The Willow Glen Resident

SJ Unified adopts policy to protect students' privacy

Subpoena required before counselors reveal information

By John Pancharian

The San Jose Unified School District board of trustees decided school counselors have it hard enough without being dragged into court.

In a move intended to protect counselors legally--and student's privacy--the board voted Aug. 20 to require that school counselors be legally subpoenaed before they must give up any information about students they counsel.

According to documents prepared for the board by Guidance and Student Services Manager Steve Berta, "Many times in cases of custody or other legal matters, a parent's lawyer may approach a school counselor requesting a statement for the courts. This may put the counselor in a difficult situation. By requiring a subpoena before answering questions, the school counselor will be placed in a more protected position."

District spokeswoman Maureen Munroe said just such a case occurred during the 1997-1998 school year, and the counselor involved thought there were no clear guidelines about what information should remain confidential. Prompted by this case, the board acted to provide counselors with more direction. Munroe said such policies are relatively common among school districts.

"We want to free [counselors] to work on behalf of our students and their families without fear of legal repercussions," Munroe said, comparing students' communications with counselors to privileged communications among doctors, lawyers and their clients.

"What we did by passing this policy is make it so a lawyer must have a subpoena," said Willow Glen board member Carol Myers. "They would have to make a case in court that said, 'Hey, you have to talk to this individual.' The counselor would then be protected by the courts."

Currently the state's education code protects the privacy of students 12 years and older, with the following exceptions:

* In discussions with the school nurse or doctors, when referring the student for treatment;

* When the counselor believes there is a clear and present danger to the student, or the student represents a danger to others;

* When aiding in a criminal investigation, or preventing an imminent crime; or

* When the student signs a waiver of privacy.

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