3 0 obj Make sure the student understands you can only control confidentiality on your end. The statute goes on to say that [i]t is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others. Before relying on this rule, it is critical to discuss this law with school district legal counsel to understand its scope and any possible conflicts with FERPA. Note payable due in 10 months. FERPA rights end once the student graduates or leaves the institution permanently. endobj The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, protects the privacy of student records. Tel:214-768-3417, Boaz Hall, 3058 SMU BLVD. Web Sole possession records or private individual notes created by a school official which are accessible onlyto the individual who created them. What are sole possession records? Promisekit.org For example, the Florida GAL program Statutes and Rule 8.215, Florida Rules of Juvenile Procedure, indicates that, The guardian ad litem has the responsibility to investigate and file reports regarding the allegations of the petition and any subsequent matters arising in the case. The GAL should be able to provide a signed information release statement or a petition from the court. Definition of SOLE POSSESSION Law Dictionary TheLaw.com Another thing to think about in regard to releasing your records to your successor is to consider what value these notes might have in assisting the students success. The same goes for a group setting. Anything that refers to a student, even using initials, ID numbers or personal descriptors, if specific enough, is an educational record that belongs primarily to the parent/guardian. sole possession records Under what circumstances should I breach student confidentiality? UW-Green Bay FERPA What clothing brands were popular in the 50s? (b) Keep sole-possession records separate from students educational records in keeping with state laws. If you can't do this, then you are compelled to testify. If a school district performs suicide assessments, these assessments should only be used to alert parents/guardians to the need to monitor their childs safety and to get them professional mental health care to evaluate and, if necessary, treat the suicide risk. Due to time and caseload numbers, most school counselors cant keep written notes on every child or situation they see on any given day. School officials can release personally identifiable information without parental consent if: It's requested by school officials with legitimate education interests. 2. What confidentiality considerations should I keep in mind during virtual individual and group counseling?The same limits of confidentiality apply (serious and foreseeable harm) virtually as well as in-person, and you should discuss them with students before counseling begins. Family Educational Rights and Privacy Act of 1974, as amended A:A guardian ad litem (GAL) is appointed to represent a childs best interests and serves as an advocate for a child involved in the court system. Is that breaking confidentiality?Because of the health and safety concerns, districts have the right to require school counselors to follow policy regarding providing copies of action plans for suicidal students. in the possession of any school official. Where is Ferpa in the US Code? Webpossession of the maker. 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. What do I do if my administrator asks for the names of the students I see and the reasons Im working with them?Prepare the information in a general way, using descriptors such as academic, career or social/emotional or in another way where personal information is removed. You also can authorize someone else, such as a lawyer, to review records for you. Contact your administration and local police department to investigate; your district may have an identified Title IX officer at the district level who can assist. Education records may be released without consent only if: All personally identifiable information has been removed. help you shape yours. What notes should I keep?Personal notes, as in those notes only you are aware of, are kept for the purpose of supporting the student through long-term knowledge of a students experience. 2 0 obj What do I do if a student tells me she has heard another student brought a firearm to school?As a school employee, your obligation is to the safety of all students. Does that create a dual relationship?Remind your administrator that teaching a class puts students at risk, as you will need to prioritize any crisis or suicidal ideation over the class youre teaching, which could leave your classroom students unsupervised and potentially unsafe. As the school counselor, Im expected to follow up with all the students for whom alerts were received. 338 0 obj <>/Filter/FlateDecode/ID[<01492B166E96BD43A1D23E0349E6F844><28A79EEAB566DE488238925B844DFC92>]/Index[325 29]/Info 324 0 R/Length 73/Prev 54860/Root 326 0 R/Size 354/Type/XRef/W[1 2 1]>>stream