As a future high school counselor, it is vital to understand the national, state, and local laws/policies/statutes to ensure the privacy of all students.  School counselors are tasked with key roles in students’ personal, emotional, social, and academic development.  In this role, maintaining confidentiality and privacy is crucial in building a comprehensive school counseling program.  This fosters a safe and trusting environment for all students.  

Intended Audience:

School Counselors

Administrators 

Students Pursuing their Master’s in School Counseling

Teachers

Educational Support Staff 

School Board Members 

Topic:

The importance of confidentiality and privacy in school counseling. 

Why:

The reason I chose this topic is that, as a veteran teacher, I have always been frustrated with the lack of communication from administrators when it concerns our students.  We are never told why a student goes to in-school suspension, alternative school, why they are suspended, their discipline record, etc. We normally find out this information from other students.  Since starting my Master’s in School Counseling, I have discovered why this is.  There are many laws, statutes, and policies governed by the US Department of Education, the Texas Code of Education, and my local school district.

The U.S. Department of Education, founded in 1980, is a federal agency responsible for national education funding, policy, and programs.  Their main purpose is to ensure quality education for all students in the United States.  The U.S. Department of Education enforces laws such as FERPA which regulates the confidentiality and privacy for all students.   

Texas Education Agency

The Texas Education Agency is a state agency that oversees public education in Texas.  TEA guides and regulates schools across the state of Texas.  TEA implements state and federal education laws such as FERPA, Educators’ Code of Ethics, and the Texas Education Code. TEA implements the A-F accountability rating system throughout the state for all public schools and districts.  TEA co-authored the Texas Model for Comprehensive School Counseling Programs that regulates and guides school counselors across the state.

FERPA - Family Educational Rights and Privacy Act 

• Federal Law passed in 1974 

• Protects the privacy of students’ education records

• Exceptions

  • School Officials with legitimate education interest

  • Student transfers to new school 

  • Health or safety emergencies

  • CPS

  • Court order

• School counselors cannot discuss student matters unless a person has legitimate education 

• interest, such as,

  • Grades

  • Counseling notes

  • Behavior concerns

  • Counseling notes are not part of their educational records and are used just for memory aid 

https://studentprivacy.ed.gov/ferpa 

Texas Education Code

Texas Education Code §38.004 — Child Abuse Reporting and Programs

Sec. 38.004.  CHILD ABUSE REPORTING AND PROGRAMS.  

• School districts must develop a policy for child abuse reporting and provide training for all staff. 

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004 

Texas Education Code §26.004 — Access to Student Records

Sec. 26.004.  ACCESS TO STUDENT RECORDS.  

• A parent has the right to access to their child’s written records, which include,

  • Attendance records

  • Test scores

  • Grades

  • Disciplinary records

  • Counseling records

  • Psychological records

  • Applications for admission

  • Health and immunization information

  • Teacher and school counselor evaluations

  • Reports of behavioral patterns

  • Records related to assistance provided for learning difficulties. 

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.004

Texas Educators’ Code of Ethics 

Title 19 EDUCATION

Part 7 STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 247 EDUCATORS' CODE OF ETHICS

Rule §247.2 Code of Ethics and Standard Practices for Texas Educators

• Educators cannot reveal confidential information concerning students (unless required by law)

https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-247-2tea.texas.go

v+13law.cornell.edu+13law.cornell.edu+13‌

References

Texas Administrative Code, Title 19, Part 7, Chapter 247, Rule § 247.2

– Code of Ethics and Standard Practices for Texas Educators.

(2018). State Board for Educator Certification, Texas Education

Agency.  https://www.law.cornell.edu/regulations/texas/19-Tex-

Admin-Code-SS-247-

2 tea.texas.gov+13law.cornell.edu+13law.cornell.edu+13‌

Texas Education Code § 26.004, Access to student records. (n.d.).

Texas Constitution and Statutes.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.004

Texas Education Code § 38.004, Child abuse reporting and

programs. (n.d.). Texas Constitution and Statutes.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004 

U.S. Department of Education. (2024). FERPA: Protecting student

privacy. 

Studentprivacy.ed.gov. https://studentprivacy.ed.gov/ferpa 

Texas Administrative Code (TAC), Title 19, Part 7, Chapter 247, Rule §247.2 – Code of Ethics and Standard Practices for Texas Educators

• States ethical duties of Texas counselors and educators

• Standard 3.2 states, “The educator shall not intentionally, knowingly, or recklessly disclose confidential information about colleagues or students unless disclosure serves a professional purpose or is required by law” (Chapter 247. Educators’ Code of Ethics §247, n.d.)

https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/ch247.pdf 

Statute

Texas Education Code § 51.8246 – Confidential Records and Proceedings

• Ensures students’ education records are treated confidential when applying to their postsecondary education institution ‌(EDUCATION CODE CHAPTER 51. PROVISIONS GENERALLY APPLICABLE to HIGHER EDUCATION, 2011). 

