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CONFIDENTIALITY IN SCHOOLS
Many teachers agree that September is the best month of the school year. Pencils are
sharpened, there is the smell of new books, the desks and room are all tidy and children arrive to
school tanned from the summer, keen and ready to learn. This is a month that is spent getting to
know each other. Information is shared freely between staff members in the staff room as
teachers are busy trying to figure out the intricate dynamics of their new classroom. This is also
a time when private psychologists begin to receive an influx of new referrals for educational
assessments and counselling support. The relationship between schools and independent
psychologists can be extremely beneficial for all parties. However, at times it can raise ethical
dilemmas stemming from discrepancies between codes of conduct, professional standards, and
conflicting loyalties. This paper will explore confidentiality in regards to the private lives of
elementary school children. In particular, it will look at the importance of confidentiality,
present an ethical dilemma, review relevant ethical codes and standards for teachers and
psychologists, and identify ways to resolve this common problem in school settings.
How much information should a classroom teacher have about an individual child? What
are a psychologists boundaries of sharing a childs history with school staff? Does sharing this
information help or hinder the child in the classroom? What are the expectations and limits to
confidentiality in a school setting? These questions help highlight the challenges associated with
supporting children with complex needs and diverse histories. Each student comes to school
with a life that exists outside of the classroom. Parents are not always inclined or bound to share
their personal information with school personnel. It is imperative that school staff strives
towards the confidential treatment of personal information.
There is a great deal of literature indicating that strong school and family connections
help increase a students overall success (Epstein & Dauber, 1991). Building positive
CONFIDENTIALITY IN SCHOOLS
relationships with parents and children is an important aspect of teaching and forming trusting
relationships. As Truscott and Crook (2004) posit, respecting the confidential information of a
person reflects responsible caring as sharing information without someones consent damages the
trust and can leave feelings of betrayal. While children are considered minors, this betrayal is no
different and children deserve the same level of care as would be given to adults (Truscott &
Crook, 2004). Although the vast majority of educators have the best intentions when sharing a
students personal information, these violations of privacy can jeopardize trust in school
personnel, thereby negatively impacting the child in the process (Cohen and Mannarino, 2011).
Confidentiality is based on the ethical principle of dignity of the individual and
recognizes that all people should have the right to determine who has access to their personal
information (Truscott and Crook, 2004). Ensuring the confidentiality of a childs information is
not only a teachers ethical professional obligation, it is a legal right (Alberta Teachers
Association, 1998). However, educators are often faced with the difficult task of balancing the
rights of individual students while protecting the student body from harm (Drodge, 1997).
Teachers are required to abide by minimum standards of professional conduct and failure to do
so could result in a charge of unprofessional conduct (ATA, 1998). As noted in the Code of
Professional Conduct of the Alberta Teachers Association (1998), The teacher may not divulge
information about a pupil received in confidence or in the course of professional duties, except as
required by law or where, in the judgment of the teacher, to do so is in the best interest of the
pupil (section 5).
When parents seek the guidance of a professional, it is with the expectation that the
services will benefit and provide further support for their child. Psychologists also have an
obligation to protect the information of their clients when working with schools. As indicated in
CONFIDENTIALITY IN SCHOOLS
the section 19 (1) of the College of Alberta Psychologists Standards of Practice (2005),
psychologists can not disclose confidential information about a client without the informed
written consent of the client, or in the case of minors their legal guardians. If however, the
psychologist is able to share confidential information if they feel that doing so could prevent
immediate and grave harm to the client or another persons mental or physical health or safety
(CAP, 2005, p.7). If a psychologist does choose to disclose personal information, they are
expected to limit disclosure of that information to those persons who reasonably need to know,
and to the extent necessary in the circumstances (CAP, 2005, p.7). The Professional Guidelines
for Psychologists (2005) reiterates these aforementioned fundamental principles of privacy
protection and add that psychologists must be careful that they are providing information to
people that have the knowledge and skills to interpret it properly. Furthermore, these guidelines
state that psychologists need to ensure that their client (or guardian in the case of minors) is
aware of the risks and benefits associated with releasing confidential information (CAP, 2005).
