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Slide #1 Professional Perspective of Confidentiality of Educational Records

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Slide #1 Professional Perspective of Confidentiality of Educational Records

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Professional perspective:
As a school counselor, I have a special duty to advocate for my students, help them navigate their middle school years successfully academically and socially, and support their mental health. It is important to evolve professionally by attending professional development and collaborating with other certified and professional counselors.

Field of education:

Department of Curriculum and Instruction, Angelo State  University

Certified School Counselor

Topic:

Confidentiality of Educational Records

I chose the topic of confidentiality of educational records because I have seen a rise in breaches of confidentiality regarding the sharing of student information and counseling interventions and allowing parents/guardians to view educational records.

Audience:
K-12 School Counselors, Administrators, Teachers, Librarians, and Secretaries

I included teachers, librarians, and secretaries due to the continuous growth of technology and cyber-attacks.

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Slide #2 Confidentiality of Educational Records Summary

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Slide #2 Confidentiality of Educational Records Summary

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Breaches in confidentiality regarding student education records are on an all-time rise. School districts and school counselors must provide training to help staff understand the laws, professional guidelines, and policies to safeguard student information. This Confidentiality of Student Education Records Legal Guide can outline critical issues during professional development regarding statutes, court cases, procedures, professional standards, and current events. The Family Educational Rights and Privacy Act (FERPA) is one of the nation's strongest privacy protection laws, protecting official and confidential student education records and covers exceptions for sharing student information (National Center for Education Statistics, n.d.).
This guide also touches on professional and ethical dilemmas that school counselors may encounter when asked to divulge information and notes regarding confidential information shared during a counseling session.

This legal guide also provides current events regarding parents' concerns with technology usage in the classrooms and sharing of student data. As the field of education moves forward in the fast-moving world of technology usage in the classroom, data sharing within the school as well as transferring records digitally to other schools, remote learning, and homeschooling, school districts need to spend time not only making policies and guidelines to protect student education records but expand their budget to put in place cybersecurity safeguards as well.
These concerns directly affect school counselors as most are in charge of student education records, sharing with staff members with an educational need, and working collaboratively with parents/guardians, mental health professionals, child protective services, and law enforcement. School counselors must work closely with administrators and school board members to protect students' privacy.

References
National Center for Education Statistics (NCES) (n.d.). Protecting the privacy of student education records. National Center for Education Statistics (NCES)://nces.ed.gov/pubs97/web/97859.asp

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Students In Need And The Courts, written by Carolyn Stone Ed.D., chair of ASCA’s Ethics Committee

Stone, n.d.

https://www.schoolcounselor.org/Magazines-old/January-February-2015/Students-in-Need-and-the-Courts

Summary:
This article discusses the difficulty Child Welfare agencies are having accessing foster children's education records and how amendments like the Uninterrupted Scholars Act (USA), an amendment to the Family Education Rights and Privacy Act (FERPA), allow school districts to share students' educational records with a designated representative of a state or local child welfare agency without parental consent. These amendments leave counselors believing they are breaching confidentiality and are causing counselors to struggle with the law and their ethical standards. Ultimately the law supersedes a counselor's ethical standards.

Special Note: School counselors are often not informed by their administration of changes in FERPA laws. It is essential to communicate with your administration.

References
Stone, C. (n.d.). Students in need and the courts. American School Counselor Association (ASCA). https://www.schoolcounselor.org/Magazines-old/January-February-2015/Students-in-Need-and-the-Courts

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Parents Want Larger Role Protecting Student Privacy As Concerns Grow, written by Anna Merod of K-12 Dive.

(Merod, 2021).

https://www.k12dive.com/news/report-parents-want-larger-role-in-protecting-student-privacy-as-concerns/610185/

Summary:

Parents' concern over student data privacy and security continues to increase.

2020 was a record-breaking year for cyber-attacks due to COVID and the push to remote learning.

Schools have been focused on policies.

Cybersecurity is not a core competency at most school districts, leaving cybersecurity departments underfunded.

"It’s important to approach technology in education with diligence, thoughtfulness and care" (Merod, 2021).

References
Merod, A. (2021). Parents want larger role protecting student privacy as concerns grow. K-12 Dive. https://www.k12dive.com/news/report-parents-want-larger-role-in-protecting-student-privacy-as-concerns/610185/

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Los Angeles School District Confirms Sensitive Student Data Leaked, written by Matt Kapco of K-12 Dive

Kapko, M. (2023).

https://www.k12dive.com/news/los-angeles-schools-ransomware-health-records/643718/

Summary:

Approximately 2,000 former and 60 present students' health records, psychological assessments, driver's licenses, and social security numbers were leaked as a result of a ransomware attack.

Vice Society was behind the ransomware attack.

Superintendent, Alberto Carvalho, tried to downplay the impact of the leaked confidential information.

Threat researchers found that some of the information leaked contained personal and sensitive information about employees.

Cybersecurity experts reviewed the details and notified the individuals that would be impacted by the data breach, including vendors related to the school.

Individuals that were affected were advised on the resources available to them and the steps that needed to be taken to protect themselves.

