As an aspiring school counselor in Texas, my professional perspective is shaped by my commitment to foster a safe, supportive, and ethical environment for students. In the field of education there is an emphasis on the importance of addressing academic, career, and personal/social development of all students. This comprehensive approach takes a thorough understanding of both the ethical standards and legal requirements that govern our practice. 

Audience

The primary audience for this legal guide includes current and future school counselors, educators, school administrators, and other stakeholders involved in student support services. Also, this legal guide could prove to be beneficial for parents and guardians who wish to understand the legal and ethical standards that protect their children.

Topic of Confidentiality and Privacy

Confidentiality is a founding principle of the counseling profession. School counselors in Texas are bound by both ethical guidelines and legal requirements to protect the privacy of their students. However, maintaining confidentiality can become challenging when trying to balance the needs of students with those of their parents, school administrators, and law enforcement. School counselors in Texas are having to navigate the Family Educational Rights and Privacy Act (FERPA), which governs the privacy of student education records, while also adhering to the American School Counselor Association (ASCA) Ethical Standards (Stone, 2017).

Why this topic

The reason I chose the topic of confidentiality and privacy is because they are the most challenging and impactful aspects in school counseling. Confidentiality is essential in building strong relationships with students. Having that trust between the counselor and the student is when real success for the student can begin to happen. This has to be balanced between the legal and ethical duty to protect students from harm.

Reference

Stone, C. B. (2017). Ethics and law: School counseling principles. American School Counselor Association. 

• Family Educational Rights and Privacy Act (FERPA): FERPA is a federal law that serves as protection for privacy of student education records. The U.S. Department of Education enforces FERPA, ensuring that schools comply with the regulations regarding the handling and disclosure of student information (Stone, 2024).

Responsibility of Compliance:

• School Administration and Counselors: School administrators and school counselors are responsible for ensuring that students records are handled in compliance with FERPA. This would also include limiting access to these records and obtaining the parents consent or eligible student consent before disclosing student information (Stone, 2024).

Reference

Stone, C. (2024, June). FERPA: the ever-changing federal statute. ASCA School Counselor, 61(5). 

• The Fourth Amendment to the Constitution protects privacy of individuals, more specifically against unreasonable searches and seizures. In the context of school counseling, this amendment influences the privacy rights of students regarding their educational records and personal information. Failure to comply could result in legal action against the school and or the counselor.

• “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (U.S. Const. amend. IV).

Texas State Constitution:

• Article l, Section 9 of the Texas Constitution serves as protection against unreasonable searches and seizures much like the Fourth Amendment to the Constitution. This reinforces the need to respect the privacy of student records and personal information. Failure to comply could result in legal action at the state level and potential disciplinary action against the counselor (Tex. Const. art. I, § 9). 

Reference

Texas Constitution Article I, § 9.

United States Constitution Amendment  IV.

Texas Education Code § 26.004 outlines the rights that parents have regarding access to their child’s educational information and records. School counselors in the state of Texas must adhere to the state laws that govern the disclosure of student records to parents, and ensure they respect parent’s rights to access this information. School counselors who do not adhere to this could face legal challenges from parents and potential state-level penalties against the school and or counselor (Tex. Educ. Code § 26.004).

State Administrative Law:

Texas Administrative Code, Title 19, Part 7, Rule § 247.2, also known as the Code of Ethics and Standard Practices for Texas Educators, really lays the foundation for educators, including the requirement to maintain the confidentiality of student records and information. School counselors should adhere to these ethical standards, and make sure that students records are only shared in accordance with state and federal laws. Not adhering to this can lead to disciplinary action by the Texas Education Agency, and coils possibly lose their certification (19 Tex. Admin. Code § 247.2).

Reference

Texas Education Code § 26.004

Texas Administrative Code, Title 19, Part 7, Rule §247.2

In Owasso Independent School District V. Falvo (2002), the Supreme Court addressed whether peer grading of student assignments violated FERPA. The plaintiff, Falvo, argued that having students grade each other’s work and call out the grades of their peers violates the privacy of educational records. The Court ruled that peer grading does not violate FERPA. The reason is that students grades prior to a teacher recording the grade does not constitute as “educational records” as it is defined by FERPA, therefore it is not subject to its confidentiality requirements. This case helps define what constitutes as educational records under FERPA, proving the importance for school counselors to understand and make sure they are in compliance with FERPA to maintain student confidentiality. This ruling emphasizes the need for school counselors to be knowledgeable about FERPA to appropriately protect student information (Owasso Independent School District v. Falivo, 2002).

Reference

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002).

Reference

Code of Federal Regulations, Title 34, Part 99.

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

Reference

Levelland ISD. (2023). Levelland ISD 2023-2024 employee handbook. 

• Regular Training: Train school counselors and staff on FERPA regulations, ethical standards, and best practices

• Clear Policies and Procedures: Develop and enforce clear policies and procedures for handling , storage, and sharing of student information

• Secure Communication Channels: Implement secure communication channels for sharing sensitive information

• Regular Audits: Conduct regular audits to ensure compliance with FERPA and district policies

The American School Counselor Association (ASCA) Ethical Standards for school counselors mandates the protection of student confidentiality. Standard A.2 outlines that school counselors must protect the confidentiality of their students’ records and personal information. Making sure that school counselors only disclose information when legally required to, in order to prevent serious and foreseeable harm (ASCA, 2022). This standard directly impacts the way that school counselors manage student records and personal information, ensuring that it is only shared with authorized individuals.

Reference

American School Counselor Association. (2022). Ethical standards for school counselors. ASCA.

References

U.S. Department of Education. (2023). Family educational rights and privacy Act (FERPA).

American School Counselor Association. (2022). Ethical standards for school counselors.

Smith, J. (2020). Educational law and ethics. Education Publishing House.