• Compliant with FERPA

https://statutes.capitol.texas.gov/Docs/Ed/htm/Ed.51.htm

Reference List

Chapter 247. Educators’ Code of Ethics §247. (n.d.). 

https://tea.texas.gov/about-tea/laws-and-rules/sbec-

rules-tac/sbec-tac-currently-in-effect/c

h247.pdf 

EDUCATION CODE CHAPTER 51. PROVISIONS GENERALLY

APPLICABLE TO HIGHER 

EDUCATION. (2011). Texas.gov.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm 

• Confidentiality and student’s sexual orientation

• Police allegedyly told his parents about his sexual orientation

• Student committed suicide

• Students have a constitutional right to privacy, (STERLING v. BOROUGH of MINERSVILLE, 232 F.3d 190 | 3d Cir., Judgment, Law, Casemine.com, 2023)

  
  

https://www.casemine.com/judgement/us/59147d9dadd7b04934442bd8

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

• FERPA

• Parent sued school district for violation of FERPA

• Teacher had peers grade each other’s papers

• Did not violate FERPA, ‌(Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002), n.d.)

https://supreme.justia.com/cases/federal/us/534/426/

C.N. v. Ridgewood Board of Education, 430 F.3d 159 (3rd Cir. 2005)

• Parents sued school district due to personal topics on a survey saying it violated their rights

• Drug use and sexual behavior was on the survey

• The court found no vilation

• Need for “cleary parental consent and student anonymity,” 

https://law.resource.org/pub/us/case/reporter/F3/430/430.F3d.159.04-2849.html 

Reference List

430 F.3d 159. (2005, December). Resource.org. 

https://law.resource.org/pub/us/case/reporter/F3/430/430.F

3d.159.04-2849.html 

‌

Owasso Independent School Dist. No. I-011 v. Falvo, 534

U.S. 426 (2002). (n.d.). Justia Law.

https://supreme.justia.com/cases/federal/us/534/426/ 

STERLING v. BOROUGH OF MINERSVILLE, 232 F.3d 190 |

3d Cir., Judgment, Law, casemine.com. (2023).

Https://Www.casemine.com. 

https://www.casemine.com/judgement/us/59147d9dadd7b0

4934442bd8 

• Governs surveys, evaluations, and analyses that are funded by the U.S. Department of Education, ‌(PPRA | Protecting Student Privacy, n.d.)

• Protects students’ and parents’ rights to privacy regarding sensitive information

• School districts must obtain parental consent for their child to participate in the survey

• Parents have the right to opt their child out of the survey 

• Sensitive information pertains to:

  • Political affiliations

  • Mental or psychological problems

  • Illegal or self-incriminating behavior

  • Family relationships

  • Religious practicies

  • Income (unless required by law for a specific program eligibility) 

https://studentprivacy.ed.gov/content/ppra

Reference List

PPRA | Protecting Student Privacy. (n.d.). Studentprivacy.ed.gov. 

https://studentprivacy.ed.gov/content/ppra

Employee Conduct and Welfare 

Standards of Conduct 

Policy DH 

• “Recognize and respect the rights of students, parents, other employees, and members of the community,” (Hawkins Independent School District, 2020).

• All employees must serve to the best interest of the students.

• Maintain confidentiality in regards to anything relating to students. 

Reference List 

Hawkins Independent School District. (2020, August). Hawkins ISD employee handbook 

2020–2021 [PDF]. 

https://s3.amazonaws.com/scschoolfiles/2380/2020-2021_employee_handbook_2.pdf  

• Store confidential counseling records in a locked cabinet in the counselor’s office. 

• Why this is important:

  • This will only allow the counselor to access these records as they are not a part of the students’ educational records.  

Informed Consent

• When providing counseling services, send consent form home to be signed by parents and give clearn explanation of confidentiality.

• Why this is important:

  • Helps build trust between parents, students, and school counselors. It also gives parents information about their rights and responsibilities as parents. 

Yearly Training on FERPA, PPRA, and Ethical Standards

• School counselors should have yearly training on FERPA, PPRA, ASCA Ethical Standards and stay informed of new laws by joining a counseling association, ‌(U.S. Department of Education, 2024).   

• Why this is important:

  • Counselors need to stay well-informed and constantly reminded of the laws, statutes, and policies that govern students’ privacy and confidentiality to reduce the chance of a violation.  

https://studentprivacy.ed.gov/ferpa

Reference List

U.S. Department of Education. (2024). FERPA: Protecting student privacy. 

Studentprivacy.ed.gov. https://studentprivacy.ed.gov/ferpa

A.2. Confidentiality  

School counselors:  

• Promote procedures for confidentiality and the students’ rights for privacy to school staff (American School Counselor Association, 2022).

• Inform students their rights to receive counseling and disclose informed consent and clarify the role of confidentiality in the counseling office. 

• Informed consent from parents 

• Promote students’ best interest when informed consent cannot be obtained. 

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)  

Reference List

ASCA Ethical Standards for School Counselors; American

School Counselor Association. 

https://www.schoolcounselor.org/About-School-

Counseling/Ethical-Responsibilities/ASC

A-Ethical-Standards-for-School-Counselors-(1) 

Not everyone has the right to know everything about a student.  It is our responsibility to uphold these laws and policies to protect our students.  Not only discussing private information about students, but also maintaining confidential records and how to make sure that students' written records are stored and maintained properly. 

1. Separate counseling notes from educational records.

2. File counseling notes in a locked filing cabinet in the school counseling office.

3. Obtain written conset before providing counseling services to a student.

4. Never discuss students’ information in public.

5. Participate in annual professional development pertaining to FERPA.

6. Review and update confidentiality and students’ privacy procedures annually with campus administrators.