# data[].attributes.body
Legal Guide on Academic Guidance

# data[].attributes.attachment_link.title
Jennifer Schuessler Legal Guide on Academic Guidance Module 7

# data[].attributes.body
Educational privacy laws are very important to all stakeholders.  Educators can be sued if they played a part in providing educational records without knowledge. ACT has violated educational privacy laws by selling student information without consent and is currently being sued (Jaschik, 2018).  It is imperative that students with disabilities wanting to take the ACT be informed that providing disability information may hurt their college acceptance. Educators should be advocating for students and their educational privacy.

As a Director of College and Career Readiness, I would communicate to staff (counselors), students and parents regarding educational privacy laws such as FERPA. I would train staff or get staff trained regarding FERPA. I would also implement forms for student or parents to fill out when requesting educational records. An example would be when students need transcripts submitted to post-secondary institutions.

# data[].attributes.headline
STEP 4 - Research on Educational Privacy Laws #1 Academic Source

# data[].attributes.subject
STEP 4 - Research on Educational Privacy Laws #1 Academic Source

# data[].attributes.body
I searched the library and found a journal regarding Educational Privacy.

Young, E. (2015).  Educational Privacy In The Online Classroom: FERPA, MOOCS, and The Big Data Conundrum. Harvard Journal of Law & Technology. 28, 2, 549, 2015. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=edb&AN=108547489&site=eds-live

# data[].attributes.attachment_link.title
Angelo State University - Library Online Resources

# data[].attributes.attachment_link.description
Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

# data[].attributes.headline
STEP 4 - Research on Educational Privacy Laws #2 Internet Search 

# data[].attributes.subject
STEP 4 - Research on Educational Privacy Laws #2 Internet Search 

# data[].attributes.body
I searched the internet on Educational Privacy Laws and found an article on Forbes.  It talks about FERPA laws and what is included.

Dix, W. (2018, May 16). You Need To Understand Your Educational Privacy Rights.  Retrieved from https://www.forbes.com/sites/willarddix/2018/05/16/you-need-to-understand-your-educational-privacy-rights/#43f1991d6b93

# data[].attributes.attachment_link.readable_text
FERPA. Sounds like something you'd hear from a bullfrog or a burping baby. Instead, it stands for the is designed to ensure that students and parents of students may obtain access to the student's educational records and challenge the content or release of such records to third parties." The law applies "to all schools that receive funds under an applicable program of the U.S. Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendment), which protects the privacy of students and their parents. As the National Association of Colleges and Employers ( NACE) sums it up, FERPA " Department of Education."

At its most basic, FERPA is designed to keep students' educational records private ; institutions may not release a student's educational information to outsiders without the express permission of the student or parents. It's important to remember the term "educational records" here because the definition is precise. For example, Penn State's website lists what are considered education records:

"Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by Penn State or by a person acting for the University. Education records take many forms, including paper and electronic. Education records include:

Grades

Class lists

Student course schedules

Disciplinary records

Student financial records

Payroll records for employees who are employed as a direct result of their status as students (e.g., work study, assistantships, resident assistants)"

Penn State's site also lists what are NOT considered "educational records" that may be released without the student's consent:

"Sole possession" records made by faculty and staff for their own use as reference or memory aids and not shared with others

Personal observations

University law enforcement records

Medical and mental health records used only for the treatment of the student

Alumni records

Peer-graded papers and exams prior to the grade being recorded in the instructor's grade book

It's also important to note that "law enforcement records" are not subject to FERPA limitations. The U.S. Dept. of Education states: "Law enforcement unit records" (i.e., records created by the law enforcement unit, created for a law enforcement purpose, and maintained by the law enforcement unit) are not "education records" subject to the privacy protections of FERPA. As such, the law enforcement unit may refuse to provide a parent or eligible student with an opportunity to inspect and review law enforcement unit records." So an arrest while at college isn't considered an "education record" subject to privacy laws.

Under FERPA, schools may disclose without consent what is called "directory information," which may include "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."

In each case, "consent" means "that a student's education records may be disclosed the student's prior written consent. The prior written consent must:

Specify the records to be released

State the purpose of the disclosure

Identify the party(ies) to whom disclosure may be made

Be signed and dated by the student."

In most cases, any disclosure of student information must be to parties with "legitimate educational interest" in carrying out the institution's mission with regard to the student. So a professor with concerns about a student's performance may be able to access that information.

