Education Code §49602(c) permits, but does not by its terms, require a school counselor to disclose personal information (including pregnancy-related or abortion-related information) received from an un-emancipated student age 12 or older to the student’s parents, or school principal when the counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the student’s health, safety or welfare. Where the school counselor fails to disclose pregnancy-related or abortion-related personal information to the parents or school principal, it may not form the basis of civil liability against a school counselor, or his or her employing school, or school district under the doctrine of negligence per se. Opinion of Harris, Office of the Attorney General of the State of California, Opinion No.08-509 (December 29, 2011).
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