Legal and Ethical Guide by Krysta Frazier

Slide 1: My Professional Perspective

kfrazier48 — 2023-12-02 22:41:39 UTC

As a school counselor, I am faced with many challenges on a daily basis. At times, they can be overwhelming; however, staying true to the ethical and legal aspects of school counseling is in the best interest for all students and counselors. I have to keep in mind what is best for the child even if that means breaking confidentiality. When self-harm is made apparent, the school counselor has no choice but to notify parent/guardians in order to protect the child from further harming themselves.
I chose this Privacy Rights in school counseling because I have seen so many middle schoolers turning to self-harm because they think no one understands and it is the only way to cope with their feelings.

Slide #2: Governing Agency

kfrazier48 — 2023-12-02 22:42:42 UTC

Must include a summary of the governing agency, at the federal and state level, in your field of practice with practical expertise related to the Guide topic. The summary should include what you learned about governing bodies and accountability at the federal and state level.

The U.S. Department of Education administers and enforces student privacy laws according to the Protection of Pupil Rights Amendment (PPRA) and the Family Educational Rights and Privacy Act (FERPA)(Student Privacy at the U.S. Department of Education, 2021).
The Texas Education Agency (TEA) helps to administer the rules and laws that are put in place for education in Texas (Federal Laws & Rules, n.d.). They help to enforce all laws for the betterment of the education world.

Slide #3: Federal Constitutional Laws

kfrazier48 — 2023-12-02 22:43:26 UTC

The Fourteenth Amendment of the United States Constitution grants equal rights to all United States citizens (U.S. Const. amend. XIV, § 2.).

This allows:

Students to have rights when talking with school counselors
Gives parental rights to know what is being discussed.
Not adhering to this law can lead to lawsuits, fines, etc.

Slide #4: Federal Statute

kfrazier48 — 2023-12-02 22:44:58 UTC

Family Educational Rights and Privacy Act (FERPA) protects students records by keeping them confidential unless stated otherwise. (Family Education Rights and Privacy Act [FERPA], 1974).

It is up to the agency, U.S. Department of Education and school districts, to ensure the law is being upheld.
If it is broken funding could be lost and/or the individual could be fined(The Ultimate Guide to FERPA | Everything to Know, 2022).
This is important because the students and their families know they have protection from their information being public.

Slide #5: Common Case Laws

kfrazier48 — 2023-12-02 22:45:29 UTC

A court case in North Carolina, parents of an abused child filed a claim that the school counselor and social worker ignored their request to keep the information of the abuse private and shared with school educators (N.C. ex rel. M.C. v. Bedford Cent. Sch. Dist., 2004).

The court ruled in favor of the school.
This case is important because it shows how difficult the decision process is for school counselors when thinking about their students’ best interest.

Slide #6: Federal Regulation or Mandate

kfrazier48 — 2023-12-02 22:45:55 UTC

The Texas Education Agency follows the laws and ethical standards put forth for educational purposes. “Through the responsive services component, school counselors intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk” (School Counseling | Texas Education Agency, n.d., para. 4 ).

Part of that intervention is deciding when the privacy rights of students are no longer in play in order to get them the help they need.

Slide #7: Local Administrative Law/Policy/Rule

kfrazier48 — 2023-12-02 22:46:17 UTC

The Ganado ISD School Board Policy explains that students’ homeless status should be private information unless specific educators need to know (Ganado ISD Board Policy Manual, 2016).

School counselor work with homeless students to make sure their needs are met in an educational setting while keeping their status private.

Slide #8: Risk Management Strategies

kfrazier48 — 2023-12-02 22:46:38 UTC

A potential issue that could arise is a school counselor sharing private information with another educator.

Identify the Risk
a. When Sharing information with another educator, is there reason?
Assess the Risk
a. Will the student and parent/guardians approve?
b. Could this be a legal issue and end up in court?
Response to Risk
a. Rather than assuming, the counselor can have a conversation with the student, parent/guardian to make sure it is okay with them to share the information.
Monitor and Review
1. a. Make sure proper communication is in place with all stakeholders
  (Risk Management: A Four-Step Framework, 2020)

Slide #9: Ethical Principle

kfrazier48 — 2023-12-02 22:46:57 UTC

According to American Counseling Association, “Respect for Privacy Counselors respect the privacy of prospective and current clients. Counselors request private information from clients only when it is beneficial to the counseling process” (B.1.b. Respect for Privacy Counselors, 2014, p. 6). This code impacts school counseling because it protects students’ rights and prevents their information from getting in the wrong hands

Slide #10: Personal Connection to the Legal and Ethical Statndards

kfrazier48 — 2023-12-02 22:47:16 UTC

The biggest takeaway from this assignment is learning the difference between the laws, statutes, cases, etc. Gaining a better understanding of the legal and ethical standpoint will only benefit me as I continue my educational journey. The way the information was presented really pushed me to dive deeper into the topics and figure out how it applies to my career.

There are so many resources out there to help when legal and ethical issues arise. Especially in my field of school counseling, there are issues that can pop up on a daily basis. Being aware of the laws and ethical standards is key to making decisions in the best interest of the student.

Slide #11: Recommendations/Best Practices for Compliance

kfrazier48 — 2023-12-02 22:47:52 UTC

Do not focus just on the legalities of your career, the constitution applies to every situation that might be encountered.
When in doubt ask! There are laws put in place to protect your students and you.
Do your due diligence and research prior cases. I have learned that they are useful guides.
Every decision is a risk. Learning proper risk management strategies will lesson the likelihood of ending up in court.
There are agencies that are designed to help when questions arises, reaching out to them would be beneficial rather than staying quiet.
Local policies are put in place to guide the school district, but keep in mind the constitution is the main set of law, guidelines, policies, etc. that courts follow.

Slide #3: State Constitutional Laws

kfrazier48 — 2023-12-03 15:57:49 UTC

Texas Constitution states people cannot be searched or seized without probable cause with supported documentation (Tex. Const. art. 1§ 9).

This law goes hand in hand when dealing with students.
You cannot search and seize them without probable cause.
Not adhering to this law would land you in a legal battle.

Slide #4: State Statute

kfrazier48 — 2023-12-08 18:41:03 UTC

The Texas Education Code states that parents are partners with educators so that they are able to be active in their child's education (2 Tex. Educ. Code § 26.001).

It is up to the school districts, to ensure the law is being upheld.
This is important because counselors need parent involvement when it comes to the best interest of their students and the counseling program.

Slide #4:Federal Administrative Laws

kfrazier48 — 2023-12-08 18:43:17 UTC

U.S. Privacy Act of 1974 is dealing with the rights and restrictions on data held by government agencies(United States Privacy Act, 1974).

Records must be kept private
Information students share with school counselors must be private unless otherwise stated.

Slide #4: State Administrative Laws

kfrazier48 — 2023-12-08 18:52:51 UTC

The state of Texas approved the Texas Medical Privacy Act to ensure they remain in compliance with federal laws when it comes to patient confidentiality (Texas Medical Privacy Act into law. S.B.11, 2001).

Again, keeping records and information about students confidential is a must.
This extends to than what HIPAA covers.