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Student and family rights to privacy are extremely important and is only increasing in importance with the digitalization of education (Ross et al., 2021). Since Covid-19 impacted the world, education and schooling has gone down the path of becoming more digital. While this can have a positive impact on learning environments when traditional classrooms cannot function, it can create some security concerns for our students as these resources are not under the rules of FERPA (Ross et al., 2021).

This guide can be beneficial for anyone who wants to protect the information of their students.

This topic is very important to me as protecting my students is something I strive to do each day.

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The Department of Education, Texas Education Agency, and San Angelo Independent School District all are responsible for compliance and facilitating legal and ethical practices regarding student safety and privacy. San Angelo ISD is the school district I work within and teachers, administrators, and other personnel within the district are all held accountable for the privacy and security of our students (San Angelo ISD, 2022). The TEA is the state agency responsible for creating and maintaining student safety and privacy regulations. The Department of Education is the federal agency responsible for creating and maintaining student safety and privacy regulations (U.S. Department of Education, 2020). Each organization can be held accountable for FERPA violations through audits and complaints from parents and students. The Department of Education completes the audits at the state and district level after receiving a complaint. Complaints can be filed at any of the three levels.

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U.S. Constitutional Law: The 10th Amendment

https://constitution.congress.gov/constitution/amendment-10/#:~:text=The%20powers%20not%20delegated%20to,respectively%2C%20or%20to%20the%20people.

The 10th Amendment of the US Constitution states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (U.S. Const. amend. X).

This statement places the control of student safety and privacy upon the states

Student protection and privacy are not directly delegated to the United States government by the Constitution (U.S. Const. amend. X).

Texas Constitutional Law: Section 7

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Article 7, § 1 of the Texas Constitution gives the support and maintenance of an efficient system of public free schools (Tex. Const. art. 7, § 1).

To be effective as a school, students must be provided with safety, security, and privacy

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Slide 4: Statutes and Administrative Laws

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Slide 4: Statutes and Administrative Laws

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Federal Statute: Family Educational Rights and Privacy Act

https://www.law.cornell.edu/uscode/text/20/1232g

Federal Administrative Law: Family Educational Rights and Privacy Act

https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

FERPA provides an outline of many rights and protections for students and their families (20 U.S.C. § 1232g; 34 CFR Part 99)

Covers access to educational records and student information

Student information and education records are protected under FERPA

Information cannot be shared to individuals who are not authorized by the parent/guardian unless they have a legitimate professional, legal, or safety related reason

Violations of these policies will result in a loss of funding for school districts

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Case Law: Owasso Independent School District v. Falvo

https://www.oyez.org/cases/2001/00-1073

Owasso Independent School District v. Falvo set the precedent that peer grading does not violate the guidelines established by FERPA (Owasso Independent School District v. Falvo, 2002)

The case set precedent on what can be considered educational records

Peers are not employees of the school district (Owasso Independent School District v. Falvo, 2002)

Because they only maintain possession of educational materials for a short period of time, it does not violate FERPA regulations (Owasso Independent School District v. Falvo, 2002)

This has an effect on student privacy and safety as the student may no longer feel safe in the classroom after this information has been shared with a peer. Knowledge of a failure may have a negative impact within the classroom, leading to lower performance and general feeling of safety.

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Family Educational Rights and Privacy Act

https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

The guidelines set by FERPA are key for protecting student privacy and protecting our students

FERPA limits who can access student information and records (34 CFR Part 99)

Schools and school personnel must keep student information and data private

Parents may request directory information such as awards and contact information to be kept private, if not school districts may release that information

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San Angelo ISD and FERPA

https://resources.finalsite.net/images/v1660913658/saisdorg/ftelswsy5n7fd6pnkedr/SAISDStudentHandbook2022-2023.pdf

Within the San Angelo ISD student handbook, there are several policies discussing FERPA and FERPA requirements

Rights granted by FERPA are explained

Information that can be released without approval is covered

The process of preventing this information from being released is covered

The process of filing a complaint is covered

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1. With the increased digitization of education, student data encryption is key for FERPA compliance (Proofpoint, 2022). IT programs within school districts must ensure that firewalls, encryption, anti-malware software, and access controls are all in place (Proofpoint, 2022). With these data protection practices in place, student data and information can be protected in line with FERPA.

