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Slide 1 – Professional Perspective / Audience / Topic

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Slide 1 – Professional Perspective / Audience / Topic

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Professional Perspective: As a future school counselor, my role involves safeguarding student confidentiality and rights, making FERPA (Family Educational Rights and Privacy Act) essential to my practice.

Audience: Current and future school counselors and educational administrators.

Topic: Student privacy and FERPA compliance in educational settings.

Why I chose this topic: I chose this topic because understanding and applying FERPA is critical for building trust with students and families while ensuring legal compliance.

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Federal Agency: U.S. Department of Education, Family Policy Compliance Office (FPCO)

State Agency (example for Texas): Texas Education Agency (TEA)

Summary:

FPCO enforces FERPA compliance across educational institutions receiving federal funds.

TEA provides additional state-level guidance and oversight for public schools regarding student records.

Both agencies hold schools accountable through investigations, guidance letters, and sanctions for violations.

Citation: U.S. Department of Education, Family Policy Compliance Office, 2023; Texas Education Agency, 2023.

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Federal Law:

Source: U.S. Constitution, 14th Amendment – Due Process Clause

In-Text Citation: (U.S. Const. amend. XIV)

Full Text: Link here

Key Points:

Protects student's right to privacy and access to information.

FERPA stems from principles of due process and privacy rights.

State Law (Texas Example):

Source: Texas Constitution, Article I, Section 3

In-Text Citation: (Tex. Const. art. I, § 3)

Full Text: Link here

Key Points:

Guarantees equal rights and protection of liberties, including student data protection.

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A close-up of the U.S. Constitution or a courtroom gavel and flag.

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Slide 4 – Statute and Administrative Law

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Slide 4 – Statute and Administrative Law

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Statute:

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

In-Text Citation: (20 U.S.C. § 1232g)

Full Text: Link here

Key Points:

Protects the privacy of student education records.

Grants rights to parents and eligible students to access and amend records.

Administrative Law:

Source: FERPA Regulations (34 CFR Part 99)

In-Text Citation: (34 C.F.R. Part 99)

Full Text: Link here

Key Points:

Provides detailed definitions, responsibilities, and complaint procedures for FERPA compliance.

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Case Law Example:

Source: Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)

In-Text Citation: (Owasso Indep. Sch. Dist. v. Falvo, 534 U.S. 426, 2002)

Full Text: Link here

Key Points:

Clarified that peer grading does not violate FERPA because students grading each other’s work are not “maintaining” records within the meaning of the Act.

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A judge’s gavel with case files or a courtroom scene

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Slide 6 – Federal Regulation or Mandate

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Slide 6 – Federal Regulation or Mandate

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Federal Regulation:

Source: Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h)

In-Text Citation: (20 U.S.C. § 1232h)

Full Text: Link here

Key Points:

Protects student privacy regarding surveys, analyses, and evaluations funded by the U.S. Department of Education.

Requires parental consent before students are required to participate in surveys that reveal sensitive information.

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Capitol building or a federal compliance document checklist

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Slide 7 – Local Administrative Law/Policy/Rule

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Slide 7 – Local Administrative Law/Policy/Rule

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Local Policy Example (Texas School Districts):

Source: ECISD Board Policy FL (Legal) - Student Records

In-Text Citation: (ECISD Board Policy FL, 2023)

Full Text: Link here

Key Points:

Details district procedures for maintaining, releasing, and amending student education records.

Aligns with FERPA requirements.

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Risk Management Strategies:

Train all faculty and staff annually on FERPA requirements and consequences for violations (U.S. Department of Education, 2023).

Implement strict access controls to student records, including secure login systems and monitoring (U.S. Department of Education, 2023).

Require written parental consent before releasing personally identifiable information (U.S. Department of Education, 2023).

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Ethical Code:

Source: American School Counselor Association (ASCA) Ethical Standards for School Counselors, A.12.b

In-Text Citation: (ASCA, 2022)

Full Text: Link here

Brief Explanation:

Counselors safeguard the confidentiality of student information as an ethical obligation unless disclosure is required to prevent serious harm.

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Slide 10 – Personal Connection to Legal and Ethical Standards

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Slide 10 – Personal Connection to Legal and Ethical Standards

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Learning about FERPA connected my role to the legal responsibility of ensuring confidentiality and parental rights.

It reinforced how essential clear communication with families is in maintaining trust and protecting the school’s legal standing.

Personally, understanding these principles has given me more confidence to advocate for my students while complying with the law.

Reflecting on this:

I feel better prepared to manage sensitive situations in compliance with FERPA.

I realize that privacy laws are not just bureaucratic requirements but essential to student welfare.

This knowledge supports my goal of becoming a compassionate, legally informed school counselor.

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Slide 11 – Recommendations / Best Practices for Compliance

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Slide 11 – Recommendations / Best Practices for Compliance

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Provide annual FERPA training for all school employees.

Maintain a secure, centralized system for student recordkeeping.

Require signed consent forms before releasing student information.

Develop clear, written policies about student data handling.

Regularly audit compliance with FERPA procedures.

Communicate privacy rights clearly to students and parents.

Keep updated on any FERPA amendments or federal guidance.

Designate a FERPA compliance officer or coordinator in each school.

Handle complaints promptly and transparently.

Collaborate with IT staff to ensure cybersecurity protections for electronic records.