ERIC Number: ED279064
Record Type: RIE
Publication Date: 1987-Mar
Reference Count: 0
Student Privacy and School Responsibility.
Legal Memorandum, Mar 1987
This pamphlet considers students' right to privacy and the application of this right to the confidentiality of information disclosed to administrators and counselors. Privacy is also considered in regard to special problems associated with counseling students about drugs, contraceptives, sexually transmitted diseases, abortion, and possible threat in the case of a dangerous student. Confidentiality in counseling is extremely important and plays a large role in the decision of a student to speak with a counselor, yet the parents of the minor have a legal right to make decisions for their children. To create an atmosphere of trust, students should be told when information will not be kept confidential. Counselors who see students believed to be dangerous may have to refer the student to a mental health professional or authority, because of the schools' obligation to maintain a safe environment. All cases of abuse or neglect must be reported, regardless of the source of information, in compliance with state law. Failure to report suspected incidents may have more serious repercussions than an incorrect report made in good faith to an appropriate agency; criminal charges could result if a child is injured after the counselor had become aware of the potential danger. (WTH)
Descriptors: Administrator Responsibility, Child Abuse, Civil Liberties, Counselor Client Relationship, Family Planning, Parent Rights, Privacy, School Counseling, School Responsibility, Secondary Education, Student Rights, Student School Relationship
Publication Sales, National Association of Secondary School Principals, 1904 Association Drive, Reston, VA 22091 ($1.00; quantity discounts).
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Descriptive; Collected Works - Serials
Education Level: N/A
Audience: Counselors; Administrators; Practitioners
Authoring Institution: National Association of Secondary School Principals, Reston, VA.
Note: Revised from Steven R. Smith's article in Journal of Law and Education, Winter 1986, published by the Jefferson Law Book Co., Cincinnati, Ohio.