A legal guide on education and school counseling would target school counselors, educators, administrators, policymakers, legal experts, and other stakeholders in the education sector. The guide would address legal matters relevant to school counseling, including confidentiality laws, student privacy rights, mandated reporting obligations, and ethical standards.

The selection of this topic stems from the importance of legal compliance for school counselors to deliver effective student support while adhering to legal boundaries. Understanding legal requirements and regulations is essential for counselors to safeguard students' rights, handle legal issues effectively, and maintain ethical practices. Providing a comprehensive legal guide can equip educators and stakeholders with the necessary knowledge to make informed decisions and ensure adherence to legal standards in school counseling.

The American School Counselor Association (ASCA) offers guidance and establishes standards for school counseling programs across the country. Many schools and districts follow ASCA's National Model framework to organize their counseling programs efficiently. Although ASCA lacks regulatory power, its suggestions play a significant role in shaping the field (2022).

At the state level, the regulation of school counseling shows significant variation. Each state delegates the responsibility of setting guidelines and prerequisites for school counselors to its education department or board. These regulations typically encompass processes for licensure or certification, ongoing educational obligations, and ethical guidelines that counselors must follow.

Navigating the realm of governing bodies and accountability in school counseling requires staying updated on federal policies as well as state-specific regulations. It is essential for counselors to grasp the expectations outlined by both levels of government to comply with regulations and deliver top-notch services to students.

Federal accountability measures often focus on broader education goals such as graduation rates, college readiness, and academic achievement. State agencies may supplement these with more specific guidelines related to counseling practices, such as student-to-counselor ratios, professional development requirements, and ethical guidelines.

• 20 U.S.C. § 1232g; 34 CFR Part 99

• FERPA restricts the sharing of students' educational records and personally identifiable information without explicit parental consent, except for certain permissible disclosures in specific situations.

• FERPA requires schools to protect student privacy by obtaining consent before sharing information outside of defined exceptions. This rule aligns with ethical principles promoting privacy and confidentiality in educational settings.

• Failure to comply with FERPA could result in legal consequences and the potential loss of federal funding, emphasizing the importance of adhering to this law for both legal and ethical considerations.

Texas State Law: Texas Education Code - Student Records

• Tex. Educ. Code Ann. § 26.009(b)

• The Texas Education Code supplements FERPA by prohibiting educational institutions from disclosing a student's contact information without parental consent.

• This regulation provides additional protection for details like email addresses, physical addresses, and phone numbers.

• Emphasizing the significance of privacy, especially in situations involving safety and security, this state law prioritizes safeguarding specific data types.

• House Bill No. 2087, also referred to as the Student Privacy Act, is among the various bills concerning data privacy and cybersecurity that the Texas Legislature approved in 2017.

  • The Student Privacy Act safeguards students' personally identifiable information when utilized with websites, online services, applications, or mobile apps for educational purposes (Tex. Educ. Code § 32.151).

  • The Act targets "operators," specifically those who are aware that their platforms are predominantly used for educational purposes and were created and promoted for such intentions (Tex. Educ. Code § 32.151).

• Personally identifiable information (PII) or information associated with PII that is not publicly available and meets the following criteria according to the Tex. Educ. Code § 32.151:

  • Generated or provided by a student or their parent when using the operator's website, online service, online application, or mobile application for educational purposes.

  • Created by a school district or campus employee for educational purposes and shared with the operator.

  • Collected by the operator through the operation of the website, online service, online application, or mobile application for educational purposes, which can identify a student.

• The Act gives examples of such information, which include discipline records, health records, biometric data, disabilities, food purchases, and geolocation information.

• The Act restricts website, online service, online application, or mobile application operators from conducting targeted advertising based on information obtained for educational purposes.

• Operators are not allowed to create student profiles unless it serves an educational purpose. Additionally, selling or renting any student's covered information is prohibited.

Administrative Law:

• COPPA, which stands for the Children's Online Privacy Protection Act, is a federal legislation that places obligations on website and online service operators who gather personal data from children under 13. While COPPA mainly focuses on online privacy, its guidelines can be valuable in establishing protocols to safeguard student privacy in different scenarios, such as school counseling (Federal Trade Commission, 2013).