If both teachers and psychologists are bound by similar professional and legal
obligations, where does the break in sharing private information occur? Although it is
imperative that educators have an awareness of their responsibilities with protecting the
confidential information of the children in their care, many school policy guidelines on
confidentiality are unclear, ambiguous or non-existent (Drodge, 1997). As a result, teachers
often inadvertently disclose personal information about students not realizing the potential harm
that they may be causing. Most teachers understand that a fundamental aspect of their job is to
keep students safe and protected from harm. These are the times where confidentiality must be
broken (Truscott and Crook, 2004). However, there are many times when safety issues are not
the concern and information is still shared freely and inappropriately. For example, Roberts and
CONFIDENTIALITY IN SCHOOLS
McMath (2006), provide the example of a teacher sharing the private and personal information
about a student in their class with the entire class. This break in confidentiality occurred without
parental consent, and resulted in feelings of embarrassment for the child and frustration for the
parents (Roberts & McMath, 2006). They identify that part of the reason for the inconsistent
approaches with sharing personal information exist as a result of lack of guidelines for teachers
and school personnel (Roberts & McMath, 2006).
In my personal experience, it appears as though teachers and school administrators are
quick to fall to the reasoning that sharing personal information is done to protect the student
population from harm, often when it has little to do with safety. This appears to be a delicate
judgment call that varies from one school to another with little respect towards a childs basic
human rights towards their privacy and right to confidentiality (Truscott and Crook, 2004).
Perhaps one of the reasons for this discrepancy is the difference in ethical training provided to
educators and psychologists. As Cohen and Mannarino (2011) state, unlike mental health and
medical providers, educators may not understand the laws and regulations guiding how and when
childrens or familys personal information should be shared (p. 128).
The Canadian Code of Ethics for Psychologists (2000) can be an extremely helpful tool
for school personnel to reference providing a moral framework and ensuring ethical practice
when sharing the confidential information of the students in their care. The importance of
confidentiality is interwoven throughout the Code (COE, 200). To help illustrate the importance
of confidentiality, this paper will examine an ethical dilemma and then apply the Ethical
Decision-Making Process.
I am currently the Special Education Coordinator at a small independent school. When
children are experiencing significant challenges and they are not responding to classroom
CONFIDENTIALITY IN SCHOOLS
interventions and school based strategies, we often refer families to seek the guidance and
expertise of a Registered Psychologist. Many times referrals are for psychoeducational
assessments, but there are also times when referrals are based on a childs social or emotional
needs.
This situation involves a referral based on the social and emotional needs of a young boy
in grade one. At the beginning of the school year, the teacher was quickly and repeatedly
informed that one of her students was inappropriately touching his genitals and showing them to
his classmates. When speaking to this boy, it was quite clear that he was or had been sexually
abused and she went through the appropriate channels to report the abuse. The boy was removed
from his parents house and placed with his grandparents. He was being abused in both his
mothers and his fathers households. A social worker, abuse counsellor and psychologist were
all assigned to help him and his family. The boy was significantly impacted and as a result of the
emotional and physical trauma, he was working considerably below grade level expectations and
experiencing a great deal of social, emotional and behavioural challenge at school. A Student
Support Plan was drafted to help provide a higher level of service.
I left the school for a three-day conference and upon my return, learned that the majority
of the staff were fully aware of the confidential details of this boys situation. I was horrified.
When I further investigated how this sensitive information came to be so transparently shared, I
discovered that the details were disclosed at a staff meeting during my absence.
Earlier in the week, I had contacted the psychologist (as per the Grandmothers request
and with her consent) to ask if the psychologist had any recommendations for strategies to
support the childs current needs. The psychologist working with the boy had returned my call.
When the psychologist was informed of my absence, they asked to speak to the classroom
CONFIDENTIALITY IN SCHOOLS
teacher. The classroom teacher was provided with a great deal of confidential information and
the teacher then shared this information during a staff meeting.
I shared my significant concerns with the school administration team. However, they did
not appear to feel that it was a cause for concern and instead suggested that I remind the
classroom teacher not to share the information with anyone else. Of course, I was left with
several questions: is it the schools responsibility, the psychologists responsibility or a mutual
responsibility to ensure confidentiality of a childs information? What could I do to help prevent
that situation in the future and what are my ethical and legal responsibilities? To help answer
these questions, I will be using the Ethical Decision-Making Model to identify how I can
ethically resolve this dilemma.
Step 1. Identification of Individuals and Groups Potentially Affected by the Decision
The individuals that I see being affected by any decision I make are the teachers at my
school, the Administration, the children of our school and their parents, psychologists working
with our school and the Special Education team consisting of my colleague and myself. This
further extends to society in general and education and psychology as a discipline. I believe that
my greatest responsibility in this situation is to the children at the school.
Step 2. Identification of Ethically Relevant Issues and Practices
Principle/Value
My Thoughts
Principle I: Respect For The Dignity Of Person
I.1 Demonstrate appropriate respect for the
I need to respect the expertise of the
knowledge, insight, experience and areas of
expertise of others.
CONFIDENTIALITY IN SCHOOLS
of others.
rights.
human rights.
