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Slide 12 Personal Connection to the Legal and Ethical Standards

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Slide 12 Personal Connection to the Legal and Ethical Standards

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During my time short in the education field, I have witnessed many changes in policies and procedures. However, the most impactful changes have been related to student privacy. Prior to the pandemic, a student would typically have an academic advising session in person where we could easily validate their identity. Now, most of my academic advising session are virtual either over the phone or video calls. This makes it difficult to confirm a student’s identity as I cannot see their face. The institution has implemented new policies including a script in which the advisor must ask the student specific questions to confirm their identity and all information must be sent to UTRGV emails only.

I believe the policies were long overdue. The sharing of student information can be extremely profitable and if institutions cannot protect their student’s data, then new law, policies or regulations must be set. I do not agree with the update in the FERPA policies that allows institutions to share student information to third parties as this leaves students vulnerable to stolen identity, targeted advertisements and phishing emails.

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Slide 10 Local Administrative Law/Policy/Rule

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Slide 10 Local Administrative Law/Policy/Rule

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Microsoft Multifactor Authentication

https://www.utrgv.edu/it/blog/2021/02/updated%20secure%20your%20utrgv%20account%20sspr-mfa.htm

The University of Texas Rio Grande Valley has implemented a new policy in which a multifactor authentication is required for students, staff and faculty. The multifactor authenticator was meant to provide additional security during the coronavirus pandemic where many institutions abruptly moved to online formats. When a student, staff or faculty member try to access the internet or other online services they must request a code be sent to them to sign in to the UTRGV accounts.

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IMPORTANT NOTICE: Register NOW for Account Recovery and Multifactor Authentication

** IMPORTANT NOTICE: Due to the recent inclement weather situation, loss of electricity and internet access across the U.S., we are postponing the roll-out of the Account Recovery (SSPR) to mid-March. However, if you are able to and have not already done so, please register as soon as you see this message. **

In March 2021, UTRGV's MyAccount Self-Service webpage will be upgraded to Microsoft's Self-Service Password Reset (SSPR), which is a new service that offers multiple methods to recover account access.

On September 1, 2021, Multifactor Authentication (MFA) services will provide another layer of security for student data.
Why is it important?
Completing the registration process now will help ensure that you are able to use these features and that you do not lose access to your account.

What do I need to do?

Register by following this demonstration video and using the quick start guide below:

1. Log in at my.UTRGV.edu.

2. Click on the Office 365 icon under Applications.

3. You will be prompted with a Microsoft message stating More information required. Click Next.

4. Follow these step-by-step instructions or view the demonstration video.

If you experience any difficulties, please reach out to us at the IT Service Desk  for guidance.

We are here to help!

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IMPORTANT NOTICE: Due to the recent inclement weather situation, loss of electricity and internet access across the U.S., we are postponing the roll-out of the Account Recovery (SSPR) to mid-March. However, if you are able to and have not already done so, please register as soon as you see this message.

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Slide 13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide 13 Bulleted list of Recommendations / Best Practices for Compliance

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Educate your institution, department, staff, faculty and students on the laws, policies, rules and importance of protecting student privacy.

If meeting with students virtually, ensure you ask identifying questions only the student would know such as student ID, last courses taken, etc.

If the meeting is virtual or over the phone, ensure the student is alone and no other individuals can hear the information being shared. This can be done by requesting cameras are turned on during the session.

When creating virtual meeting links ensure to customize each link for the individual meeting. Never share the same link to multiple students.

Only send information to institutional email addresses.

If an individual, besides the student, is joining an academic advising session then a FERPA form must be signed by the student before any information is shared.

Continuous training for institutional staff and faculty on the importance of protecting student information and updates on laws, policies and procedures.

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Protection of Pupil Rights Amendment (PPRA)

20 U.S.C. § 1232h, 34 CFR Part 98

PPRA | Protecting Student Privacy. (n.d.). U.S. Department of Education. https://studentprivacy.ed.gov/content/ppra

Prohibits students from being required to participate in psychiatric or psychological exams, testing or treatment with the purpose of gather information.

Prohibits non-academic group activities with the intention of eliciting information about beliefs, feelings, opinion or attitudes.

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I interviewed Mrs. Veronica Villarreal, who is an academic advisor for the school of medicine at the University of Texas Rio Grande Valley. Mrs. Villarreal has several years of experience in higher education and works with students only a daily basis. During the interview, I asked Mrs. Villarreal how student privacy impacts her duties. She stated that privacy is one of the most important topics we are facing in academic advising due to the recent pandemic. Ensuring that students are alone during their virtual session can be difficult as we can only view a small portion of the room. Mrs. Villarreal shared some best practices when working with students in a virtual setting such as sending meeting links only to institutional email addresses, requesting that the video is turned on and using custom links for each meeting invitation.  Mrs. Villarreal mentioned that an emerging issues within the school of medicine is that students are struggling to pass their courses. She went on to explain that a student outside of medical school would just retake the course they failed in the next semester to make up the grade. However, students in the school of medicine are required to retake the entire year if they fail a course. This impacts their graduation date and may lead to withdrawal from the program. Students also seem to be burned out and less focused possibly due to recent events.

