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LEGAL ETHICAL RESPONSIBILITIES

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LEGAL ETHICAL RESPONSIBILITIES

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    2. The Family Educational Rights and Privacy Act provides rights for families concerning school records.The Family Educational Rights and Privacy Act provides rights for families concerning school records.

    3. Confidentiality / Privileged Communication Confidentiality is an ethical concept which states that what is said between two people will remain secret and will not be shared without consent. The ASCA There are two exceptions. One is in the case of child abuse. If a student tells a school counselor about expected child abuse, the counselor is bound by law to break confidentiality. Other other case involves potential harm to self and/or others. For example, if a student talks about suicide, an eating disorder, a medical condition for which the student is not receiving medical attention, or drug use, and the counselor feels that potential harm is possible, the counselor is required to break confidentiality. Privileged communication is a legal concept that protects school counselors from forced disclosure. School counselors and school social workers have privileged communication. School nurses and school psychologists do not have privileged communication. The other law that impacts confidentiality is the Federal Educational Right to Privacy Act (FERPA). This act states that a student’s educational records are private. They may not be released without consent of the student’s parents. (note specifics on the next slide) Most schools use a “School Records Release” form in which parents (or 18 year students) can check which records are being released, to whom, and for what purposes.Confidentiality is an ethical concept which states that what is said between two people will remain secret and will not be shared without consent. The ASCA There are two exceptions. One is in the case of child abuse. If a student tells a school counselor about expected child abuse, the counselor is bound by law to break confidentiality. Other other case involves potential harm to self and/or others. For example, if a student talks about suicide, an eating disorder, a medical condition for which the student is not receiving medical attention, or drug use, and the counselor feels that potential harm is possible, the counselor is required to break confidentiality. Privileged communication is a legal concept that protects school counselors from forced disclosure. School counselors and school social workers have privileged communication. School nurses and school psychologists do not have privileged communication. The other law that impacts confidentiality is the Federal Educational Right to Privacy Act (FERPA). This act states that a student’s educational records are private. They may not be released without consent of the student’s parents. (note specifics on the next slide) Most schools use a “School Records Release” form in which parents (or 18 year students) can check which records are being released, to whom, and for what purposes.

    4. The Family Educational Rights and Privacy Act provides rights for families concerning school records.The Family Educational Rights and Privacy Act provides rights for families concerning school records.

    5. Title IX – Gender Equity Confidentiality is an ethical concept which states that what is said between two people will remain secret and will not be shared without consent. The ASCA There are two exceptions. One is in the case of child abuse. If a student tells a school counselor about expected child abuse, the counselor is bound by law to break confidentiality. Other other case involves potential harm to self and/or others. For example, if a student talks about suicide, an eating disorder, a medical condition for which the student is not receiving medical attention, or drug use, and the counselor feels that potential harm is possible, the counselor is required to break confidentiality. Privileged communication is a legal concept that protects school counselors from forced disclosure. School counselors and school social workers have privileged communication. School nurses and school psychologists do not have privileged communication. The other law that impacts confidentiality is the Federal Educational Right to Privacy Act (FERPA). This act states that a student’s educational records are private. They may not be released without consent of the student’s parents. (note specifics on the next slide) Most schools use a “School Records Release” form in which parents (or 18 year students) can check which records are being released, to whom, and for what purposes.Confidentiality is an ethical concept which states that what is said between two people will remain secret and will not be shared without consent. The ASCA There are two exceptions. One is in the case of child abuse. If a student tells a school counselor about expected child abuse, the counselor is bound by law to break confidentiality. Other other case involves potential harm to self and/or others. For example, if a student talks about suicide, an eating disorder, a medical condition for which the student is not receiving medical attention, or drug use, and the counselor feels that potential harm is possible, the counselor is required to break confidentiality. Privileged communication is a legal concept that protects school counselors from forced disclosure. School counselors and school social workers have privileged communication. School nurses and school psychologists do not have privileged communication. The other law that impacts confidentiality is the Federal Educational Right to Privacy Act (FERPA). This act states that a student’s educational records are private. They may not be released without consent of the student’s parents. (note specifics on the next slide) Most schools use a “School Records Release” form in which parents (or 18 year students) can check which records are being released, to whom, and for what purposes.

    6. The Family Educational Rights and Privacy Act provides rights for families concerning school records.The Family Educational Rights and Privacy Act provides rights for families concerning school records.

    7. Child in Need of Services Indiana Code defines “Child in Need of Services”Indiana Code defines “Child in Need of Services”

    8. Signs of Child in Need of Services While there are no federal or state laws requiring parent permission for student assistance services (counseling, social work, psychological services), special education and Section 504 does require parent notification.While there are no federal or state laws requiring parent permission for student assistance services (counseling, social work, psychological services), special education and Section 504 does require parent notification.

    9. Duty to Report Child Abuse Indiana Code states that child abuse or neglect must be reported to the local child protection service or the local law enforcement agency.Indiana Code states that child abuse or neglect must be reported to the local child protection service or the local law enforcement agency.

    10. How to Report Indiana Code states that child abuse or neglect must be reported to the local child protection service or the local law enforcement agency.Indiana Code states that child abuse or neglect must be reported to the local child protection service or the local law enforcement agency.

    11. The Family Educational Rights and Privacy Act provides rights for families concerning school records.The Family Educational Rights and Privacy Act provides rights for families concerning school records.

    12. MALPRACTICE Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.

    13. The Difference Between Counseling, Guidance, Active Listening Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.

    14. LIBEL / SLANDER / DEFAMATION Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.

    15. The Family Educational Rights and Privacy Act provides rights for families concerning school records.The Family Educational Rights and Privacy Act provides rights for families concerning school records.

    16. Analysis / Evaluation / Survey Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.Some interpret this language to read that schools may ask students to voluntarily participate in personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. School counselors are advised to check with their principal, superintendent, or school attorney in the interpretation of this language at their school.

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