FERPA also has a broad definition of "parent." Its downloadable guide for parents states:

Many institutions seem to interpret FERPA as blanket permission to refuse to release any of a student's records, but the Act deals explicitly with educational records. Some documents can be released without a student's express permission, including (as listed on the PSU site):

To University officials (including third parties under contract) with legitimate educational interests

To comply with a judicial order or lawfully issued subpoena

To appropriate parties in a health or safety emergency in order to protect the student or others

To parents in cases of drug or alcohol violation when the student is under the age of 21

To the provider or creator of a record to verify the validity of that record (e.g., in cases of suspected fraud)

To organizations conducting research studies on behalf of the University, provided there is a written agreement between the University and the research organization

To officials at an institution in which the student seeks or intends to enroll or is currently enrolled

Recent stories about fraternity hazing and student suicides on campus often note how university officials invoke or have FERPA hovering in the background, but in fact, these non-educational exceptions can be crucial in anticipating or dealing with emergency situations. An excess of caution about violating FERPA may be one problem as colleges wrestle with how much they should intervene with troubled students or how and when they should inform parents.

Officials at Hamilton College, where a student recently committed suicide, The law views students as adults and bars parents from even the most basic student records, like a transcript, without their child's consent." However, as the New York cited FERPA as a reason they didn't inform his parents of his situation saying, " Times article notes, "Colleges can release any student record to parents if the student signs a consent, if the college knows that a parent claims the child as a dependent on tax forms, or in a health or safety emergency." Although MIT was recently found not responsible for a graduate student's suicide, how much the institution has a "duty of care" remains an issue college are struggling with, and FERPA may not have all the answers.

Colleges are often caught in a bind. They're enjoined to keep students' educational records private, which they often interpret to include other files, like medical records, we would typically want to keep private. Additionally, they no longer act in loco parentis, which gives students wide latitude in their behavior and limits what the institutions believe they can report to parents. Even if they wanted to communicate more with parents, colleges must decide how and when to report evidence of suicidal ideation or alcohol abuse and which person should be responsible for doing so. Too low a threshold for reporting would have schools and parents helicoptering each other; too high a bar could result in more tragic incidents that may or may not have been preventable.

One misconception about FERPA restrictions is that parents have no right to see their students' academic records if they're over 18 or once they enroll in college. However, according to the Dept. of Education,

While the rights under FERPA transfer from the parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age, FERPA provides ways in which an institution can share education records on the student with his or her parents. Schools may disclose any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules. (My emphasis.)

So as long as a student remains a dependent on the parents' income tax forms, parents have the right to see "any and all" information they request. It seems to overrule the paragraph's previous statement. Good to know if you're paying the bills.

Institutions must notify parents and students annually about their rights under FERPA. Those include "to inspect and review education records and the procedures to do so; to seek amendment of records the parent or eligible student believes are inaccurate and the procedures to so do; to consent to disclosures of education records, except to the extent that FERPA authorizes disclosure without consent; and to file a complaint...concerning potential violations."

For parents and students concerned about possible situations once the student is enrolled in college, a discussion with the college's compliance officer might be a part of doing college research. Students with prior mental health issues or other irregularities in their academic performance might want to ask questions, anonymously if necessary, about how the school treats educational and medical information. Of course, a student may give explicit written permission to the institution to reveal that information if necessary. The point is to keep it all in as private a context as possible.

The full tex t and revisions to FERPA are posted on the Dept. of Education website for those who want to dive into the subtler points of the Act. There's plenty to learn. I'm hopeful this brief overview will help parents, counselors, and students understand this essential privacy bulwark. Perhaps future tragedies can be prevented if the right balance between privacy and revelation are determined ahead of time.

# data[].attributes.attachment_link.title
You Need To Understand Your Educational Privacy Rights

# data[].attributes.attachment_link.description
FERPA. Sounds like something you'd hear from a bullfrog or a burping baby. Instead, it stands for the is designed to ensure that students and parents of students may obtain access to the student's educational records and challenge the content or release of such records to third parties."

# data[].attributes.headline
STEP 3 - Legal and Ethical Issue of Interest to Me - Privacy Rights

# data[].attributes.subject
STEP 3 - Legal and Ethical Issue of Interest to Me - Privacy Rights

# data[].attributes.body
After reviewing the lawsuit with ACT, I am stunned that privacy rights were violated and they were making a profit. Colleges and universities either did not allow or have a small percentage of students with disabilities to be accepted into college regarding to the fact of student success. Students do not realize that they are giving consent when filling out information on the ACT.

This topic is interesting to me because it is shocking to know ACT is violated privacy rights and students may not get into the school they hoped for.  As a Director of College and Career Readiness, I would inform my counselors to inform students of underlying conditions.