2. School districts must remind parents and students of their FERPA rights annually (U.S. Department of Education, 2021). Ensuring this is sent out in multiple ways and in multiple languages will help ensure this requirement is adequately met. Reminding parents through email, through flyers, and through social media would all be adequate ways to meet this requirement.

3. To prevent FERPA violations, staff must be trained on the regulations and know what can and cannot be shared about a student. Administrative staff must familiarize themselves with the paperwork involved in the FERPA process. An annual formal training on this process and information would prevent future FERPA issues.

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19 Tex. Admin. Code §247.2, 2018

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

19 Tex. Admin. Code §247.2 (2018) specifies that teachers must not release information about students or do anything that may endanger their students. This portion of the code of ethics directly ties into student privacy and protections under FERPA.

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I am currently in my fourth year of teaching. Protecting my students' privacy is key for a supportive school environment. Upon completion of my graduate program, I hope to become a school administrator. Understanding the FERPA regulations will be key for my future career just as it is now.

Without research into FERPA and the right to student privacy, I would not know a key portion of being an administrator. Reading through the laws and regulations allowed me to break down a confusing topic in a way I can understand. This process will allow me to ensure that in the future FERPA regulations are met by myself and all staff to prevent any audits or complaints.

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Slide 11: Recommendations and Best Practices

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Slide 11: Recommendations and Best Practices

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FERPA is a critical regulation to understand and follow. All staff must familiarize themselves with FERPA requirements and regulations

Annual FERPA training will ensure compliance

Student information can only be shared for professional, emergency, and safety reasons (20 U.S.C. § 1232g; 34 CFR Part 99)

Directory information such as awards and contact information can be shared without permission from the parent but they must agree to this information being released within 45 days of registration (20 U.S.C. § 1232g; 34 CFR Part 99)

Awareness of student digital information being shared and proper digital citizenship is important for maintaining FERPA compliance (Proofpoint, 2022)

Digital data protection measures such as firewalls and encryption are key for full FERPA compliance (Proofpoint, 2022)

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19 Tex. Admin. Code §247.2, 2018

34 CFR Part 99

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (1974)

Owasso Independent School District No. I-011 v. Falvo. (2002). Oyez. Retrieved November 30, 2022, from https://www.oyez.org/cases/2001/00-1073

Proofpoint. (2022, October 12). What is Ferpa Compliance? - meaning, laws & more: Proofpoint us. Proofpoint. Retrieved December 6, 2022, from https://www.proofpoint.com/us/threat-reference/ferpa-compliance

Ross, T., Kim, C., & Rohde, K. (2021, September 23). Protecting student data privacy in the Digital age. The Regulatory Review. Retrieved December 5, 2022, from https://www.theregreview.org/2021/09/18/saturday-seminar-protecting-student-data-privacy-in-digital-age/

San Angelo ISD. (2022). San Angelo Independent School District - resources.finalsite.net. San Angelo ISD Student Handbook 2022-2023. Retrieved November 20, 2022, from https://resources.finalsite.net/images/v1660913658/saisdorg/ftelswsy5n7fd6pnkedr/SAISDStudentHandbook2022-2023.pdf

Tex. Const. art. 7, § 1

U.S. Const. amend. X

U.S. Department of Education. (2020). The Family Educational Rights and Privacy Act guidance for eligible ... The Family Educational Rights and Privacy Act Guidance for Eligible Students. Retrieved December 1, 2022, from https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPAforeligiblestudents.pdf

U.S. Department of Education. (2021, August 25). Family educational rights and privacy act (FERPA). Home. Retrieved December 6, 2022, from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html