The role of the school counselor regarding confidentiality is to:
- 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)
- Keep personal notes separate from educational records and not disclose their contentsexcept when privacy exceptions exist
- Seek guidance from supervisors and appropriate legal advice when their records are subpoenaed
- Communicate highly sensitive student information via face-to-face contact or phone calland not by e-mail or insertion into the educational record
- Request to a court of law that a student’s anonymity be used if records are subpoenaed
- Be aware of federal, state and local security standards related to electronic communication,software programs and stored data
- Advocate for security-level protocols within student information systems allowing only certainstaff members access to confidential information
- Assert their belief that information shared by students is confidential and should not be revealedwithout the student’s consent
- Adhere to all school board policy and federal and state laws regarding confidentiality, student records and special services (e.g., FERPA, IDEA)
- Exercise caution and sensitivity when legally or ethically bound to breach confidentiality in an effort to advocate for the student’s well-being and preserve the student/school counselor relationship
- Inform the student prior to the disclosure if possible
- Collaborate with students to honor their autonomy and input as to how the disclosure occurs as much as developmentally appropriate
