Consent and Confidentiality
In general, school-wide counseling activities and whole grade level lessons do not require consent to participate, as school counseling services are a part of the general educational program open to all students. Small group and individual counseling services do require parent or guardian consent prior to student participation, with the following exceptions:
As per California law, if a child is twelve years or older they may consent to receive counseling services.
In the case of a crisis, a school counselor may provide one to two sessions for a student, regardless of age, to determine the scope of the problem and to apply problem-solving and crisis resolution techniques. Parent/guardian(s) will be informed of the crisis counseling activities and any future sessions will require consent for children ages 11 and under.
The role of the school counselor in regards to 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:
Student poses a danger to self or others.
Court ordered disclosure.
Consulting with other professionals in support of the student, i.e., colleagues, supervisors, treatment teams, and other support personnel.
Privilege communication is not granted by state laws and local guidelines, i.e., school board policies.
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 assert their belief that information shared by students is “confidential” and should not be revealed without the student’s consent.
To adhere to all laws protecting student records, health information, and special services, i.e., HIPAA, FERPA, IDEA.