Correct Answer: inform the therapist that the student's parents will have to provide permission to allow the counselor to speak to her about the student. when dealing with sensitive information pertaining to a student's performance or health, it's imperative to adhere to legal and ethical guidelines that safeguard student confidentiality. in the scenario where ms. nichols, a speech therapist, requests information about a student from the student's counselor, the appropriate protocol involves several key steps to ensure compliance with these guidelines.
firstly, it is important to recognize that the family educational rights and privacy act (ferpa) governs the access and disclosure of educational records and personally identifiable information. under ferpa, school officials, which can include counselors, are generally not allowed to disclose personally identifiable information from a student's educational records to third parties without written consent from the student's parents or guardians. this holds true unless an exception under ferpa applies, which in this case, does not.
given that ms. nichols is an outside therapist and not a school official, she does not automatically have the right to access confidential information about the student without explicit permission from the student’s parents or guardians. the counselor’s responsibility, therefore, is to protect the student’s privacy by not disclosing any details until such permission is obtained.
the counselor should inform ms. nichols that they would need written consent from the student's parents or guardians before any information related to the student's performance can be shared. this process involves contacting the parents or guardians, explaining the request from ms. nichols, and obtaining their written consent, ideally specifying what information can be shared.
it’s also crucial for the counselor to document this interaction with both ms. nichols and the student’s parents. if consent is granted, the counselor should keep a record of what information was shared and when, ensuring that all disclosures are within the boundaries of what the parents agreed to. this meticulous documentation serves as a protective measure for both the student and the school, ensuring all actions are transparent and within legal bounds.
in conclusion, the counselor's response to ms. nichols should be guided by a commitment to uphold the law and ethical standards concerning student confidentiality. by requiring parental permission before discussing a student’s performance with an outside therapist, the counselor ensures that the student’s rights are respected and that the school remains compliant with ferpa regulations. this approach not only protects the student’s privacy but also fosters a trustful relationship between parents, the school, and external service providers.
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