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The audience for this padlet is for professionals in the higher education field, parents and students. This will address the issue of student privacy and confidentiality. This topic was chosen because it is crucial that faculty members, parents and students are knowledgeable about students privacy and what information each party in allowed to reveal or keep confidential

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Padlet Slide #2 (Information of Interviewer)  

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Padlet Slide #2 (Information of Interviewer)  

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I interviewed Jose Herrera. Mr. Herrera currently works for Sam Houston University and is the assistant director for an organization on campus called ELITE (Establishing Leadership In & Through Education) The purpose of this organization is to help minority male students increase retention and graduation rates. It allows students to come together and help them acquire leadership skills, academic support and engage with other individuals to help them become successful. Not only does Mr. Herrera’s work with students, but he also works with student records and has access to them for institutional purpose. One of his responsibilities is keeping the student’s information confidential.

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Mr. Herrera discusses the importance of confidentiality and how extremely it is important to follow The Family Educational Rights and Privacy Act, also known as (FERPA law). “It gets extremely tricky with parents. Since parents are paying for their child’s education, they have a hard time understanding that by law, I am not allowed to disclose this information, unless the student given consent” (J. Herrera, personal communication, November 17, 2019). Mr. Herrera continues to explain that it is extremely important to know if you are working in the higher education field, of what can or cannot be shared with parents. Their son or daughter has the right to keep this information to themselves unless the parents claim them to their Taxes or an emergency took place.  He also notes that it would be beneficial for the university to hold a workshop for parents to help understand the FEPRA law.

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Every Faculty member needs to attend the  FERPA annual workshop to review what information can and cannot be disclosed. Mr. Herrera said that every university he has worked for he has done yearly training over FEPRA. He also states that although it is a review, he learns information every year and states that it is extremely beneficial since he uses it on a regular basis.

Another best practice Mr. Herrera mentioned was technology and how we use electronic transmission on a regular basis. It is important to keep updated with the new technology programs that are implemented the university uses since it is used on a regular basis.

The third best practice Mr. Herrera discusses is data breach, it is important that we have training on that since we are dealing with an individual's privacy. Employers need to know the signs of a potential breach and what steps must be taken if it does occur.

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Mr. Herrera and I discuss an emerging issue that he has encountered with student workers. For example, Mr. Herrera had a situation dealing with an incident with student records. One of his student workers is in a fraternity on campus and was asked by the fraternity members to get all of the student’s grade point average for faster access. Mr. Herrera was made aware of this situation and this impacts Mr. Herrera because if he did not respond accordingly then the university can be liable due to personal information being passed out without the proper channels. It is important that student workers receive proper training and they are aware of what needs to remain in confidentiality and other information that does not.

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AACRAO provides FERPA compliance training.  This training provides a variety of different aspects of FERPA that are important to learn about when handling student confidentiality. From discussing electronic signatures to how to effectively use campus law to make sure the institution is complying with FERPA. This training can be offered online and on campus.

Citation:
American Association of Collegiate Registrars and Admissions Officers. (n.d).  FERPA compliance and training.  Retrieved December, 2019 from https://www.aacrao.org/resources/ferpa/ferpa-compliance-training

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The Unintentional Ways Schools Might Be Violating FERPA, and How They Can Stay Vigilant

This article discusses how schools are possibly violating FERPA and not even realizing it.

Institutions need to be extremely careful with online vendors such as websites and apps that offer free services.

“those services might appear free on the surface, but the vendors could be getting paid in educational records, or mining data to sell to third parties” (Nazerian, 2019, para, 6).

Citation: Franzi, R. (2018). His college knew of his depression — his parents didn’t. Retrieved from https://www.edsurge.com/news/2018-09-12-the-unintentional-ways-schools-might-be-violating-ferpa-and-how-they-can-stay-vigilant

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His College Knew of His Despair. His Parents Didn’t, Until It Was Too Late.

Under the The Family Educational Rights and Privacy Act of 1974 (FERPA), the student has the rights unless parents claim them on their taxes or they sign the proxy for parents to have access.

However, if a faculty member feels like the student’s safety is in harm’s way, they have the right to contact the parents immediately without the consent of the student.

FERPA does not band informing family members if their family member is suicidal.

Did not contact parents immediately when they noticed warning signs that their son’s health was declining.

His parents were not made aware until it was too late. Their son had died by suicide.

Citation:

Nazerian, T. (2018). The unintentional ways schools might be violating FERPA, and how they can stay vigilant. Retrieved from https://www.edsurge.com/news/2018-09-12-the-
Unintentional-ways-schools-might-be-violating-ferpa-and-how-they-can-stay-vigilant

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 Padlet Slide #6 (Administrative Law State ) 

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 Padlet Slide #6 (Administrative Law State ) 

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The Department of Education requires any staff and faculty members to take an online basic training about the FERPA law.

Training of when and how student records can be released.

