School counselors recognize their primary obligation regarding confidentiality is to the student but balance that obligation with an understanding of the family or guardians’ legal and inherent rights to be the guiding voice in their children’s lives (ASCA, 2016). Communication between the student and school counselor is considered confidential unless:
Student threatens or is at risk to harm self or others
Counselor suspects abuse or neglect (or student discloses either)
Student gives permission for the school counselor to share information with other trusted adults
The School Counselor's Role
The role of the school counselor regarding confidentiality is:
To support the students’ right to privacy and protect confidential information received from students, the family, guardians and staff members
To explain the meaning and limits of confidentiality to students in developmentally appropriate terms
To provide appropriate disclosure and informed consent regarding the counseling relationship and confidentiality
To inform students and the family of the limits to confidentiality when:
the student poses a danger to self or others
there is a court-ordered disclosure
consulting 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., school board policies)
the student participates in group counseling
substance use and treatment are concerns (CFR 42, Part 2; 2017)
To keep personal notes separate from educational records and not disclose their contents except when privacy exceptions exist
To seek guidance from supervisors and appropriate legal advice when their records are subpoenaed
To communicate highly sensitive student information via face-to-face contact or phone call and not by e-mail or inserting into the educational record
To request to a court of law that a student’s anonymity be used if records are subpoenaed
To be aware of federal, state and local security standards related to electronic communication, software programs and stored data
To advocate for security-level protocols within student information systems allowing only certain staff members access to confidential information
To assert their belief that information shared by students is confidential and should not be revealed without the student’s consent
To adhere to all school board policy and federal and state laws protecting student records, health information and special services (i.e., HIPAA, FERPA, IDEA)
ASCA Link on Confidentiality: https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality