Respecting Privacy in School Counseling by Lauren Gadberry

Slide #1 Professional Perspective

lgadberry1 — 2024-07-13 16:50:25 UTC

As a future counselor at a Christian middle and high school, I am mindful of the importance of respecting privacy. At a smaller school, parents are usually more involved and want to be 'in the know.' This may be a good thing in certain situations, but there comes a point where certain agreements must be respected between counselor and student. Last year, as the Student Life Coordinator for my school, there was a situation where the student struggled with parents divorcing and home life. Although the parents were aware of this, they contacted me several times by email, phone, and in person to gain insight into the situation at home from the child's perspective. Taking a closer look at privacy issues related to student-counselor conversations would greatly benefit me in my current position.

Slide #2 Summary of Topic

lgadberry1 — 2024-07-13 16:50:59 UTC

Respecting privacy as a student counselor is paramount to maintaining trust and facilitating effective counseling sessions. This also means safeguarding sensitive information from unauthorized access or disclosure, whether in verbal, written, or electronic form. Furthermore, counselors should inform students about the limits of confidentiality and the circumstances under which confidentiality may need to be breached, such as if harm to the student or others is imminent. A supportive and safe environment is created when students feel comfortable seeking assistance and discussing personal issues openly.

Slide #3 Professional Association

lgadberry1 — 2024-07-13 16:51:25 UTC

Trust and confidence are essential ingredients for a successful relationship between students and their school counselors. However, school counselors must inform students that there are exceptions to confidentiality in which they are required to share information obtained in the counseling relationship with others. Breach of confidentiality is necessary for preventing serious harm to students or others as well as adhering to legal requirements, such as state and local laws (American School Counselor Association, 2022). Students' confidentiality is prioritized and protected by school counselors, ensuring a safe and trusting environment.

American School Counselor Association. (2022). Ethical standards for school counselors. Alexandria, VA: Author.

Slide #4 Current News Articles

lgadberry1 — 2024-07-13 16:52:04 UTC

Counselors and other educators in Texas are routinely faced with issues pertaining to student records and information. School counselors must make decisions concerning the receipt, safekeeping, and distribution of such information (Counselors Making the Right Call, 2021). Counselors and other educators are required to adhere closely to the following student confidentiality guidelines, and certain situations may force them to make difficult decisions.

Counselors making the right call. (2021, August 18). TCTA. https://www.tcta.org/legal-updates/counselors-making-the-right-call

Slide #5 Current News Articles

lgadberry1 — 2024-07-13 16:52:13 UTC

There is a reluctance on the part of some parents to support their children in meeting with a school counselor. They may be concerned that the child will disclose "family secrets," which then spread across the school (Unknown, n.d.). It could be that all the teachers in the faculty lounge learn about a student's specific problems and hold it against them. For a counseling relationship to be effective, a student's right to privacy and confidentiality must be respected. School counselors must maintain confidentiality by not sharing students' disclosures with others except when the student authorizes it or there is a clear and present danger to the student and/or others.

Unknown, U. (n.d.). What parents need to know about confidentiality. Unknown. https://www.rsd.k12.pa.us/Downloads/What%20Parents%20Need%20to%20Know%20About%20Confidentiality.pdf

Slide #6 Original Sources of Law - Federal

lgadberry1 — 2024-07-13 16:53:28 UTC

Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records (20 U.S.C. § 1232g; 34 CFR Part 99). As a result of this federal law, educational institutions are required to provide appropriate parties with access to student records and personally identifiable student information, while strictly maintaining the confidentiality of such information. An educational record is defined as information directly related to a student and maintained by an educational institution or its representative. Therefore, since educational records would classify under FERPA, sharing counseling notes would be in violation of this Federal law.

Slide #9 Original Sources of Law - State Level

lgadberry1 — 2024-07-13 16:54:00 UTC

The Texas Education Code Chapter 33, discusses in depth the duties and responsibilities of a school counselor. A school counselor's responsibility is to protect students' privacy unless there is a risk of harm. When sharing information, always seek informed consent from students and respect their boundaries. Communicate openly about confidentiality to build trust, and be aware of exceptions such as child abuse or imminent danger where confidentiality may need to be breached. It is counselors' responsibility to uphold these principles so that students feel supported and their privacy is respected (Tex. Educ. Code § 33.002).

EDUCATION CODE CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES. (n.d.). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Slide #8 Original Sources of Law - State Level

lgadberry1 — 2024-07-13 16:54:21 UTC

There is a California Education Code that says that any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential (Cali. Educ. Code § 49602). Without the written consent of the person who disclosed the confidential information, it shall not be part of the pupil record. The information shall not be revealed, released, discussed, or referred to, except if it is harming themselves or others.

Confidentiality, privileged communication and your legal muscle - American School Counselor Association (ASCA). (n.d.). https://www.schoolcounselor.org/Magazines/March-April-2012/Confidentiality,-Privileged-Communication-and-Your#:~:text=The%20complete%20California%20Education%20Code,in%20Section%2049600%20is%20confidential.

Slide #10 Policy or Rule from a School or Institution - Administrative Law

lgadberry1 — 2024-07-13 16:55:07 UTC

Dumas ISD has a policy in place to protect their students records from conversations with the school counselor. The policy also outlies that in spite of the importance of keeping students' conversations with their school counselors confidential, confidentiality does have some limitations. Counselors are required to keep information confidential unless a legal requirement requires that information be revealed or a breach is required in order to prevent serious and foreseeable harm to the student (Dumas ISD, 2020).

Dumas ISD. (2020). Dumas ISD School Counseling Handbook. https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/3504/DISD/2716221/DISD_Counseling_Handbook.pdf

Slide #11 Ethical Principle

lgadberry1 — 2024-07-13 16:55:25 UTC

To protect the privacy of students, educators must not divulge confidential information unless it is necessary or required by law according to Texas Administrative Code; Educators Code of Ethics. Educators must not disclose confidential health or personnel information about colleagues unless it is necessary for lawful professional purposes ( 19 Tex. Admin. Code §247.2 (2018).

Texas Education Agency. (n.d.). Texas Administrative Code, Title 19, Part 7. https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/texas-administrative-code-title-19-part-7

Slide #12 Non-Law Source

lgadberry1 — 2024-07-13 16:55:44 UTC

Through this particular book that I purchased, I was able to find more details about how to handle problems and responsibilities, but also about respecting privacy as a school counselor. The author outlines case studies with detail on ethics and court cases that school counselors deal with. (Stone, 2017)

Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

lgadberry1 — 2024-07-13 16:56:08 UTC

The best way to ensure the safety of all files related to student conversations is to keep them in a filing cabinet or on a password-protected document.
Make sure that your door has a sign that lets people know that it is in session so that they do not enter the room during these conversations with students.
When parents call or request information from you, talk to the student before you answer their question to get his or her feedback as to whether they are comfortable with letting their guardian know about what you’ve discussed.
It is important to keep the student first. Let the student know that if they choose to harm themselves or others, their parents will be informed of this information.
Never discuss your clients in break rooms, hallways, lobbies, or other public spaces. Think about the location before saying anything to a colleague. Keep your conversations private, and speak quietly to avoid being overheard.
If you're in a school district, make sure that there is a policy in place (and is part of the school handbook) that outlines the importance of showing respect for the privacy of the school counselors and their interactions with students unless the conversations are harmful for them or for others.