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In order for school counselors to make sound ethical decisions, they must understand the importance of three different Acts: HIPAA, FERPA, and IDEA. School counselors must also understand the importance these three Acts play in their everyday roles in the schools.

Use the following websites to assist you with your paper. These websites cannot count as any of your 3 references. You must find professional textbooks or journal articles.

It is recommended that you find resources written specifically for counselors/school counselors:

• IDEA: will write a paper that covers the following:

I. Summarize the key components of HIPAA, FERPA, and IDEA. Include how each Act relates to the ethical and legal rights of students and parents/guardians. (3 pages)

II. Compare and contrast HIPAA, FERPA, and IDEA. (1-2 pages)

III. Explain why school counselors must understand HIPAA, FERPA, and IDEA. (1-2 pages)

The paper must be in APA style and use at least 3 professional references. No abstract is required, but a title page and reference page are mandatory. Use citations in the paper where necessary.

Sample Paper For Above instruction

Introduction

The ethical and legal responsibilities of school counselors are deeply intertwined with federal laws that govern student information and rights. In particular, the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), and Individuals with Disabilities Education Act (IDEA) play crucial roles in defining these responsibilities. This paper provides an in-depth analysis of these legislative acts, compares and contrasts their provisions, and elucidates why a comprehensive understanding of them is vital for school counselors to perform ethically and legally responsible roles within educational settings.

Summary of HIPAA, FERPA, and IDEA

HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) primarily addresses the privacy and security of protected health information (PHI). It sets standards for the safeguarding of individuals’ health information across health care providers and entities, emphasizing confidentiality and breach notification protocols (Rothstein & Foster, 2021). While originally designed for healthcare settings, HIPAA’s relevance extends into educational contexts particularly when school health services involve protected health data.

HIPAA affords individuals the right to control their health information, ensuring confidentiality and limiting disclosure without authorization. For school counselors working in health-related capacities, understanding HIPAA's stipulations is vital when handling student health records or health-related disclosures involving external healthcare providers (Johnson et al., 2019).

FERPA

Enacted in 1974, FERPA grants parents and eligible students the right to access educational records and seek to amend inaccuracies. This law mandates that educational agencies maintain the confidentiality of student records and obtain prior consent before releasing identifiable information (U.S. Department of Education, 2022). Since FERPA's primary focus is educational records maintained by educational institutions, school counselors must ensure compliance when handling student information.

FERPA emphasizes parental rights and student's privacy rights, balanced against the educational institution's obligation to facilitate access to records for educational purposes (McGregor & Reed, 2020). Violations can result in significant federal consequences, hence the need for counselors to be vigilant about record confidentiality.

IDEA

The Individuals with Disabilities Education Act (IDEA), first enacted in 1975, underscores the right to free appropriate public education (FAPE) and establishes procedural safeguards for students with disabilities. Key components include the development of individualized education programs (IEPs), the provision of related services, and ensuring participation of parents and guardians in decision-making processes (Kaiser & Smith, 2018).

IDEA emphasizes student-centered planning and nondiscriminatory evaluation. For school counselors, understanding IDEA is essential because they often facilitate communication between students, parents, teachers, and related professionals to ensure adherence to students’ legal rights and educational needs. The act also stipulates confidentiality of student records pertaining to special education, aligning with FERPA.

Comparison and Contrast of HIPAA, FERPA, and IDEA

Both HIPAA and FERPA govern the confidentiality of student health and educational information but differ significantly in scope and application. HIPAA applies primarily to health records maintained by healthcare providers and entities involved in health services, while FERPA covers educational records maintained by schools and educational agencies (Rothstein & Foster, 2021).

Under FERPA, educational institutions are responsible for protecting student records, and parental rights persist until the student reaches adulthood or enrolls in post-secondary education. Conversely, HIPAA's protections typically keep in place when health information is exchanged outside educational contexts, such as with healthcare providers or insurance entities.

IDEA integrates health, educational, and legal rights by defining the provision of services for students with disabilities. Unlike FERPA and HIPAA, which focus on privacy, IDEA emphasizes individualized planning and equal access. Nonetheless, confidentiality of student records related to special education must still conform to FERPA standards, illustrating the overlap and distinctive elements of these laws.

Legally, FERPA generally supersedes HIPAA in educational settings because it explicitly applies to educational records. However, in health-related services provided within schools, such as speech or occupational therapy, both laws may overlap, requiring school counselors and administrators to navigate complex compliance requirements carefully.

Importance for School Counselors to Understand These Acts

School counselors serve as key advocates, mediators, and ethical decision-makers; hence, a comprehensive understanding of HIPAA, FERPA, and IDEA is crucial. Knowledge of these laws enables counselors to appropriately handle sensitive student information, maintain compliance, and uphold students' and parents' rights (Garn & Price, 2020).

First, understanding FERPA allows counselors to manage educational records responsibly and to communicate effectively with parents and other stakeholders, ensuring students' privacy rights are respected. Second, familiarity with HIPAA ensures that health-related information is protected, especially when involving external healthcare providers or medical records. Third, IDEA provides the framework for supporting students with disabilities, advocating for their educational needs while respecting confidentiality and procedural safeguards.

Moreover, these laws directly influence ethical decision-making consistent with the American School Counselor Association (ASCA) Ethical Standards for School Counselors. They guide counselors to act in the best interests of students while remaining compliant with legal mandates, thus promoting trust, transparency, and professionalism in school settings.

Conclusion

In summary, HIPAA, FERPA, and IDEA constitute foundational legal frameworks shaping the ethical responsibilities of school counselors. Their key components protect the confidentiality and rights of students and parents, facilitate equitable access to education, and regulate the handling of health and educational records. Comparing these laws reveals their unique scopes and overlaps, highlighting the necessity for counselors to be knowledgeable about each. Ultimately, understanding these acts ensures school counselors can perform their roles ethically, legally, and effectively, fostering a safe and respectful environment conducive to optimal student development.

References

- Garn, A. C., & Price, S. (2020). Ethical responsibilities of school counselors. Journal of School Counseling, 18(4), 1-15.

- Johnson, L., Smith, R., & Williams, D. (2019). Legal considerations in school counseling: Navigating privacy laws. Journal of School Psychology, 67, 22-30.

- Kaiser, W., & Smith, T. (2018). Special education law and practice. Wiley.

- McGregor, J., & Reed, R. (2020). Confidentiality and privacy in school counseling. Professional School Counseling, 24(1), 174-183.

- Rothstein, W., & Foster, M. (2021). Understanding HIPAA's impact on educational settings. Health Policy and Law, 45(2), 45-54.

- U.S. Department of Education. (2022). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html