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did have informed consent to speak with
school personnel, they should feel confident
that that information would remain private.
to others.
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understood.
the fall.
consequences of non-action.
I. 26 Clarify the nature of multiple relationships This is a difficult one. The family hired the
to all concerned parties before obtaining
consent
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counseling, the school does not need to know
all of the details, unless she saw it as a safety
concern (which was not communicated).
been excluded.
members have for the protection of confidential the handling of the confidential information.
information.
I.45 Share confidential information with others
students.
CONFIDENTIALITY IN SCHOOLS
I. 46 Encourage others, in a manner consistent
12
This will be one of my professional goals for
with this Code, to respect the dignity of persons this coming year. I see great value in
and to expect respect for their own dignity.
Principle II: Responsible Caring
II.1 Protect and promote the welfare of clients,
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of others.
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agreement.
of others.
standards at my school.
integrity.
Principle IV: Responsibility To Society
IV.10 Uphold the disciplines responsibility to
childs information.
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confidentiality policy.
of the Code.
society
abilities to exercise responsibility to society.
Step 3. Consideration of How Personal Biases, Stresses, or Self-interest Might Influence
the Development of or Choice Between Courses of Action
My initial reaction was frustration, shock, and confusion: frustration that the teacher
shared the information with the staff as it was an unnecessary invasion of privacy; shock that
everyone was talking about the boys personal information in the staff room; confusion with my
role and whether or not I should have been upset. I have high expectations for how the
information of my students is protected and get frustrated when I feel that teachers do not uphold
the same standards. I sometimes feel that because children are minors, some teachers do not feel
that their private information is as important as an adults. I knew that what happened was not
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appropriate, but prior to completing this course, I did not have a framework, language or
understanding to be able to articulate my concerns. Although I shared my concerns with the
Head of School, the exchange left me feeling dismissed and embarrassed that I had been so
upset. Now that I have completed this ethics course, I know that I had every right to advocate
for the students needs. I need to determine a course of action to help ensure that we improve our
practices at the school.
Step 4. Development of Alternative Courses of Action
After going through the Ethical Principles and Respective Values and Standards, I have
decided that I would like to reopen the discussion with the School Administration instead of just
forgetting about it and moving on. I feel that there is potential for this happening again and I
would like to help use what I have learned to prevent this type of unethical practice. There are
two courses of action that I think I should explore further:
Alternative 1. First, I am interested in contacting the psychologist to discuss my
thoughts and concerns with them and to obtain their understanding of the situation. Although
this happened in the past, I would like to know what level of informed consent was obtained to
discuss her findings and recommendations with the school. I would like to inform them of the
situation that occurred after their discussion with the classroom teacher. In the conversation, I
will see if the psychologist acknowledges their role in the situation. If so, I will ask the
psychologist to join me in deciding how to prevent this type of situation in the future. Next, I
would phone the childs guardians to tell them that there was a breach of confidentiality with
their sons information, but that I have spoken with the psychologist and that we have formed a
plan to ensure that this will not happen again. I will clarify their level of informed consent and
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ask to have a meeting with the parents and psychologist to review this in person as well as to
have a signed document indicating what was discussed.
Alternative 2. At the beginning of September, I will set-up a meeting to share aspects of
this paper with my school administration team. I will help them understand my serious concerns
with the actions that took place last school year and express my desire that we formulate a plan
to ensure that this level of unethical practice does not occur again. I will review and explain the
legislation and Ministry of Education policies on the sharing and protection of confidential
information. I will explain that although I agree that some information needs to be shared with
staff members, it needs to be done on a need to know basis and thoughtful of the risks
associated with sharing a childs personal information. I will suggest that we create an informed
consent and confidentiality policy that can be shared with the entire staff as well as psychologists
hired by the school or by parents. In addition, I will suggest that when a psychologist is
performing an assessment or working with a child and they would like to speak with the school,
that we ensure that informed consent has been provided and at what level. I will also suggest
that we have face-to-face meetings with parents/guardians and the psychologist when sensitive
information is shared so that the parents/guardians are clear on the information shared with the
school. I will also suggest that the school creates a School Based Team. This could potentially
help provide a forum where information can be shared with a group of individuals and not during
staff meetings. Finally, I would like to contact the psychologist to inform them of what
happened after their conversation with the classroom teacher. I would like to get their
perspective of the situation and get an idea of why they may have felt the need to disclose so
much personal information. This will be non-judgmental and I will explain that it is a learning
opportunity for me as I am training to be a school psychologist. I will clarify the schools policy
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regarding informed consent and confidentiality and request that set-up a face-to-face meeting
with the parents and the School when sharing sensitive information.
