Information presented on this topic would be beneficial to counselors as well as many others in the field of education such as administrators and teachers as well as parents/guardians.

As a current special education teacher and case manager, the issue of confidentiality presents itself regularly. I routinely deal students who lack or have limited social/emotional skills or suffer from mental health issues.
 As a case manager, checking in with these students regularly, I am often put in a position of having to share things shared with me by a student or reported by a teacher. 
As an aspiring school counselor, I interact with students and work to build their trust and confidence. On occasion, I am made aware of a situation which may be concerning and feel obligated to share the information with a parent/guardian or counselor.

Confidentiality in either of the roles which I currently occupy or hope to soon move into, is a vital component.

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·         Parents have the right to review their child’s records.

·         Parents have the right to request corrections for school records they believe to have errors.

·         Schools must have written permission prior to releasing a student’s information to anyone other than a parent/legal guardian.

 

The State of Texas, like most other states, has legislation in place which requires educators to be mandated reporters. According to Section 261.101 of the Texas Family Code, 

·         The report may be made to any local or state law enforcement agency or to the Department of Family and Protective Services.

 

Texas STATE BOARD OF EDUCATION RULES

§61.EE

 

Statute- Sec. 26.008.  RIGHT TO FULL INFORMATION CONCERNING STUDENT.  

Parents are entitled to information about any school activities their child participates in. 

This statute includes an exception in which it is not applicable if the information is pertaining to investigation into the abuse or neglect of a child. Parents do not have to be informed of ongoing investigations or interviews in cases where child abuse is suspected.

 

 

 

A school may release a child’s education records to child welfare agencies without a parent’s prior written consent. This exception includes all children placed in foster care by a state or local agency that is entitled to access a child’s case plan and is legally responsible for the child’s care and protection. These child welfare agencies must ensure children are enrolled in school, their school placements are

stable, and children who change schools are promptly enrolled elsewhere with all their school records.

 

The Pasadena ISD Board implements a policy taken from the department of family and protective services regarding students meeting with DFPS representatives at a campus.

During an investigation by the Department of Family and Protective Services, the following documents are exempt from standard requirements to be released to parents/guardians, unless specified by the DFPS.

·         Photographs

·         Audio recordings

·         Video Recordings

·         Depiction or Documentation of a child.

2) Districts should provide regular training on the issue to staff.

3) Districts should ensure that all campuses have procedures and systems in place to protect information.

 

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My role as an aspiring school counselor bettered my understanding of the laws related to confidentiality of student information due to the understanding of the roles and responsibilities of a school counselor. 

Counselors are advocates to students and are tasked with doing what is in the best interest of a child. Understanding when a break in confidentiality is required due to a student being in danger is vital to counseling. Knowing this, helps with understanding the application of the laws related to my topic.

As a counselor, having the opportunity to interact with students on a personal level and being trusted with personal information, is a large part of the role. In preparation to become a counselor, I have become familiar with the requirements to inform students of the limits confidentiality in counseling. This understanding provides a background for the application of this topic. 

 

In preparation for a career in counseling, I have gained an understanding of the collaboration with other parties which is necessary to ensure the safety and wellbeing of students. Providing information to parents and working with state agencies to report suspected abuse or neglect.

·         It is imperative that campuses maintain accurate records of student information, note and regularly update information regarding custody/guardianship. In order to remain in compliance, campus staff must be aware of people who authorized to obtain student records so that information is not shared with any person who is not authorized to receive it. 

·         Districts will need to provide trainings and professional development focused on procedures for reporting suspected abuse or neglect.

·         Districts should implement a policies and processes for parent/guardian requests for information and limit personnel able to provide information.

·         Districts should implement a system which limit information shared electronically and guide the manner in which information is shared (limited use of full names, usage of ID numbers instead of names…)

·         Campuses will need to ensure that records are stored properly and require documented verification for anyone who accesses student information (including purpose for accessing information). 

·         Districts should designate a representative or hire a 3^rd party to perform regular district/campus audits to ensure that procedures are being followed. 

·         Districts should create an advisory board which meets regularly to discuss any updates or additions to related state and/or federal regulations related to this issue.