Legal and Ethical Guide by Stacey Self https://padlet.com/sself41/ujl126wf876rji7i en-us 2023-03-05 23:18:05 UTC 2025-05-04 08:25:02 UTC hello@padlet.com Slide 1: Professional Perspective/Audience/Topic sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504312052 School counselors need to build trust with their students to be able to help them academically and mentally, which comes from a student understanding that the information shared with a school counselor is kept confidential. Parents do have the right to information in any educational records of their student. It is my perspective that students are informed of the limits of confidentiality during their time with the student, but also helping the student understand the reasoning for that limit and creating a plan with the student to deal with the issue.  

I chose this topic because it is going to be a topic I will face during my time as a school counselor. I want to be fully informed of my rights and limitations. 


]]> 2023-03-06 00:55:39 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504312052 Slide 2: Governing Agency sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504315932 A governing agency over the ethical standards for a school counselor is the American School Counselor Association (ASCA). According to the ASCA (2022), school counselors “recognize their primary ethical obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives.” School counselors are required to follow the ethical standard provided by the ASCA and can be held accountable when the standards are broken.

Reference:
American School Counseling Association (2022). ASCA Ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)]]> 2023-03-06 00:59:32 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504315932 Slide 3: Constitutional Laws sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504320628 U.S. Constitutional Law:
U.S. Const. amend. XIV, § 2

“The Supreme Court has at times suggested that the privacy right protected by the Constitution encompasses a right to informational privacy or confidentiality” (Constitution Annotated, n.d.).

https://constitution.congress.gov/browse/amendment-14/#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.

Texas Law:
Tex. Const. art. 1, § 19. This law states that privileges cannot be deprived, such as the right to privacy as stated in the U.S. Constitution. 

The potential consequence of not adhering to these laws is a risk of court/legal actions or a loss of certification.

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#:~:text=Sec.-,1.,unimpaired%20to%20all%20the%20States.


Reference:
Constitution Annotated. (n.d.) Amdt 14.S1.6.3.3 informational privacy, confidentiality, and substantive due process. https://constitution.congress.gov/browse/essay/amdt14-S1-6-3-3/ALDE_00013818/



]]> 2023-03-06 01:04:02 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504320628 Slide 4: Statue/Administrative Law sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504322550 Statue:
Federal: The Family Educational Rights and Privacy Act [FERPA], (1974) impacts the confidentiality school counselors have in their practice. This law states that parents “have the right to inspect and review the student’s education records maintained by the school” (FERPA, 1974). This includes school counseling records.
https://www.ecfr.gov/current/title-34/subtitle-A/part-99

State: The Texas Education Code (2 Tex Educ. Code §33.005) states that a school counselor implement a program that conforms to the Texas Model for Comprehensive School Counseling Program. The Texas Model (TEA, 2018), states that school counselors adhere to the ethical standards from the ASCA.
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.4.htm

Not adhering to this could bring legal consequences or revocation of certification. 

Administrative Law:

Federal: The Department of Education ensures privacy of confidential information through the policies of the department, such as the Freedom of Information Act. 5 U.S. Code § 552
https://www.justice.gov/oip/freedom-information-act-5-usc-552#:~:text=Except%20to%20the%20extent%20that,Register%20and%20not%20so%20published.

State: 25 Tex. Admin. Code.§448.210

It states that “providers shall protect the privacy of individuals served and shall not disclose confidential information without express written consent, except as permitted by 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=25&pt=1&ch=448&rl=210#:~:text=Texas%20Administrative%20Code&text=The%20provider%20shall%20protect%20the,except%20as%20permitted%20by%20law.

Reference:
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (1974).  https://www.govinfo.gov/app/details/USCODE-2011-title20/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g

]]> 2023-03-06 01:05:56 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504322550 Slide 5: Common or Case Law sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504327632 A lawsuit (Child & Parental Rights Campaign v. Clay County School District) was brought against Clay County Schools in Florida. The parents are suing the district stating that they were unaware of meetings between the school counselor and their minor child. They were not informed until the student attempted suicide on campus. The parents also stated that the school counselor failed to inform the parents of the student’s gender identity confusion.  A news report, Joe Mclean (2022), states that the school district argued there was not a specific right violated.