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The Council for the Advancement of Standards in Higher Education (CAS)

Council for the Advancement of Standards. (2006). CAS professional standards for higher education (6th Ed.). Washington, DC.

The 6th CAS principle is veracity. This principle states that professionals should only relay truthful information, act with integrity, respect privacy and confidentiality.

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Topic: Student privacy in higher education

Perspective: Academic advisor at a 4-year university.

Audience: This padlet may be used by academic advisors seeking guidance on student privacy in higher education.

I selected student privacy in higher education as my topic because it is vital that student information stay private for legal purposes. Student privacy has been of great concern recently due to the coronavirus pandemic forcing many institutions to abruptly move to a virtual format.

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Student Privacy Act

Tex. Educ. Code § 32.151(3)

Protects student personal identifiable information used in connection with websites, online services, online or mobile applications for a school purpose. The act is meant to keep the operators of these website, application or services from targeting advertisements if the operator knows that the website, application or services are used primarily for educational purposes.

Examples of this type of information include discipline records, health records, disabilities, geolocation information and more.

The operator is also obligated to implement security practices to protect student personal identifiable information.

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New Jersey v. T.L.O., 469 U.S. 325

Facts and Case Summary - New Jersey v. T.L.O. (n.d.). United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-new-jersey-v-tlo

T.L.O was a 14 year old student at a New Jersey High School in 1985 when a teacher found her smoking cigarettes in the school bathroom. The student was taken to an administrator, where she denied the allegations. The administrator demanded to view the contents of her purse and found drugs, drug paraphernalia, and a list of names that owed the student money. The administrator informed the student’s guardian and police leading to a lengthy court hearing. The student’s lawyer claimed that the 4th amendment was violated because of the administrator search the minor student’s purse. However, the Supreme Court later found that no violation occurred.

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Family Educational Rights and Privacy Act (FERPA)

20 U.S.C. § 1232g

FERPA | Protecting Student Privacy. (n.d.). Protecting Student Privacy. https://studentprivacy.ed.gov/node/548/

Parents and students have the right to review educational records.

Parents and students have the right to request that an institution corrects a record. They also have the right to a formal hearing should it be requested.

Institutions must have written permission from the parent or student to share student information. There are some exceptions to this rule.

Institutions may disclose directory information without consent but must notify the student or parent in a timely manner to provide the opportunity for the student to deny the sharing of their information.

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FERPA is an act that protects the privacy of a student’s educational record, and it requires institutions to provide the student their own record should they request it (“FERPA violation”, 2020).

FERPA impacts educational institutions at all levels and there are financial implications should a violation occur.

The author interviews LeRoy Rooker, who is a senior fellow at the American Association of Collegiate Registrars and Admissions Officers and was the director of the Family Policy Compliance Office at the U.S. Department of Education for about ten years (“FERPA violation”, 2020).

Mr. Rooker explains several different scenarios where FERPA has been violated and includes how technology can be part of the issue if not used correctly.

Mr. Rooker provides suggestions on how institutions can remain in compliance with FERPA by continuous training.

Jotform. (2021, December 8). FERPA violation examples from a former FERPA administrator. The Jotform Blog. https://www.jotform.com/blog/ferpa-violation-examples/

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The U.S. department of Education lists all requirements from the Family Educational Rights and Privacy Act (FERPA). This resource is helpful when determining what student information is protected by the FERPA act. The site also lists legal guardian and student’s rights to request a copy of the student record, request corrections of the record and if necessary, a timely hearing. It also indicates what information can be shared without student or legal guardian consent.

20 U.S.C. § 1232g; 34 CFR Part 99

US Department of Education (ED). (n.d.). Family Educational Rights and Privacy Act (FERPA). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

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policy; privacy; academic records; technical assistance; parent rights; student rights; ferpa

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Family Educational Rights and Privacy Act (FERPA)

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Family Educational Rights and Privacy Act (FERPA) Home Page.

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The U.S. Department of Education is being sued by the Electronic Privacy Information Center, a non-profit organization, because the updated 2011 FERPA regulations now allow institutions to share student data to third parties.

The rule is also promoting the use of student ID’s by the public.

EPIC claims that the new rules have been implemented because creating student data bases is a profitable business. Some records hold names, learning disabilities and addresses which can later be stigmatized effecting student’s applying for jobs.