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As a college counselor in a high school, it is important for me to help student navigate their privacy rights as they transition from high school to college. I chose this  topic because it is important for the juniors and seniors to understand the ways that their privacy should be and is being protected both in their high school and in their future higher education institutions. The audience is meant to be students, parents, high school staff and college staff so that all are aware of the rights of the student in both high school and higher education institutions.

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I had the opportunity to interview the Director of Academic Advising, Krystal Altigeri, at McMurry University. An important part of her role on campus is protecting the privacy of the students on campus.

Student privacy is especially important in academic advising in that students have the choice as to who will have access to their records. Students must allow access to their records to parents, spouses or other individuals. Krystal shared with me the specific form that each student complete for other individuals to have access to their records. Students learn self-authorization by taking responsibility of their student records. This topic is incredibly important for advising both in high school college counseling and academic advising as students seek advice in their educational journey. It is important for college counselors and academic advisors to respect and protect student information and their self-authorization.

An emerging issue in this area are the type of parents that both high schools and higher education institutions are serving. Parents may become frustrated in the transition between high school and college if their student has not granted them access to their information. Additionally, there is some information, such as grades, that staff members are not able to share over the phone in order to protect the students' privacy.

Best practices:

It is important to help parents and students understand the privacy policies upfront.

Advisors and college counselors must be mindful of the information they are sharing and who they are sharing it with.

As counselors and advisors, we should empower our students to take responsibility for their own educational records thus aiding in their self-authorization.

K. Altigeri. Personal Communication. September 13, 2019.

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Shepardson, J. A. (2018, June 19). "So, what can you tell me about my son while he is a student at your school?" - James E. Scott Academy Post. Retrieved from https://www.naspa.org/constituent-groups/posts/so-what-can-you-tell-me-about-my-son-while-he-is-a-student-at-your-school.

https://www.naspa.org/constituent-groups/posts/so-what-can-you-tell-me-about-my-son-while-he-is-a-student-at-your-school

This article from the NASPA website shares the real life question that parents and students may have as they transition from high school to college. Many parents may have concerns on what information may be shared with this about their student. This resource encourages keeping parents informed, especially if the student is struggling, while still protecting the students privacy rights.

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Anderson, G. (2019, October 3). Students look to federal courts to challenge Title IX proceedings. Retrieved from https://www.insidehighered.com/news/2019/10/03/students-look-federal-courts-challenge-title-ix-proceedings.

https://www.insidehighered.com/news/2019/10/03/students-look-federal-courts-challenge-title-ix-proceedings, shares of the issues in regards to students' privacy rights via FERPA in regards to Title IX proceedings.

This article addresses the current dilemma of respecting students' privacy and their FERPA rights in Title IX related court cases.

The Yale student experienced hardship in their Title IX case, reached an agreement and was allowed the graduate.

This case indicates that there is increased pressure now to respect students' privacy in Title IX proceedings to avoid court.

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Hazelrigg, N. (2019, August 8). Concordia College president's wife caught in lawsuit over mental health privacy. Retrieved from https://www.insidehighered.com/news/2019/08/08/concordia-college-presidents-wife-caught-lawsuit-over-mental-health-privacy.

https://www.insidehighered.com/news/2019/08/08/concordia-college-presidents-wife-caught-lawsuit-over-mental-health-privacy

This article addresses a recent privacy lawsuit against Concordia College.

The lawsuit states that the students' mental health records were encouraged to be compromised by staff, including president's wife.

In this case, the court elected to support student mental health privacy.

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

Statutory

https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf.

Family Educational Rights and Privacy Act protects the privacy of students.

The law specifically outlines what institutions may and may not share and who has access to said information .

This law indicates that students have control over their own records and must approve for individuals, such as family, to have access to their records.

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Abilene Independent School District Student Code of Conduct (2019). Protect Intellectual Property. Retrieved from https://www.abileneisd.org/wp-content/uploads/2019/09/Student-Code-of-Conduct-2019-2020.pdf.

Administrative

https://www.abileneisd.org/wp-content/uploads/2019/09/Student-Code-of-Conduct-2019-2020.pdf

Student has the right to privacy of information.

Student must respect the privacy of others, such as devices, passwords, and other accounts.

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TX HB 2087, 85th Legislature. (Tex. 2017).

Statutory

https://capitol.texas.gov/tlodocs/85R/ billtext/html/HB02087I.htm

This law regulates how and when information from college applications can be shared by the institution.

This law specifically covers online information.

For example, their information cannot be shared for advertising purposes.

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TX SB 820, 86th Legislature. (Tex. 2019).

Statutory

https://capitol.texas.gov/tlodocs/86R/ billtext/html/SB00820I.htm

This bill requires for districts to maintain high levels of cybersecurity.

Every district must have a cybersecurity policy and cybersecurity administrator to align with the law.

The framework must align with the higher education standards for cybersecurity.

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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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Abilene ISD
Student/Parent Handbook
2018-2019 (2019). Retrieved from https://www.abileneisd.org/wp-content/uploads/2018/08/Student-Parent-Handbook-2018-2019-2.pdf.

Per the Student/Parent Handbook of AISD, the district abides by the policies and laws instituted by FERPA. Such policies are release of directory information, authorized inspection of student records, and other FERPA requirements. Higher education institutions receiving federal funding must also abide by similar laws and policies. A major difference between high school and college will be that the student will take responsibility of their information and data and the rights that accompany those.

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The topic of student privacy aligns with the ACPA ethical principle of student learning and development (ACPA Statement of Ethical Principles and Standards. n.d) . This ethical standard focuses on the needs of the student and what is best for them. Protecting the students' information and giving them the power over their education develops the student's self-authorization.

ACPA Statement of Ethical Principles and Standards. n.d. Retrieved from http://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf.

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The link below provides helpful information for students and families regarding FERPA and student privacy. This resource provides information on directory information, information that is protected under FERPA, student information in regards to law enforcement, the responsibility of the student and the responsibility of the school.

https://studentprivacy.ed.gov/frequently-asked-questions.

Frequently Asked Questions. (n.d.). Retrieved from https://studentprivacy.ed.gov/frequently-asked-questions.

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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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Always be aware of your duty to the student in regards to their privacy rights.

Always keep the student as the priority in your decision making process in regards to their information.

Always check to see if you have approval from the student when sharing their educational information with individuals who inquire about them.

Educate your students and families about their privacy rights.

Students have rights in regards to what information is shared about them, where it is shared and who it is shared with.

Students in higher education have now taken on the responsibility of their own education and have the right to self-authorization.

Protecting student information and being mindful of FERPA laws is a duty of all faculty and staff on campus.