Confidentiality in School Counseling by Kelly Davis

#1 My Professional Perspective

kdavis102_ — 2024-05-09 02:55:37 UTC

My name is Kelly Davis, and I am a graduate student in the Professional School Counseling Program at Angelo State University. This guide will help other school counselors who have questions about the issue of confidentiality in public schools. I chose this topic because it is one all counselors encounter in their careers, and need to know about.

#2 Governing Agency

kdavis102_ — 2024-05-09 03:03:21 UTC

The state agency that governs school counselors is Texas Education Agency (TEA). The Texas Education Code (TEC) was developed by the TEA, and it describes the school counselor's role of planning and implementing a Comprehensive School Counseling Program (CSCP) that includes the components of guidance curriculum, individual planning, responsive services, and system support (Agency, 2021).

The federal agency that governs school counselors is U.S. Department of Education. While most education policies are decide at the state level, there are some things that pertain to Texas public school and school counselors specifically. One is the Federal Educational Rights and Privacy Act (FERPA) and the Civil Rights Act(US Department of Education, 2017).

#3 Federal and State Constitutional Law

kdavis102_ — 2024-05-09 03:04:09 UTC

The Federal Educational Rights and Privacy Act (FERPA) is the federal law that applies to any educational institution that receives federal funds. (20 U.S.C. § 1232g; 34 CFR Part 99)

The law protects the privacy of student educational records, including counseling records. It gives persons with "legitimate educational interest" the right to access and view student records, and gives parents the right to access their child's records.

The Texas Education Code is the law governing Texas educators, including counselors, in regards to confidentiality 19. Tex. Admin. Code. §247.2 (2018)

#4 Statute and Administrative Law

kdavis102_ — 2024-05-09 03:05:02 UTC

Educ. Code Section 28.058
Confidentiality

All information regarding an individual student received by the commissioner under this subchapter from a school district or student is confidential under Chapter 552 (Public Information), Government Code. (Legislature, n.d.)

Administrative Law: FERPA 42 U.S.C. §1232g

#5 Common/ Case Laws

kdavis102_ — 2024-05-09 03:10:25 UTC

Doe v. Unified School Dist., 255 F. Supp. 2d 1239 (D. Kan. 2003)

*Mother of student (Barbara Doe) claims negligence of school staff, including counselor, in reporting claims of sexual abuse by Doe's stepfather.

They were not held liable, because it was the stepfather doing the harm.

#6 Federal Regulation/ Mandate

kdavis102_ — 2024-05-09 03:11:27 UTC

FERPA

TAC

My info kept disappearing as I researched. I don't know how to save in Padlet, I guess.

#7 Local Administrative Law/ Policy/ Rule

kdavis102_ — 2024-05-09 03:12:05 UTC

The San Angelo ISD handbook addresses privacy and confidentiality in regards to parents and students. San Angelo Independent School District Student Handbook. (2023).

#8 Risk Management Strategies

kdavis102_ — 2024-05-09 03:12:34 UTC

According to preyproject.com, one can keep student records safe by reviewing data privacy policies of third party tools and training staff in best practices.

#9 Ethical Principle in Code of Ethics

kdavis102_ — 2024-05-09 03:13:28 UTC

Sec. 33.004. PARENTAL INVOLVEMENT. (a) Each school shall obtain, and keep as part of the student's permanent record, written consent of the parent or legal guardian as required under Section 33.003. The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved.

#10 Personal Connection to the Legal/ Ethical Standards

kdavis102_ — 2024-05-09 03:14:19 UTC

I am thankful there are laws in place to govern confidentiality. Knowing what is required in regards to sharing with school personnel and parents is helpful, and I will do my best to follow those guidelines. Students have a right to privacy and confidentiality, but there are exceptions.

#11 Best Practices for Compliance/ Recommendations

kdavis102_ — 2024-05-09 03:15:08 UTC

*Know what the laws state.

*Print or book mark the places where you can quickly find the laws needed that pertain to your work.

*Document conversations with students and parents, and keep in secure place.

*Hard copy back ups or additional filed copies of pertinent information is helpful.

*The best interest of the student is our goal as counselors

References

kdavis102_ — 2024-05-09 03:21:58 UTC

Agency, T. E. (2021, May 17). School Counseling. Tea.texas.gov. https://tea.texas.gov/academics/college-career-and-military-prep/school-counseling

Legislature, T. (n.d.). Tex. Educ. Code § 28.058 – Confidentiality. Texas.public.law. Retrieved May 10, 2024, from https://texas.public.law/statutes/tex._educ._code_section_28.058#:~:

San Angelo Independent School District Student Handbook. (2023).

US Department of Education. (2017). Policy - ED.gov. Ed.gov. https://www2.ed.gov/policy/landing.jhtml?src=pn