Embedded Files
Student Confidentiality
School Counselors California Law, FERPA
California Education Code § 49602
Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential.
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.
Limits of Confidentiality
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)
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