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This legal and ethical guide is from the perspective of an administrator of  dual enrollment admissions in a community college.  It is meant as a guide for office staff to educate them  on the topic of student privacy.   This topic was chosen because student privacy is an issue that is mandated at the federal, state, and local levels, and it is something that admissions staff must navigate through daily.

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Why is student privacy important and how does it impact you?

With all the headlines on the news daily about identity theft and things like that student privacy is something that we take very seriously (Battles, 2020). We work with students that range from 14 to 19 years old (Battles, 2020).  Being that these are high school students, most live at home with mom or dad and we work with them as well (Battles, 2020).  We also work with our local high schools that we have a contract with, so there are a lot of people involved in this process (Battles, 2020).  You have to keep in mind who you are working with so that you can limit access to the students’ information accordingly (Battles, 2020).

What are three best practices concerning student privacy?

1. When in doubt don’t give it out.

2. Consult with other departments to see what they are doing to protect student information.

3. Keep everyone on the same page so that they are aware of what we are doing to protect student privacy (Battles, 2020).

What is something that you see impacting student privacy in the future?

Everything is moving more digital, so protecting student information from hackers would be something that is probably going to be more widespread (Battles, 2020).  Another trend is that students are starting to be able to electronically control who has access to certain information on their account (Battles, 2020).  They can give their parents access to the bill, but not access to their grades (Battles, 2020).  They can also give access to someone for only a day if they wanted to do that (Battles, 2020).

Interviewee

Felisha Battles, Coordinator of Dual Credit, Tarrant County College

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Professional Association

American Association of State Colleges and Universities

Citation with Link

McBain, L. (2008). Balancing Student Privacy, Campus Security,. American Association of State Colleges and Universities. Retrieved from https://www.aascu.org/uploadedFiles/AASCU/Content/Root/PolicyAndAdvocacy/PolicyPublications/08_perspectives(1).pdf

Summary

This report provides information about student privacy, best practices related to student privacy, and campus security related to the release of student information (McBain, 2008).  The report also outlines federal legal issues, state legal issues, and institutional best practices (McBain, 2008).  Finally, the report highlights issues with K-12 record sharing with universities (McBain, 2008).

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News Periodical

Inside Higher Ed

Citation with Link

Flaherty, C. (2019, February 5). Illinois Chicago Pays Nearly $700K to Former Student Who Sued. Inside Higher Ed. Retrieved from https://www.insidehighered.com/quicktakes/2019/02/05/illinois-chicago-pays-nearly-700k-former-student-who-sued

Summary

A former University of Illinois at Chicago student was awarded $694,000 for a violation of student privacy laws (Flaherty, 2019).

This lawsuit has serious implications on how educators should handle student privacy (Flaherty, 2019).

Institutions could be at risk of financial ramifications if they violate student privacy (Flaherty, 2019).

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News Periodical

Inside Higher Ed

Citation with Link

Stoller, E. (2019, May 2). Maybe Universities Shouldn't Be Putting Amazon Echos in Student Dorms. Retrieved from https://www.insidehighered.com/blogs/student-affairs-and-technology/maybe-universities-shouldnt-be-putting-amazon-echos-student

Summary

Institutions are partnering with tech companies like Amazon and Google to equip staff offices, classrooms, and student dorm rooms with digital assistants like Amazon Alexa and Google Assistant (Stoller, 2019).

These devices listen and record student and staff’s conversations to improve their algorithms, however, institutions are charged to protect student privacy under FERPA (Stoller, 2019).

Some students were even penalized when they tried to unplug the devices to keep their conversations private (Stoller, 2019).

It is still unclear the amount of student information the tech companies have collected, exactly what they are doing with the information, and what the long-term implications of universities sponsoring this data collection will be for students (Stoller, 2019).

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Reference List Citation

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g

Source of Law

Federal Statutory Law

Link to Full Text

https://www.govinfo.gov/content/pkg/USCODE-2011-title20/pdf/USCODE-2011-title20-chap31-subchapIII-part4-sec1232g.pdf

Brief Summary

FERPA is a federal statutory law that applies to all colleges and universities that receive funds from the federal government (20 U.S.C. § 1232g).

FERPA requires that these schools protect their students’ right to privacy by limiting the kind of information that can be released about students to the public (20 U.S.C. § 1232g).

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Reference List Citation

Family Educational Rights and Privacy, 34 CFR § 99

Source of Law

Federal Administrative Law

Link to Full Text

https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=34:1.1.1.1.33

Brief Summary

This portion of the federal administrative law defines the two distinct types of student information (34 CFR § 99).

