Ethics (Texas Administrative Code, §247.2) requires counselors to be professional, honest, and have integrity.

• Counselors must protect the privacy of the student while also following the laws of parental rights.

• It also helps guide counselors in their decision-making when it comes to balancing ethics and laws.

• A parent argued that students should not be able to grade another student's work and see their grade because this violates FERPA.

• The judge ruled that the papers being graded by other students were not an educational record, so FERPA did not apply.

• Because of this case, the wording for FERPA was changed to describe in more detail what qualifies as an educational record.

Gonzaga University v. Doe, 536 U.S. 273 (2002)

• Link: https://supreme.justia.com/cases/federal/us/536/273/

• A student at a university sued the school because he felt his information was given out without his consent.

• The judge ruled that an individual can not sue a school under FERPA. Only the U.S. Department of Education can enforce FERPA.

• Link: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

• Requirements:

  - Gives parents the right to access their child's records until the age of 18

  - A school must have consent from a parent/guardian before releasing information about a student.

• Source: Leander ISD - SB 12

• The district (Leander ISD, 2025) states that schools are now required to gain parental consent before giving some counseling services.

• Some of these services include: guidance lessons, well-being questionnaires, and the second step curriculum.

• Because of this new law, counselors must create processes for collecting and tracking consent forms.

• Counselors must also work to provide information to parents about the consent and what they are consenting to.

• A good system will protect the school from liability.

Ensure counseling notes are separate from educational records (ASCA Ethical Standards, 2022)

• A counselor can take notes when providing services to a student without having to grant parents access.

• The notes can not be shared and must stay separate from educational records.

• A good practice would be to keep the notes in a locked drawer or in a computer file that is password-protected.

Counselors should provide training for the staff about student privacy laws and ethical standards (ASCA Ethical Standards, 2022)

• Counselors can provide insight into FERPA and new laws as they pertain to the students.

• Counselors can also host professional development and discuss ASCA ethics.

• This will reduce the risk that privacy laws will be broken and protect the students, as well as staff.

• Link: American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://schoolcounselor.org

• Counselors must protect the privacy of the student.

• The standard encourages parent involvement, but also considers student privacy. The counselor must find the balance.

• Connection: A school counselor must be up to date on all laws and standards in order to protect the student while honoring parent rights as well. When thinking about confidentiality, a counselor must think about ethical standards, parents' rights, and the safety of the student.

I feel that the connection between laws and ethics will give me the tools I need to be a great advocate for my students. They have reinforced my belief that school counselors should act in the best interest of the students while still supporting the families with integrity and honesty. Ultimately, being well-informed of these laws has helped with my educational goals by motivating me to be a school counselor who can be compassionate while also doing what is right legally and ethically at the same time.