Confidentiality

Confidentiality is an ethical practice that applies to professional psychologists, including school psychologists. Confidentiality refers to a decision made by a professional psychologist “not to reveal what is learned in a professional relationship” (Hummel & colleagues, 1985, p. 54). Confidentiality applies to students, parents, and teachers who reveal information to a school psychologist as they receive services (e.g., counseling or consultation). Confidentiality is an ethical standard, and a school psychologist is held to this ethical standard by ethics codes of the National Association of School Psychologists—Principles for Professional Ethics (2000)—and the American Psychological Association—Principles of Psychologists and Code of Conduct (2002).

Keeping information confidential requires careful attention and diligence on the part of the school psychologist. The school psychologist should not seek to obtain information from parents, teachers, or students that is not needed for the provision of services. Psychological reports should not contain information that is not relevant to the identified problem or the services needed. Regardless of the method of communication, school psychologists should be sure that the information shared is limited to what is required, and only shared with people who need that infomation. They must resist the temptation to give in to social pressures to “gossip” about children in a teachers' lounge or with others who do not need the information.

There are a few situations when confidentiality must be breached. One situation is when information is revealed in a professional relationship that abuse occurred or is suspected. In this situation, a school psychologist is both ethically and legally required to break confidentiality and report the abuse to the appropriate authorities. State laws and school policies vary about reporting procedures; however, a school psychologist should refer to these sources to determine the appropriate course of action to take.

Another situation when a school psychologist must break confidentiality is when information is revealed [Page 110]indicating that a student intends to harm others. In a school setting, this could be especially critical because the school psychologist is ethically required to protect all of the students in the building. The school psychologist must inform the intended victims, depending on their age, intended victims' parents, the parents of the student who is intending to do the harm, and other relevant people such as the principal and local law enforcement agency.

A third situation in which confidentiality must be breached is when information is revealed indicating that a student intends to harm himor herself. Under this circumstance, a school psychologist is required to break confidentiality in order to inform the parents (if the student is a minor) and obtain help for the client, such as hospitalization.

In contrast, privileged communication is a right that belongs to a client, or parents of a client if the client is a minor, and is used to prevent the disclosure of confidential information obtained in a special relationship (i.e., psychologist–client relationship) in legal proceedings. Privilege status is available in some states but not others. However, if the parent waives the right to privilege in a legal proceeding, the school psychologist must then reveal the information. The judge might also waive privilege to ensure that justice is being served. Privilege varies from state to state, so school psychologists must be aware of local laws governing privileged communication.

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