Reference:
McLean, J. (2022, March 3). Clay county schools asks judge to dismiss lawsuit filed in gender identity case. https://www.news4jax.com/news/local/2022/03/02/clay-county-schools-asks-judge-to-dismiss-lawsuit-filed-by-anti-lgbtq-parents-lawyer/]]> 2023-03-06 01:10:45 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504327632 Slide 6: Federal Regulation sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504334134 The overarching regulation on school confidentiality the ASCA Ethics Standards that all school counselors must follow. In Texas, The Texas Education Code (2 Tex Educ Code §33.005) states that a school counselor implement a program that conforms to the Texas Model for Comprehensive School Counseling Program. In the Texas Model (TEA, 2018), it states that school counselors adhere to the ethical standards from the ASCA.

This impacts the topic of confidentiality as a school counselor and the parental rights by laying out the limits on confidentiality for students. 

Reference:
Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf. 


]]> 2023-03-06 01:16:38 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504334134 Slide 7: Local Administrative Law/ Policy/ Rule sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504369196 San Antonio ISD (2007) states the district is not required to release student records, except for conformity with FERPA. The reason for the policy is to inform the public of their public information rights and what is not allowed to be shared. It also describes that students records will be kept confidential, unless required by law.

https://www.saisd.net/upload/page/0047/docs/GBALEGAL.pdf

Reference:
San Antonio Independent School District. (2007, October 5). Public information program access to public information. https://www.saisd.net/upload/page/0047/docs/GBALEGAL.pdf
]]> 2023-03-06 01:48:29 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504369196 Slide 8: Risk Management sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370213 -If confidentiality is broken, the school counselor can be subject to ethical liability. Also, if a school counselor does not provide the parents with the education school records of their student, the school counselor can be subject to legal consequences.

-It is unethical to share information about students’ counseling sessions with others in the school. Doing so could lead to reporting to the administration and, if severe, revoked certification.

-If a school counselor refuses to provide parents with confidential information provided during a counseling session, the parents can bring legal matters against the school. To prevent this from happening, the school counselor must provide the student with the limits of confidentiality. The school counselor can make sure all records kept are factual and do not have information on others included in session notes.

https://www.researchgate.net/profile/H-Glosoff/publication/234700799_Privacy_and_Confidentiality_in_School_Counseling/links/0f31753c545050206f000000/Privacy-and-Confidentiality-in-School-Counseling.pdf]]> 2023-03-06 01:49:19 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370213 Slide 9: Ethical Principle sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370516 The Code of Ethics for school counselors are from the American School Counselor Association (ASCA). ASCA (2022) states their standards are the ethical responsibility of all school counseling professionals. This states that all students have the right to confidentiality within legal parameters. School counselors are ethically required to inform students of their limits of confidentiality.

Reference:
American School Counseling Association (2022). ASCA Ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)]]> 2023-03-06 01:49:35 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370516 Slide 10: Personal Connection sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370885 As a future school counselor, most local policies for my school district will relate to state-level and federal-level policy. This means that I will need to make sure that I am aware of all levels of the policies and laws that affect my role as a school counselor. It is my responsibility to stay current on any new laws in my profession. 

I feel confident in my ability to understand the laws and regulations that affect my job. Understanding these laws pave a way for me to stand up for wrongs in my profession. I will be able to identify when a stakeholder is not following policy or the law, which will allow me to speak up and get it corrected. ]]> 2023-03-06 01:49:54 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504370885 Slide 11: Recommendations/Best Practices for Compliance sself41 https://padlet.com/sself41/ujl126wf876rji7i/wish/2504371395 - When talking with students as a school counselor, make sure to provide the student with an age-appropriate understanding of the limits of confidentiality. 

-Parents have a right to the educational records of their child, which includes school counseling notes. 

-School counselors can consult with other school counseling professionals or the American School Counselor Association on ethics within the profession when making decisions.

-The best practice for a school counselor and confidentiality is to always protect the private information of the student from school staff. Never speak about what the student says during a session. 

-A school counselor should keep all counseling notes confidential and factual. They can be subpoenaed. 

-It is best practice to get consent forms completed yearly by parents for counseling services. A school counselor should also, as a courtesy, inform the parents when the student is seeking counseling or participating in small group counseling. ]]> 2023-03-06 01:50:20 UTC https://padlet.com/sself41/ujl126wf876rji7i/wish/2504371395