In-text citation: (ASCA, 2022)

Reference:

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

In-text citations: (U.S. Department of Education, 2023; Texas Education Agency [TEA], 2023)

References
U.S. Department of Education. (2023). Family Educational Rights and Privacy Act (FERPA). https://studentprivacy.ed.gov/ferpa
Texas Education Agency. (2023). Counseling, advising, and student support. https://tea.texas.gov/academics/college-career-and-military-prep/school-counseling

• Protects student education records

• Parents have rights until the student turns 18

• Disclosure without consent is allowed in health/safety emergencies (20 U.S.C. § 1232g, 1974)

• Link: https://www.govinfo.gov/app/details/USCODE-2017-title20/USCODE-2017-title20-chap31-subchapIII-part4-sec1232g

State Constitution
Law: Texas Constitution – Education Code § 26.009

• Parental rights to access student records

• Aligns with FERPA but may include state-specific mandates (Tex. Educ. Code § 26.009)

• Link: Texas Education Code: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

In-text citations: (20 U.S.C. § 1232g, 1974; Tex. Educ. Code § 26.009)

References
20 U.S.C. § 1232g. (1974). Family Educational Rights and Privacy Act (FERPA). https://www.law.cornell.edu/uscode/text/20/1232g
Texas Education Code § 26.009. (n.d.). Access to student records. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

• Mandates professionals (including school counselors) to report suspected child abuse or neglect

• Reporting is required within 48 hours

• "PERSONS REQUIRED TO REPORT; TIME TO REPORT. (a) A person having reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter." (Tex. Fam. Code § 261.101)

• Link: Texas Family Code https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Administrative Law: FERPA regulations (34 CFR Part 99)

• Details the process and exceptions for educational record sharing

• Allows disclosure in emergency situations to protect student or others (34 C.F.R. § 99, 2023)

• "The purpose of this part is to set out requirements for the protection of privacy of parents and students under section 444 of the General Education Provisions Act, as amended." (Authority: 20 U.S.C. 1232g)

• Link: FERPA Regulations https://www.ecfr.gov/current/title-34/subtitle-A/part-99

In-text citations: (Tex. Fam. Code § 261.101; 34 C.F.R. § 99, 2023)

References
Texas Family Code § 261.101. (n.d.). Persons required to report; time to report. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
34 C.F.R. § 99. (2023). FERPA regulations. https://www.ecfr.gov/current/title-34/subtitle-A/part-99

• Established the "duty to warn," requiring mental health professionals to breach confidentiality if a client poses a serious risk of violence to others. (Tarasoff v. Regents, 1976)

• The court held that "the protective privilege ends where the public peril begins," emphasizing the responsibility to protect potential victims over maintaining client confidentiality. (Tarasoff v. Regents, 1976)

• This duty arises when a therapist determines, or should determine, that a patient presents a serious danger of violence to another.

• While originating in California, the Tarasoff decision has influenced laws and professional ethics across the United States

• Though not a school case, it is foundational in informing mental health and school counseling practice

• Source of Law: Common Law (California Supreme Court Decision)

• Link: Tarasoff v. Regents of Univ. of Cal.

  
  

In-text citation: (Tarasoff v. Regents of the University of California, 1976)

Reference
Tarasoff v. Regents of the University of California, 17 Cal.3d 425, 131 Cal. Rptr. 14, 551 P.2d 334 (1976). https://law.justia.com/cases/california/supreme-court/3d/17/425.html?utm_source=chatgpt.com

• Emphasizes school climate, mental health, and safety (ESSA, 2015).

• Encourages partnerships for student well-being while maintaining compliance with FERPA

• Link: Every Student Succeeds Act

In-text citation: (Every Student Succeeds Act [ESSA], 2015)

Reference
Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/bill/114th-congress/senate-bill/1177/text

• Aligns with FERPA and state laws

• Describes when confidential student information can be released (Austin ISD, 2023)

• Includes exceptions for safety, parental rights, and legal mandates

• Link: Board Policy Manual

In-text citation: (Austin ISD, 2023)

Reference

Austin Independent School District. (2023). FL (Local) Student records policy. https://pol.tasb.org/Policy/Download/1166?filename=FL(LEGAL).pdf

• Consult regularly with supervisors or legal counsel in uncertain situations.

• Document all concerns, actions, consultations, and outcomes related to confidentiality breaches or risk reports.

• Use a decision-making model, such as ASCA’s ethical decision-making model, to guide actions.

In-text citation: (Stone, 2017)

Reference

Stone, C. (2017). School counseling principles: Ethics and law (4th ed.). American School Counselor Association.

In-text citation: (ASCA, 2022)

Reference
American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

• This project has helped me understand how legal mandates and ethical principles intersect in real-world school counseling.

• I now see how confidentiality is not absolute and must be balanced with duty to protect.

• Learning about mandatory reporting and legal precedent gives me the tools to make informed decisions.

Feelings about the connections:

• I feel more confident knowing I have legal and ethical guidance to navigate tough decisions.

• I appreciate the need for continuous professional learning in this area.

• This knowledge has shaped my goal of becoming a legally informed and ethically grounded school counselor.

In-text citation: (Stone, 2017; ASCA, 2022)

References
Stone, C. (2017). School counseling principles: Ethics and law (4th ed.). American School Counselor Association.
American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities