As school counselors, we often encounter many parents who are avid advocates for their students. At times, these parents may request information from their student’s school counselors, which may or may not be appropriate due to our duty to keep certain student information confidential. This can be a fine line, but it is helpful for all school counselors to understand the rights that parents have and do not have, in order to abide by our legal responsibility while maintaining harmony with our students’ parents.
Rights that Parents Have:
- Access their student’s educational records (Family Educational Rights and Privacy Act - FERPA) up until the student is 18 years old. Educational records include grades, attendance, office discipline referrals, suspensions, and any other written information about a student. However, it is important to note that school counselors’ case notes are considered “sole-possession records” rather than educational records if they “serve as a memory aid, [are] not… accessible or shared in verbal or written form, [are]... private note[s] by the individual possessing it and include only observations and professional opinions” (ASCA).
- Implement Individualized Education Plans (IEPs), request educational placements, and initiate assessments as an Educational Rights Holder (ERH) (CA EDC 56055). As an ERH, parents, as well as legal guardians and any court-appointed individuals (foster parent, relative caregiver, etc), have the rights to make decisions on their student’s education.
- Have personal information (regarding the student) disclosed by the parent be confidential (CA EDC 49602). Just as confidentiality protects what students may disclose about themselves, confidentiality also protects parents who disclose information about their student.
- Know if their student is in danger to themselves or others (CA EDC 49602). In the most extreme cases, parents have the right to know if their student is causing self-harm, having suicidal ideation, or at risk of harm from another. However, parents have the right to know about their student’s overall safety, which could include disclosed or known sexual behaviors and drug use.
- Give or deny consent to individual and group counseling services (FERPA). Parents must be informed and have the opportunity to provide informed consent for their student to engage in individual and group counseling.
However, it is important to note that minors 12 years old or older are able to consent for themselves to mental health services (Mental Health Services for At-Risk Youth Act - CA SB 543).
- Forbid their student from receiving counseling from a school counselor (FERPA). While parents do have the right to forbid a school counselor from providing individual or group counseling to their student, parents cannot forbid their student from receiving regular educational services.
Rights that Parents DO NOT Have:
- Access confidential information from counseling sessions. Parents do not have the right to request what was shared in a counseling session. For group counseling, parents are also unable to request the names of other students in the same counseling group or know the details of what was discussed. In order to maintain confidentiality and trust within the student/counselor relationship, school counselors must keep the information shared within an individual or group counseling session private, unless the safety of a student is in danger.
- Refuse to provide adequate shelter, food, and health care for their student. If parents fail to provide for their student’s basic needs, or fail to address any known physical and mental health concerns for their student, these parents may be guilty of neglect.
- Prevent any mandated reporting for instances of violence, abuse, neglect. School counselors are mandated reporters and are required by law to report instances of violence, abuse, and neglect. Parents cannot prevent school counselors from following their legal responsibility, even if that means the child must be separated from their parents. Under the Uninterrupted Scholars Act and Child Abuse Protection and Treatment Act (CAPTA), schools can disclose student records to state or local child welfare agencies in order for students to receive proper care and protection.
- Revoke another parent’s right as an ERH (without a court mandate). In instances of separation or divorce, some parents may ask that the school counselor withhold student information from the other parent or legal guardian. However, parents and legal guardians with the title of Educational Rights Holder will have their parental rights under FERPA and CA Education Code, unless there is a court order to revoke those rights.
- Forbid school counselor from implementing schoolwide counseling programs and services to their student. As mentioned above, school counseling is considered a part of the school wide services that are provided to all students. Thus, if a parent forbids the school counselor from providing individual or group counseling to their student, the school counselor can still provide regular educational services, such as academic/career counseling and classroom lessons.
Please note that these parental rights may differ for parents with students over the age of 18 and students who are legally emancipated. As always, we recommend that you check with your local school district for any other rules, conditions, and best practices that could affect parental rights. Collaboration is key, so do not be afraid to speak with your school administrators for more clarity.
- Counselor’s Circle
Sources, as of 4/2019: FERPA, ASCA, EDC 56055, EDC 49602, SB 543, CAPTA, Uninterrupted Scholars Act, School Counseling Zone.
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