(Lyer & MacGregor, 2022)

Profession Perspective

Confidentiality is one of the most important and impact topics for a school counselor and a professional school counselor program. A rapport of trust, comfort, and respect, must be built with a student to be able to share their true needs. Knowing your responsibility to a student and their parent's right can be difficult to a topic that must be handled with caution and professionality.

Audience

All stakeholder of school districts, most importantly school counselors.

(ASCA, 2024; Texas Education Agency, 2024)

• Confidentiality or the right to privacy is not mentioned in the U.S. Constitution specifically.

• Some amendments adress privacy rights.

• The privacy right protected by the constitution by the 14th amendment section 1.6, it regards the right to privacy and confidentiality.

• Protection of disclosure of personal matters.

• Holds the right to governing agencies asking information regarding interest as an employer.

• Concerns exist regarding the extent of rights, privacy, and confidentiality.

(U.S. Const. amend. XIV, § 1.6.3.3)

Link to Full Text of Law

The Texas Constitution

• Section 9 of article I, secures Texan citizens the right to their persons, properties, papers, and possessions.

• Search and seizures are also protected by this section that is protected by oath and affirmations.

  
  

  (Tex. Const. art I, § 9)

Link to Full Text of Law

• provides protection of student educational records

• certain rights are reserved for parents and their child's educational records

• written consent must be provide for a release of student records with a few expections stated by the law

  (20 U.S.C. § 1232g; 34 CFR Part 99)

  Link to full text- FERPA

  
  

The Texas Administrative Code

• sets the ethical standards for all Texas school counselors and educators

• disclosure of confidential records can not be unless required by the law

  (19 Tex. Admin. Code §247.2)

  Link to full Text- Tex. Admin. Code

  
  

  
  

  Disciplinary actions can happen to employees that break confidentiality. Parents can proceed to press charges against school districts and individuals who fail to follow these laws.

• A sucial intent was informed from another student to a school counselor.

• The parents were not informed by the school counselor.

• A wrongful dealth suit was brought up by the student's father against the school for not informing him of the previous intent.

• The ruling of the lower courts were that the school and counselor were not liable as their duty was not to intervene.

• The ruling of the higher courts were that the student's intentions were foreseeable and that the parents should have been informed by the school counselor or school.

• This case helped establish the duty of school counselors to inform parents about threats, intents, or potiential intents of suicide.

  (Eisel v. Board of Education of Montogomery County, 1991)

  Link to Full Text-Eisel v. Board of Education of Montogomery Count

• Providde the standards for the Texas School Counselors

• comply to the best pratices and legal and ethical choices

• Consider the appropriate use of:

  • Email

  • documentation

  • records

  • technology

  • informed consent

  • communication

    (19. Tex. Admin. Code §239.15.f.11)

  Link to Full Text- TAC

• Provides a policy and the procedures to follow that are located online and on the employee handbook.

• The crisis team of the school are trained professional that help through the process of an emergency and non emergency event.

• Crisis team will inform parents of at risk students and situations.

• Notifications are made quickly after reporting any warning signs.

  (SFDR-CISD, 2024)

  Link to Full Text- SFDRCISD

• promote a safe environment

• do not discriminate or be bias

• provide support

• provide privacy and confidentiality

• Access to a school counseling program

• advocate for all students

• implement and aid in student's career plans

• help students development

  
  

  A professional school counselor's priority is the well being of students. One must show dignity and respect to students. School couselors are involved in career, academic, social and emotional needs of astudent.

  (ASCA, 2022)

Link to Full Text- ASCA

I have learned during this time that confidentiality is a responsibility of the entire school and district as a whole. A student's confidentiality and privacy is something I can provide for my students in my office as long as there is no special cases that involve someone getting hurt or with the student's permission. It is shocking, yet understandable of how important confidentiality is in a school, from student records to a simple conversation, following practices and procedures are non-negotiables.

Feelings and Educational Goals

As a school counselor, we support our student social, emotional, and career developmental needs. We guide and assist as much as possible to reach career, personal, and academic goals. The trust that is built with each child is sacred and you have to learn to keep it to yourself even if it is a heavy load. Everyday is a new day and a new challenge and we just have to be prepared to act in the best interest of the child.