  • Under COPPA regulations, it is mandatory for entities to secure verifiable parental consent prior to gathering any personal details from children below the age of 13. This includes names, addresses, email addresses, phone numbers, and any other information that can be used to identify or communicate with a child.

  • COPPA mandates that covered entities must offer transparent and easily accessible privacy policies detailing their data collection methods. They should also establish processes for parents to examine and erase their child's information upon request. Furthermore, it bars these entities from linking a child's online involvement to disclosing excessive personal details.

• Not adhering to COPPA can lead to severe consequences, such as fines enforced by the Federal Trade Commission (FTC), the body tasked with upholding COPPA.

Federal Trade Commission. (2013). Children’s Online Privacy Protection Rule (pp. 1–44). https://www.ftc.gov/system/files/2012-31341.pdf

Student and Privacy Act, H.B. 2087 (2017). https://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB02087F.HTM

Texas Education Code § 32.151, p. 977-979

• The Protection of Pupil Rights Amendment (PPRA) is a federal law enacted in 1978. PPRA governs the administration of surveys, analysis, or evaluations funded by the U.S. Department of Education that solicit information about students' beliefs or practices concerning various sensitive topics, including political affiliations, mental or psychological problems, sexual behavior and attitudes, illegal or self-incriminating behavior, religious practices or beliefs, and income (34 CFR Part § 98, 1984).

• Under PPRA, schools must obtain written consent from parents before students are required to participate in any of these activities if they are funded by the U.S. Department of Education. PPRA also provides parents with the right to inspect any instructional materials used as part of these activities (1984).

The Protection of Pupil Rights Amendment, 34 CFR Part 98 (1984). https://www.ecfr.gov/current/title-34/part-98

Purposes:

• Brownwood ISD, Student Directory Information Notice Brownwood, TX 2022

• Name, Address, Telephone Listing, Email Address, Photograph, Date/Place of Birth, Major Field of Study, Degrees, Honors/Awards Received, Dates of Attendance, Grade Level, Recent School Attended, Participation in Activities/Sports, and Athletic Weight/Height, Enrollment Status and Student Identification Numbers or Identifiers that cannot be used alone to gain access to electronic education records.

• This would include District publications, website productions, press releases, or social media that is distributed by the Brownwood ISD Public Relations department.

• If BISD does NOT have your permission to list your child’s name in district publications, no information will be listed in graduation commencement programs, awards programs, performances, etc. (Brownwood ISD, Student Directory Information Notice Brownwood, TX 2022).

Brownwood ISD, Student Directory Information Notice (Brownwood, TX 2022). https://www.brownwoodisd.org/site/handlers/filedownload.ashx?moduleinstanceid=5732&dataid=6808&FileName=English%20Student%20Directory%20Information%20Notice.pdf

Breaching confidentiality obligations can:

• erode trust

• harm relationships with students, parents, and other stakeholders, tarnish our organization's reputation

• trigger regulatory scrutiny, fines, or sanctions.

To mitigate these risks, Brownwood ISD must adhere to pertinent confidentiality laws, enact robust data protection policies, train staff on confidentiality requirements, and establish monitoring and auditing mechanisms to ensure compliance.

As a school counselor, the primary responsibility is to ensure the safety and well-being of your students while respecting their confidentiality to the extent allowed by law and professional ethics.

Maintaining their confidentiality within legal and ethical limits is crucial. When faced with a situation like Sarah's, it's important to find a balance between her confidentiality and safety. The ASCA Code of Ethics emphasizes the duty of counselors to safeguard student information while also intervening when a student's safety is in jeopardy (ASCA, 2016).

Explaining to Sarah that while you respect her privacy, there are limits to confidentiality, especially when someone's safety is at risk is crucial. According to the ASCA Code of Ethics (2016), counselors have a responsibility to maintain the confidentiality of student information, except when disclosure is required to prevent clear and imminent danger to the student or others (ASCA, A.2.b).

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf 

Sutliff felt anxious returning to school and ultimately resigned from her position.

This legal case highlights the significance of confidentiality and the need to address situations promptly. When uncertain, it is crucial to report the matter. In this instance, Sutliff was compelled to report by her principal, shifting the responsibility from Sutliff to the principal.