Citation: Department of Education (2012). FERPA 101: For Colleges & Universities. Retrieved from https://studentprivacy.ed.gov/training/ferpa-101-colleges-universities

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Padlet Slide #7 Fourth Amendment (Constitutional Law) 

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Padlet Slide #7 Fourth Amendment (Constitutional Law) 

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Protects individuals’ privacy rights and allows people to secure their information and should not be violated unless there is probable cause.

Individuals who are age 18 or older have the right to keep their records private.

If the need of a medical or safety emergency were to arise, they can be released.

Link: https://www.law.cornell.edu/constitution/fourth_amendment

U. S. Const. Amend. IV

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The Family Educational Rights and Privacy Act (FERPA) (Statutory Law- Federal)

The law protects the privacy of students’ education records.

This law transfer from the parents’ rights to the student when the student turns 18.

Link: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Citation:  20 U.S.C. § 1232g;

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The supreme court case of 2002 United States v. Miami addressed the issue of FERPA. “The Sixth Circuit held that a newspaper does not have unrestricted access to unredacted student disciplinary records because such records are "education records" within the meaning of FERPA” (Student Privacy Case Law, n.d).  Educators can retrieve this information if there is a legitimate educational reason. For example, the school can retrieve information regarding grades and transcripts. The newspaper cannot retrieve this information because it is considered an educational record and does not have the right to retrieve this information.

Link: https://epic.org/privacy/student/cases/

Citation:   United States v. Miami Univ., 294 F. 3d 797 (2002). Confidentiality

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Padlet Slide #10 Administrative Local Law 

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Padlet Slide #10 Administrative Local Law 

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San Angelo Handbook complies with federal and state laws. At Angelo State, all current and former students have the right to access their own educational records as long as it does not violate the Family Educational Rights and Privacy Act of 1974.

Link: https://www.angelo.edu/student-handbook/community-policies/student-records.php

Citation: (Angelo State Student Handbook, 2019).

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Under the section of Student Learning Development, the ACPA ethical principles “1.5 Maintain current, accurate knowledge of all regulations related to privacy of student records and electronic transmission of records and update knowledge of privacy legislation on a regular basis”

An example of this scenario could be a faculty member sends an electronic transmission of grades or a transcript to another institution and the person who retrieves this electronic transmission leaves this confidential information in plain view sight where this information can be easily viewed and stolen.

The faculty member needs to make sure they have accurate knowledge of the regulations for students’ privacy records and that they do leave confidential records in open views.

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The book titled FEPRA clear and simple, this book is an excellent for individuals who work in the higher education field working with student records. This book informs the reader about policies and procedures dealing with the FEPRA. Also, it provides insight by Clifford Ramirez who is an expert when it comes to FEPRA and goes in-depth about the various languages, definitions, and guidelines that will be beneficial for higher education faculty members.

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Padlet Slide #13 Bulleted list of Recommendations/Best Practices for a Higher Education Professional 

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Padlet Slide #13 Bulleted list of Recommendations/Best Practices for a Higher Education Professional 

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Attend FERPA training.

Become familiar with how each institution keeps records such as electronically & paper documents.

Be knowledgeable with the state laws, government laws and school policies

Collaborate with colleagues when legal issues arise and what steps to take.

Be knowledgeable about third parties as this can be a risk for students to be in the public view.

Documentation

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                                                   References 

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                                                   References 

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References

American Association of Collegiate Registrars and Admissions Officers. (n.d).  FERPA compliance and training.  Retrieved December , 2019 from https://www.aacrao.org/resources/ferpa/ferpa-compliance-training

American College Personnel Association. (n.d)  Ethical Principles Standards. College Student Educators International. Retrieved December 1, 2019 from,   https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

Angelo State University. (2019, December 7). Student Handbook, Student Records, Part II, § O. 3.a retrieved from https://www.angelo.edu/student-handbook/community-policies/student-records.php

Department of Education (2012). FERPA 101: For Colleges & Universities. Retrieved from https://studentprivacy.ed.gov/training/ferpa-101-colleges-universities

Electronic Privacy Information Center. (n.d) In epic.org. Retrieved December 1, 2019 from, https://epic.org/privacy/student/cases/

Family educational and privacy rights, 20 U.S.C. § 1232g.

Franzi, R. (2018). His college knew of his depression — his parents didn’t. Retrieved from https://www.mentalhealthfirstaid.org/external/2018/05/his-college-knew-of- his-depression-his-parents-didnt-until-it-was-too-late/

Nazerian, T. (2018). The unintentional ways schools might be violating FERPA, and how they can stay vigilant.Retrieved from https://www.edsurge.com/news/2018-09-12-the-

Unintentional-ways-schools-might-be-violating-ferpa-and-how-they-can-stay-vigilant

Ramirez, C. (2009). FERPA clear and simple. Jossey-Bass.

U. S. Const. Amend. IV

United States v. Miami Univ., 294 F. 3d 797 (2002).