# data[].attributes.body
After I obtain my Principal Certification, I aspire to be a Director of College and Career Readiness. I would be in charge of coordinating and implementing programs geared towards college and career readiness. I am looking forward to see what programs are currently existing for grades K-12 and how to improve.

# data[].attributes.body
I spoke to Thrall ISD's College and Career Coordinator, Mrs. Lindsey Lillard regarding recent legal and ethical issues that she faces.

#1 Updates occur each Legislative session and need to hear all new information and requirements. Attend the 86th Legislative Session preview and the Legalities and Ethics for School Counselors Professional Development from Region 13 and then make sure all stakeholders are aware of these new changes.  Schools do not want to get audited.

#2 Refer to House Bill 5 regarding course requirements for graduation and make sure courses are in sequence.  There are special circumstances for Special Education students that certain requirements can be substituted.

#3 A-F Accountability rates our schools.  Schools have to met certain standards.  Currently, Thrall rates B,B,C, B.  Thrall would need to work on School Progress.

#4 Parents do not get to speak to any post-secondary institution due to FERPA laws.  Students are accountable by registering, paying and figuring things out themselves.

#5 When in question, refer to school policy or ask school lawyer.  Policies have to stay current and can refer to a school lawyer on wording.

(L.Lillard, personal communication, August 22nd, 2018)

# data[].attributes.headline
STEP - 2 Exploration Option 3 - Periodicals Related to Education #1

# data[].attributes.subject
STEP - 2 Exploration Option 3 - Periodicals Related to Education #1

# data[].attributes.body
Privacy is always a hot topic and FERPA laws protect student records.  In an article from Inside Higher Education, (Jaschik, 2018) it warns students are sharing too much information when filing out testing information with ACT.  It is suggesting that the ACT has violated privacy laws by discriminating applications with disabilities. They have also sold information to colleges to make a profit (Jaschik, 2018).  A lawsuit was filled.

# data[].attributes.attachment_link.readable_text
In May, the U.S. Education Department warned testing organizations, colleges and schools that changes in testing practices add to their obligations to protect the privacy of test takers.

For years, testing organizations have asked high school students questions about themselves when they register to take examinations like the SAT or ACT. Some of those answers are then reported on to colleges that buy lists of the names of students fitting certain characteristics. Many students don't realize that they have consented to such disclosures -- think of the surprise of many high school juniors about how it is that they are all of a sudden receiving material from colleges.

But whether knowingly or not, the students have consented, at least from a legal standpoint, since they never were required to register for the test. But the Education Department warning noted that the issue of consent has changed as many states have moved to require all high school students to take the SAT or ACT. In this environment, the department said, there is no presumption of consent, which in many cases could only be obtained from a parent.

A new lawsuit, filed on behalf of students with disabilities and their parents, charges that the ACT is violating numerous privacy protection laws and potentially enabling colleges to weed out or discriminate against applicants with disabilities. The lawsuit says that ACT, because of the way it asks students about their disabilities, is making them think they must reveal various conditions -- even if they are not seeking testing accommodations. In fact, the suit says that ACT asks the questions separate from the process used to decide on accommodations.

"The sale and disclosure of student disability data are flagrant violations of the privacy and civil rights of students with disabilities," states the lawsuit. "ACT profits off these violations and uses them to gain an edge in the marketplace over its only competitor, the College Board, which does not disclose students' disabilities to colleges and universities."

An ACT spokesman, while declining to discuss details about the lawsuit, said that the organization is committed to respecting the privacy of test takers, and to reporting to colleges only information that test takers have agreed to share.

The lawsuit -- which includes screenshots from ACT promotional materials to colleges (such as the illustration above) -- suggests otherwise. And it says that the student plaintiffs found out that colleges to which they applied learned of their disabilities, which they did not necessarily want to disclose or give permission to disclose. While some college applicants want to disclose disabilities early on to make sure the institutions at which they seek to enroll have appropriate services, others fear that they could be rejected by institutions that may not want to have more students with disabilities.

With more than two million students taking the ACT each year (the ACT has overtaken the SAT in this regard, although the SAT is not far beyond), the ACT is a "powerful gatekeeper" in college admissions, the lawsuit says. And the suit says that some 200,000 students a year request some sort of accommodations, pointing to a large population with disabilities.

But the lawsuit charges (again with screenshots to back its claim) that ACT is asking students about disabilities, along with other information, in the registration process.

"ACT asks every student registering for the ACT Test if they have disabilities that require 'special provisions from the educational institution [i.e. a college],' and asks them to choose a disability that 'most closely describes your situation.' The choices include hearing impairment, visual impairment, learning or cognitive disability, motor impairment, multiple disabilities, or no disability that requires special provisions," the suit says. "This question is part of the test registration process and is separate from the ACT accommodations request process. ACT does not use this information to determine whether to grant a student testing accommodations. It uses this information to make money."

