• Confidentiality

    ASCA - American School Counseling Association

    Ethical Standards for School Counselors

     Confidentiality
     Professional school counselors:


    a. Inform individual students of the purposes, goals, techniques and rules of procedure under which they may receive counseling.  Disclosure includes the limits of confidentiality in a developmentally appropriate manner. Informed consent requires competence on the part of students to understand the limits of confidentiality and therefore, can be difficult to obtain from students of a certain developmental level. Professionals are aware that even though every attempt is made to obtain informed consent it is not always possible and when needed will make counseling decisions on students’ behalf.


     b. Explain the limits of confidentiality in appropriate ways such as classroom guidance lessons, the student handbook, school counseling brochures, school Web site, verbal notice or other methods of student, school and community communication in addition to oral notification to individual students. 


    c. Recognize the complicated nature of confidentiality in schools and consider each case in context. Keep information confidential unless legal requirements demand that confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student. Serious and foreseeable harm is different for each minor in schools and is defined by students’ developmental and chronological age, the setting, parental rights and the nature of the harm. School counselors consult with appropriate professionals when in doubt as to the validity of an exception.

     

    d. Recognize their primary obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives, especially in value-laden issues. Understand the need to balance students’ ethical rights to make choices, their capacity to give consent or assent and parental or familial legal rights and responsibilities to protect these students and make decisions on their behalf.

     

    e. Promote the autonomy and independence of students to the extent possible and use the most appropriate and least intrusive method of breach. The developmental age and the circumstances requiring the breach are considered and as appropriate students are engaged in a discussion about the method and timing of the breach.

     

    f. In absence of state legislation expressly forbidding disclosure, consider the ethical responsibility to provide information to an identified third party who, by his/her relationship with the student, is at a high risk of contracting a disease that is commonly known to be communicable and fatal. Disclosure requires satisfaction of all of the following conditions:

    • Student identifies partner or the partner is highly identifiable

    • School counselor recommends the student notify partner and refrain from further high-risk  behavior

    • Student refuses

    • School counselor informs the student of the intent to notify the partner

    • School counselor seeks legal consultation from the school district’s legal representative in writing as to the legalities of informing the partner

     

    g. Request of the court that disclosure not be required when the release of confidential information may potentially harm a student or the counseling relationship.

     

    h. Protect the confidentiality of students’ records and release personal data in accordance with prescribed federal and state laws and school policies including the laws within the Family Education Rights and Privacy Act (FERPA). Student information stored and transmitted electronically is treated with the same care as traditional student records. Recognize the vulnerability of confidentiality in electronic communications and only transmit sensitive information electronically in a way that is untraceable to students’ identity. Critical information such as a student who has a history of suicidal ideation must be conveyed to the receiving school in a personal contact such as a phone call.