Ethical Practices for School Services Personnel

Edited by Gaylon James Nettles, Esq.

US Department of Education

Family Educational Rights and Privacy Act
http://www.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf

Forum Guide to Protecting the Privacy of Student Information: State and Local Educational Agencies
http://nces.ed.gov/forum/pub_2004330.asp

School Safety and Privacy
http://www.ed.gov/policy/gen/guid/fpco/brochures/elsec.html

Family Policy Compliance Office
http://www.ed.gov/policy/gen/guid/fpco/index.html

HIPAA and FERPA
From US DOE:http://www.ed.gov/policy/gen/guid/fpco/doc/ferpa-hipaa-guidance.pdf

Protection of Pupil Rights Amendment
http://www.ed.gov/policy/gen/guid/fpco/ppra/index.html

US Department of Health and Human Services

Release of Alcohol and Drug Abuse Treatment Records
http://www.hipaa.samhsa.gov/Part2ComparisonCleared.htm

Select Indiana Code References

^*Release of Mental Health Records
http://www.in.gov/legislative/ic/code/title16/ar39/ch3.html

^*Indiana School Counselors Privileged Communication: IC 20-28-10-17

School counselors; privileged or confidential information

Sec. 17. (a) Except as provided in IC 31-32-11-1, a school counselor is immune from disclosing privileged or confidential communication made to the counselor as a counselor by a student.
(b) Except as provided in IC 31-32-11-1, the matters communicated are privileged and protected against disclosure.
As added by P.L.1-2005, SEC.12.

^*Indiana Social Worker Privilege

IC 25-23.6-1-3.8
"Counselor"

Sec. 3.8. Except as provided in IC 25-23.6-7-5, "counselor" refers to a social worker, a clinical social worker, a marriage and family therapist, a mental health counselor, an addiction counselor, or a clinical addiction counselor who is licensed under this article.
As added by P.L.147-1997, SEC.18. Amended by P.L.122-2009, SEC.14.

IC 25-23.6-6-1
Matters related in official capacity; exceptions to privilege

Sec. 1. Matters communicated to a counselor in the counselor's official capacity by a client are privileged information and may not be disclosed by the counselor to any person, except under the following circumstances:

1. In a criminal proceeding involving a homicide if the disclosure relates directly to the fact or immediate circumstances of the homicide.
2. If the communication reveals the contemplation or commission of a crime or a serious harmful act.
3. If:
   1. the client is an unemancipated minor or an adult adjudicated to be incompetent; and
   2. the information communicated to the counselor indicates the client was the victim of abuse or a crime.
4. In a proceeding to determine mental competency, or a proceeding in which a defense of mental incompetency is raised.
5. In a civil or criminal malpractice action against the counselor.
6. If the counselor has the express consent of:
   1. the client; or
   2. in the case of a client's death or disability, the express consent of the client's legal representative.
7. To a physician if the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with the client.
8. Circumstances under which privileged communication is abrogated under Indiana law. As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.57.

^*Statutes that Confer Privilege [including School Psychologists]
http://www.in.gov/legislative/ic/code/title34/ar46/ch2.html

American School Counselor Association

Ethical Standards for School Counselors
http://www.schoolcounselor.org/files/ethical%20standards.pdf

National Association of Social Workers

NASW Code of Ethics
http://www.socialworkers.org/pubs/code/code.asp

Confidentiality and School Social Work: A Practice Perspective [an NASW online publication]https://www.socialworkers.org/practice/school/cfs0202.asp?back=yes