School counselors have numerous professional, ethical, and legal obligations related to court-ordered requests for student records and/or other information. At times, the demands of the legal system may conflict with a school counselor’s ethical obligation to maintain confidentiality of records. In particular, two federal statutes, the Health Insurance Portability and Accountability Act (HIPAA) and FERPA have influenced the maintenance and release of school counseling records. It is important for school counselors to have a working knowledge of how to respond to court orders, the release of student records, or compelled testimony. School counselors should operate under the assumption that at some point, a variety of interested parties, including colleagues, attorneys, child protection agencies, courts, school administration, and the student or guardian, may obtain access to student records. Student notes, discipline or attendance records, grades, background information, and memos reflect the various types of possible school counseling records of interest to the parties mentioned above. For this Discussion, review the resources for this week and consider the importance of record keeping and the many forms it may take in school counseling.