Then, the suit charges, this information finds its way into the score reports that ACT provides colleges -- and also into the information on the student names purchased by colleges. In this section of the suit, the plaintiffs quote from materials used by ACT to promote its services to colleges.

"ACT knowingly uses this data in two impermissible ways. First, ACT includes this detailed disability information in its score reporting services to colleges. In fact, ACT reports whether a student has a disability requiring accommodations and the type of disability on the face of the score reports it sends to colleges," the suit says. While ACT says that it no longer engages in "flagging" of scores (letting colleges know that someone has received accommodations), this alleged practice achieves the same purpose, the suit says. Advocates for students with disabilities say that flagging is a form of discrimination, and several court rulings back this view.

"Second, ACT sells the same private and confidential disability data to colleges to make money," the suit says. "As a result of ACT's access to private student information, its share in the competitive enrollment services marketplace continues to grow. ACT's dual role as gatekeeper of students and enrollment manager for colleges allows it to compete in the enrollment services business by representing to colleges and universities that it will help them 'remove the guesswork,' 'target their recruiting efforts,' 'evaluate incoming students to make sure they have the tools to succeed' and 'retain and graduate more students.'"

These issues are more important than ever, the suit says, because of ACT's recent purchase of NRCCUA, which also provides names and a range of enrollment services to colleges.

Ed Colby, a spokesman for ACT, said via email that the organization never comments on litigation. But he offered some comments on ACT's views of privacy issues.

"ACT is committed to the appropriate use of information obtained through assessments that we administer. We share the public's concern that assessments be used appropriately, and we recognize the importance of encouraging the appropriate use of assessment information in decision making," Colby said.

He said that ACT is committed to ethical policies on testing, consistent with guidelines and research from groups such as the Code of Professional Responsibilities in Educational Measurement prepared by the National Council on Measurement in Education, and the Standards for Educational and Psychological Testing prepared by the American Educational Research Association, American Psychological Association and National Council on Measurement in Education.

As for information on students, he said that "ACT's general policy is to provide individually identifiable information to a third party only at the direction of the individual or after the individual has been provided notice and an opportunity to opt out of such sharing."

# data[].attributes.attachment_link.title
Lawsuit raises questions about privacy rights and the names of prospective students that colleges buy

# data[].attributes.attachment_link.description
In May, the U.S. Education Department warned testing organizations, colleges and schools that changes in testing practices add to their obligations to protect the privacy of test takers. For years, testing organizations have asked high school students questions about themselves when they register to take examinations like the SAT or ACT.

# data[].attributes.headline
STEP 2 - Exploration Option 3 - Periodicals Related to Education #2

# data[].attributes.subject
STEP 2 - Exploration Option 3 - Periodicals Related to Education #2

# data[].attributes.body
With weeks away from U.S. News & World Report releasing the rankings for Best Colleges, trending now from Inside Higher Education (Jaschik, 2018) has the latest that colleges are not reporting accurate information. Even when the errors were minimal, U.S. News & World Report did not change the rankings. Digger further, there were 8 colleges that had errors that would move their rankings down the list (Jaschik, 2018).

# data[].attributes.attachment_link.readable_text
It's just a few weeks from the next edition of the U.S. News & World Report "Best Colleges" rankings, widely questioned by educators but relied on by many students and parents (and boasted about by some of the same educators who say that the rankings are a lousy way to pick a college).

But it turns out that eight of the colleges ranked a year ago submitted information that was sufficiently incorrect that it would have changed their places in the rankings. And so U.S. News has declared them to be "unranked," a punishment that lasts until Sept. 10, when the new edition comes out.

The eight additional colleges reported to have submitted incorrect data follow other incidents this year, which has seen an uptick in the number of colleges whose rankings were based on incorrect information. In one of those cases -- involving the business school of Temple University -- officials have admitted that incorrect data were submitted intentionally and for several years for several programs. The eight new colleges are blaming human error, not malice, for the flaws in their data. And the colleges themselves told U.S. News about the errors.

A summary by U.S. News of rankings problems is as follows:

Austin Peay State University incorrectly reported its six-year graduation rate as 40 percent when it was 37 percent.

Dakota Wesleyan University incorrectly reported its average need-based grant to undergraduates. The university reported the average was $16,406, but the correct figure is $13,579.

Drury University understated its enrollment as 1,611, when it was actually 3,571. The error made it appear that spending per student was much higher than it was.