The two types of student information are directory and non-directory information (34 CFR § 99).

Directory information is not generally considered as harmful if released and includes the student’s name, date of birth, honors, awards, and the dates that the student was enrolled (34 CFR § 99).

Non-directory information is information that would be considered harmful to the student if it was released to the public (34 CFR § 99).

This type of information includes the student’s social security number, grades, and grade-point-average (34 CFR § 99).

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Reference List Citation

Student Privacy Act, Tex. H.B. 2087 (2017)

Source of Law

State Statutory Law

Link to Full Text

https://www.capitol.state.tx.us/tlodocs/85R/billtext/pdf/HB02087F.pdf

Brief Summary

The state statutory law, Texas H.B. 2087, protects students’ data that they provide through school websites (Tex. H.B. 2087).

The Student Privacy Act defines the type of student data that schools must protect including health records, biometric information, and disabilities (Tex. H.B. 2087).

The institutions and operators of the websites are prohibited from creating a profile of the student unless it is for educational purposes (Tex. H.B. 2087).

The website operators are also prohibited from selling student information to a third party (Tex. H.B. 2087).

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Reference List Citation

Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h

Source of Law

Federal Statutory Law

Link to Full Text

https://www.govinfo.gov/content/pkg/USCODE-2011-title20/pdf/USCODE-2011-title20-chap31-subchapIII-part4-sec1232h.pdf

Brief Summary

The Protection of Pupil Rights Amendment is a federal statutory law that places limits on what information institutions can require students to submit as part of a survey, analysis, or evaluation (20 U.S.C. § 1232h).

Examples of prohibited information include political affiliations, religious affiliations, and mental or psychological problems (20 U.S.C. § 1232h).

The student has a right to consent to submit and provide this information to institutions, however, the institution must have the consent in writing (20 U.S.C. § 1232h).

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Citation with Link

Amarillo College. (2020, February 24). FERPA. Retrieved from actx.edu: https://www.actx.edu/registrar/ferpa

Summary

At Amarillo College, students have the option of releasing their student information to the person of their choosing (Amarillo College, 2020).

This release form is only valid for one day and must be renewed for subsequent use (Amarillo College, 2020).

The student must submit the form through fax, student email, or in person (Amarillo College, 2020).

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Code of Ethics Item Related to Student Privacy

Ethical Standards Professional Responsibility and Competence 1.5

Citation with Link

ACPA College Student Educators International. (2006). Statement of Ethical Principles & Standards. Washington: ACPA. Retrieved from https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

Summary

According to the “Statement of Ethical Principles & Standards” code 1.5, education professionals must maintain a current understanding of all regulations related to student privacy (ACPA College Student Educators International, 2006).

According to the statement, the protection of student information and records is a professional responsibility and an essential ethical standard for educators (ACPA College Student Educators International, 2006).

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Citation with Link

Dorsey, D. T., & Myers, B. (2016, July 19). Navigating FERPA when working with Concurrent Enrollment Programs. Retrieved from National Alliance of Concurrent Enrollment Partnerships: http://www.nacep.org/docs/presentations/2016.07.19-FERPAWebinar.pdf

Summary

This presentation is designed specifically for educators who are working with dual enrollment students (Dorsey & Myers, 2016).  The main benefit from this presentation is that it goes through different scenarios that educators may face when working with dual enrollment students (Dorsey & Myers, 2016).  Most importantly, the presentation outlines what to do in those scenarios and why educators are required to take that specific action (Dorsey & Myers, 2016).

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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List of Recommendations/Best Practices for Compliance

Before releasing student information, first, identify what if directory or non-directory information would be released as there are different procedures for each type of student information.

Have a process in place to authenticate the identity of a student in person or electronically and require that the student’s identity be authenticated before any student information is released to anyone.

Host periodic meetings with staff, high school staff, parents, and students so that their privacy concerns can be addressed, an introduction to FERPA law can be presented, and students could have the opportunity to complete voluntary privacy waivers.

If you are uncertain about whether or not you should disclose student information, it is better to wait and consult with a colleague than to release student information that would be a violation of student privacy.

Limit the number of staff members who have access to student records to only essential people to reduce the risk of unauthorized access to student information.

Read terms and agreements on all electronic devices such as Amazon Alexa that could capture student data that is protected under FERPA.

Reduce confusion over student information by developing a clear, consistent line of communication in which the students and parents have a specific person from the high school and a specific person from the college that they can go to with any questions or concerns.

Require that all requests for student information that are made on a student’s account are documented to record who requested the information, why the request was made, when the request was made, and what information was given.