Step 5. Analysis of Likely Short-term, Ongoing and Long-term Risks and Benefits
Alternative 1: There are many possible negative outcomes that I conceive could result from with
this course of action: The psychologist might become defensive, the psychologist was hired by
the parents and owes me no obligation to figure out how to decide how to solve the problem; I
dont want to burn bridges with a highly skilled psychologist that the school has an excellent
relationship and who has provided a high level of service every other time; I dont know the
psychologists perspective or what really took place in the conversation with the teacher, perhaps
the information was received from a different source; and contacting the guardians of this child
could create an enormous amount of recourse for me. It could create feelings of hurt and
betrayal amongst the family and the school as well as towards the psychologist. This would not
be beneficial for anyone. If my intent is to prevent this type of situation from happening again,
perhaps I should look towards the future instead of stirring up the past.
Alternative 2: This course of action has many positive and some negative outcomes. It brings
transparency to the issues and prevents it from happening again. It gives the administrative team
a sense of control over the situation. Creating this type of policy manual will help clarify
everyones role, even with dealings not associated with special education. It not only allows the
psychologist to save face to help maintain a positive working relationship, but also allows an
opportunity for the psychologist to change their practice on sharing information with schools.
However, bringing these issues back into the open may anger my administration team. They
have already met with me and told me their views. Speaking with the psychologist may be
challenging. I need to ensure that I neither accuse nor scold.
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been made and making changes to their practice. I am very well respected at work and I feel that
I already have a great working relationship with the School Administration to be able to reopen
this discussion. This change may not happen all at once and evaluation of the results will likely
be ongoing.
Step 9. Assumption of Responsibility for the Consequences of Action
In spite of my feelings that the school administration and the psychologist will be open to
hearing my concerns, I need to understand that I may be misjudging everyones openness to
change. It is possible that it will upset my bosses and that may start this school year off in a
negative manner. If the parents are informed of the situation, this could reflect very negatively
on the classroom teacher, the psychologist and the school. I will maintain an open dialogue
throughout this process to be able to address issues as they arise. If needed, I will revisit the
ethical decision-making process to decide what remedial actions to take and/or consult with my
practicum supervisor, who is a Registered Psychologist (without sharing names).
Step 10. Appropriate Action, as Warranted and Feasible, to Prevent Future Occurrences
I truly feel that creating and implementing a policy manual for dealing with informed
consent and confidentiality of all student information will prevent future occurrences. There will
need to be steps and procedures for ensuring that everyone understands the policy as well as
informing paraprofessionals of our school policies. We need to ensure that there is open and
straightforward communication with families and privately hired psychologists. In terms of my
personal responsibility, I must ensure that I am clear with the ethical implications of sharing
personal information and if that does occur, how ethical issues will be addressed. It is important
that I am extremely clear on informed consent, confidentiality, and my role and responsibility
with collecting information and with sharing it with the staff.
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While writing this paper, I have learned a great deal about my personal values and how
they interface with my professional values. I have come to realize that I have a very high level
of expectation that everyone should be open and direct with their communication at all times.
This is not always easy for everyone. I have also realized that I feel very protective of the
children whom I support and that I am a strong advocate for their overall needs. It can be very
challenging to advocate for children in the same system that I am working. I am a strong
believer in the fair treatment of and for everyone and feel personally slighted when I feel a child
has been intentionally or unintentionally disrespected. My current administration team has little
to no experience with special needs and I am learning that I need to find ways to educate them on
best practices. On a few occasions this past year, sticking to my moral guidelines caused some
disharmony in my workplace, but I know that I was working and advocating in the best interest
of the students. However, recently the Head of School told me that I have a high level of
integrity and that is a quality that he values in me. Over time, I have learned how to hold my
ground in a completely transparent manner that maintains the needs of the children in my care.
What really upset me about this particular dilemma was that the information was not in the best
interest of the child and I feel that the classroom teacher should have known that. It turned one
boys regrettable circumstance into water cooler gossip. I will remain committed to preventing
this from happening again.
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Cohen, J, A., & Mannarino, A. P. (2011). Supporting children with traumatic grief: What
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10.1177/0143034311400827
College of Alberta Psychologists. (2005). Professional guidelines for psychologists - Release of
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Publisher.
College of Alberta Psychologists. (2005). Standards of practice. Edmonton: Publisher.
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Edmonton: Publisher.
Drodge,E.(1997).Confidentialityandthedutytoprotect:Abalancingactforschoolpersonnel.
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Sinclair, C., Pettifor, J. (Eds.) (2001). Companion manual to the Canadian Code of Ethics for
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