Hampton University originally reported a six-year graduation rate of 66 percent when it is 56 percent.

Oklahoma City University originally reported a six-year graduation rate of 62 percent when it is 59 percent.

Randolph College reported that its average faculty salary was $104,200 when it was $88,647.

Saint Louis University reported a six-year graduation rate of 77 percent when it was really 74 percent.

Saint Martin's University reported its six-year graduation rate as 55 percent when it was actually 52 percent.

Generally, U.S. News does not remove rankings from colleges whose errors were so small that they do not affect the numerical ranking a college receives over all. But in all of these eight cases, the errors were large enough that colleges would have seen drops in their rankings.

In the year since U.S. News last released "Best Colleges," it has also announced that incorrect information was used for rankings for the following institutions -- generally for professional schools, not the college as a whole. Beyond Temple, institutions that have lost rankings due to incorrect data in the last year include Sam Houston State University (education school), Texas Christian University (business school), the University of Florida (nursing school) and the University of South Florida (nursing school).

Of the eight colleges identified this week as having rankings errors, Austin Peay, Dakota Wesleyan and Oklahoma City did not respond to requests for comment. Saint Martin's said that it was investigating.

Hampton University sent a statement saying that U.S. News had "suddenly" changed its formula for calculating graduation rates, and that Hampton's original figures were within the old U.S. News system. Hampton said that its original figures included students who had attended Hampton and graduated from other institutions, which it said was "well within the exiting guidelines." But U.S. News "shifted" its polices, Hampton said. Hampton's statement said the actions by U.S. News would result in "potentially brand damaging media attention."

Drury University's president, Timothy Cloyd, said the problem there was that some information was prepared using residential undergraduate totals, and other information was prepared using online and adult students as well. It was a "too many chefs in the kitchen" situation, he said, and the university is revamping its procedures to prevent future problems.

A statement from Saint Louis University said that it believes its errors actually did not improve its rankings. Saint Louis said that the problem related to counting some nondegree students together with degree-seeking students. Nonetheless, a statement from the university said that it regrets the error and will examine its processes to prevent future errors.

A spokeswoman for Randolph said that a single keystroke created the college's error. The college accidentally reported that it has four assistant professors, not 14. That led the total salary figure to be overstated, since the full professors and associate professors earn more, and their numbers were not undercounted.

U.S. News has always said that colleges themselves must audit the data they submit.

Asked if the errors in the last year suggested a problem, Robert Morse, who leads the U.S. News rankings effort, said via email that this was not the case. He said that the organization "takes cases of misreporting seriously." He added that the errors are "rare," considering that more than 1,800 colleges are included in the U.S. News rankings.

This year's errors are being reported more than 11 months into the year in which the rankings have been out, and the "unranking" of these colleges will end with the release of the new rankings Sept. 10. Asked if losing a ranking for a few weeks was a sufficient sanction, Morse said that reporting by Inside Higher Ed and others drew attention to errors and would "result in schools facing greater scrutiny about their academic offerings from the media, and more importantly, the public."

# data[].attributes.attachment_link.title
Eight more colleges identified as submitting incorrect data for 'U.S. News' rankings

# data[].attributes.attachment_link.description
It's just a few weeks from the next edition of the U.S. News & World Report "Best Colleges" rankings, widely questioned by educators but relied on by many students and parents (and boasted about by some of the same educators who say that the rankings are a lousy way to pick a college).

# data[].attributes.body
Dix, W. (2018, May 16). You Need To Understand Your Educational Privacy Rights.  Retrieved from https://www.forbes.com/sites/willarddix/2018/05/16/you-need-to-understand-your-educational-privacy-rights/#43f1991d6b93

Jaschik, S. (2018, August 24).

8 More Colleges Submitted Incorrect Data for Rankings.  Retrieved from
https://www.insidehighered.com/admissions/article/2018/08/24/eight-more-colleges-identified-submitting-incorrect-data-us-news

Jaschik, S. (2018, August 20). Sharing Too Much Information?.  Retrieved from https://www.insidehighered.com/admissions/article/2018/08/20/lawsuit-raises-questions-about-privacy-rights-and-names-prospective?utm_source=Inside+Higher+Ed&utm_campaign=919ab6714e-AdmissionsInsider_COPY_01&utm_medium=email&utm_term=0_1fcbc04421-919ab6714e-234583773&mc_cid=919ab6714e&mc_eid=9ea053ed2a

Young, E. (2015).  Educational Privacy In The Online Classroom: FERPA, MOOCS, and The Big Data Conundrum. Harvard Journal of Law & Technology. 28, 2, 549, 2015. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=edb&AN=108547489&site=eds-live