The School Counselor and Confidentiality

School counselors recognize their primary obligation regarding confidentiality is to the student andbalance that obligation with an understanding of legal rights of parents/guardians to be the guidingvoice in their children’s lives.

The Rationale

Students have a right to be treated with dignity and respect and a right to privacy that is honored to the greatest extent possible (ASCA, 2022). The school counselor is responsible for fully respecting a student’s right to privacy and for providing an atmosphere of trust and confidence (ASCA, 2022).

Confidentiality is the ethical term ascribed to the information communicated within the counseling relationship. The school counselor has an ethical obligation to keep information obtained within the counseling relationship confidential unless legal requirements or school board policy demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others.

Serious and foreseeable harm is different for each minor in schools and is determined by multiple factors, including a student’s developmental and chronological age, the setting, parental/guardian rights and the nature of the harm. School counselors consult with appropriate professionals when in doubt as to the validity of an exception to confidentiality (ASCA, 2022).

Exceptions to confidentiality exist. School counselors should inform students when situations arise in which school counselors have a responsibility to disclose information obtained in counseling for the protection of students, themselves or other individuals. When faced with a potential need to breach confidentiality, school counselors should use an ethical decision-making model to determine potential courses of action and their consequences before proceeding (ASCA, 2022).

Privileged communication between a school counselor and a student is a legal term granting protection to information shared in a counseling relationship only if said privilege is granted by federal or state statute. If privilege applies, it can provide additional safeguards to confidential information. It is essential for school counselors to stay informed about evolving state laws concerning parent/guardian rights and student confidentiality to effectively navigate and uphold legal and ethical standards in their practice.

The School Counselor's Role

• Support the students’ right to privacy and protect confidential information received fromstudents, families and staff members
• Explain the meaning and limits of confidentiality to students in developmentally appropriate terms
• Provide appropriate disclosure and informed consent regarding counseling and confidentiality
• Seek consultation with other school-based mental health professionals and/or administrators when determining if and when to breach student confidentiality (Stone, 2022)
• Ensure school faculty and administration are aware of the parameters of school counselor confidentiality
• Inform students and families of the limits to confidentiality when:
  • the student poses a danger to self or others
  • the student is being harmed by someone else
  • there is a court-ordered disclosure
  • the school counselor consults with other professionals, such as colleagues,supervisors, treatment teams and other support personnel, in support of the student
  • privileged communication is not granted by state laws and local guidelines (e.g., schoolboard policies)
  • the student participates in group counseling
  • substance use and treatment are concerns (CFR 42, Part 2; 2017)

  Summary

  The relationship between students and their school counselor requires an atmosphere of trust and confidence. However, students should be informed that exceptions to confidentiality exist in which school counselors must inform others of information they obtained in the counseling relationship. Breaches to confidentiality are necessary to prevent serious and foreseeable harm to students or others and to adhere to legal requirements, including state and local laws as well as school district policies. School counselors work to advocate for policies and practices that prioritize and protect student confidentiality, ensuring a safe and trusting environment for all students.

  References

  American School Counselor Association. (2022). Ethical standards for school counselors. Alexandria, VA: Author.

  Resources
  Akos, P., & Pizzolato, S. (2017). Defining the school counseling relationship: Confidentiality revisited. Journal of Ethics in Mental Health, 10, 1-1.

  Cottone, R. R., & Tarvydas, V. M. (2016). Ethics and Decision Making in Counseling and Psychotherapy, 4th edition. New York: Springer Publishing Company.

  Linde, L. E., & Erford, B. T. (2016). Ethical and legal foundations of group work in schools. In B. T. Erford (Eds.), Group work in schools (pp. 28-42). New York, NY, US: Routledge/Taylor & Francis Group.

  Online Resources
  Confidentiality of Substance Use Disorder Patient Records, Rule CFR 42, Part 2 (2017). Retrieved from https://www.gpo.gov/fdsys/pkg/CFR-2017-title42-vol1/xml/CFR-2017-title42-vol1-part2.xml

  U.S. Department of Education. (2017). Individuals with Disabilities Act. Retrieved from https://sites.ed.gov/idea/

  U.S. Department of Education Family Policy Compliance Office. (2021). Family Educational Rights and Privacy Act (FERPA). Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

  U.S. Department of Health and Human Services (2022). Your rights under HIPAA. Retrieved from https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
  

  In this section

  The School Counselor and Confidentiality

  • Academic Development
  • Annual Performance Appraisal
  • Anti-Racist Practices
  • Bullying/Harassment Prevention and the Promotion of Safe Schools
  • Career Development
  • Character Education
  • Child Abuse and Neglect Prevention
  • College Access Professionals
  • Confidentiality
  • Corporal Punishment
  • Credentialing and Licensure
  • Cultural Diversity
  • Digital Technology Safety
  • Disabilities
  • Discipline
  • Equity for All Students
  • Foster Care
  • Gender Equity
  • Gifted and Talented Student Programs
  • Group Counseling
  • Gun Violence Prevention
  • Harmful or Disadvantageous Behaviors
  • High-Stakes Testing
  • Homelessness
  • Letters of Recommendation
  • LGBTQ+ Youth
  • Mental Health
  • Military-Connected Students
  • Multitiered System of Supports
  • Non-School-Counseling Credentialed Personnel
  • Peer Support Programs
  • Postsecondary Preparation
  • Postsecondary Recruitment
  • Retention, Social Promotion and Age-Appropriate Placement
  • Safe Schools and Crisis Response
  • School Counseling Preparation Programs
  • School Counseling Programs
  • School Counselor Supervision
  • School-Family-Community Partnerships
  • School Resource Officers
  • Section 504 Plans
  • Social/Emotional Development
  • Student Sexual Wellness
  • Suicide Prevention, Intervention and Postvention
  • Suicide Risk Assessment
  • Support Staff in School Counseling Programs
  • Test Preparation Programs
  • Transgender and Nonbinary Youth
  • Trauma-Informed Practice
  • Universal Screening
  • Undocumented Status
  • Virtual School Counseling

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