Legal notification is a long ongoing process due to some files' age.

There have been numerous data breaches, and continue to grow.

This is a relatable article to my topic because as we progress in a world of technology, we must take precautions to protect student education records from the possibility of cyber-attacks and become educated on the process of informing individuals of breaches when they happen.

References
Kapko, M. (2023). Los Angeles School District confirms sensitive student data leaked. K-12 Dive. https://www.k12dive.com/news/los-angeles-schools-ransomware-health-records/643718/

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Slide #6: 4th Amendment to the U.S. Constitution 

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Slide #6: 4th Amendment to the U.S. Constitution 

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Slide #6: 4th Amendment to the U.S. Constitution (1791)

U.S. Const. Amend. IV, § 3

Constitutional Law

https://constitution.congress.gov/constitution/amendment-4/

Under Substantive due process of The 4th Amendment of the U.S. Constitution, a civil liberty which ensures a constitutional right to privacy:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized” (U.S. Const. amend, IV).

The right to privacy is rooted in several amendments to the Constitution. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion and protects the privacy of student education records from unreasonable searches and seizures.

References
U.S. Const. amend. IV, § 3

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Slide #7: The Family Educational Rights and Privacy Act of 1974

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Slide #7: The Family Educational Rights and Privacy Act of 1974

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Family Educational Rights and Privacy Act of 1974

The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g

The Family Educational Rights and Privacy Act of 1974, 34 CFR § 99.31

Statutory Law / Federal Administrative Law

https://studentprivacy.ed.gov/ferpa

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student educational records in school districts that receive funds under an applicable U.S. Department of Education program. School districts cannot share “personally identifiable information in education records” without a parent's written consent for a child under 18 (FERPA, 20 U.S.C. § 1232g).

Parents are given some control over their child’s educational records until the child turns 18, enrolls in a post-secondary school, or is a child that has been emancipated through the court system. Parents are allowed to view records and request changes for incorrect or misleading information.

Schools can disclose information for directory purposes without parental consent; however, they must notify the parents. Parents have the right to deny disclosure of information for the directory.  Exceptions to non-disclosure of student educational records include conversations during a counseling session, and counseling records must be shared in compliance with judicial orders and subpoenas with any state or local law enforcement agency, the juvenile justice system, child protective services, and probation officers (FERPA, 20 U.S.C. § 1232g).

Under the Code of Federal Regulations (C.F.R.) of FERPA, schools are allowed to share student educational records without parental consent under certain circumstances, such as students transferring to another school, official audits for evaluation purposes, post-secondary schools in connection with financial aid to a student, studies on behalf of the school, or health and safety emergencies (FERPA, 34 CFR § 99.31).

References:

The Family Educational Rights and Privacy Act of 1974, 34 CFR § 99.31
The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g

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Jensen v. Reeves, No. 99-4142, 3 Fed. Appx. 905 (10th Cir. 2001).

Judicial Law

https://ca10.washburnlaw.edu/cases/2001/02/99-4142.htm

The school sent an official letter to the victims' parents and witnesses of another student’s verbal and physical harassment. The official letter informed parents that the school had investigated a report of verbal and physical harassment toward their child or that their child had witnessed the event. The school explained that their child was interviewed during the investigation and outlined the disciplinary action against the perpetrator.

The Court of Appeals determined that the school informing parents of the victims of the incident, the outcome of the investigation, and the disciplinary action taken did not “constitute a release of an educational record” and did not violate the Family Educational Rights and Privacy Act (FERPA) (Jensen v. Reeves 2001). Therefore, informing only the victims' parents about the incident caused by another student was legitimate under FERPA.

References
Jensen v. Reeves, No. 99-4142, 3 Fed. Appx. 905 (10th Cir. 2001).

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Slide #9: Texas Educational Code § 26.004

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Slide #9: Texas Educational Code § 26.004

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Tx. Edu. Code § 26.004

State Administrative Law

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

The Texas Education Code outlines state legislature laws and rules regarding school districts' responsibilities to keep student education records confidential. Chapter 26 (Tx. Edu. Code § 26.004) outlines parental rights to access their student’s educational records. A parent is entitled to access all written records, including:

Attendance records

Test scores

Grades

Disciplinary records

Counseling records

Psychological records

Applications for admission

Health and immunization information

Teacher and school counselor evaluations

Reports of behavioral patterns

Records related to learning difficulties

Records of intervention strategies (Tx. Edu. Code § 26.004).

References
Educators’ Code of Ethics, 19 Tex. Admin. Code § 26.004.

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Slide #10: Junction Independent School District Student Handbook

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Slide #10: Junction Independent School District Student Handbook

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Junction Independent School District Student Handbook

Administrative Law (Local Policy)

https://www.junctionisd.net/cms/lib3/TX01001884/Centricity/Domain/114/2022%202023%20Student%20Handbook.pdf

Junction Independent School District’s Student Handbook outlines what is considered a student's educational record*, who can access the records, procedures to request an amendment to the record, and all guidelines and restrictions of FERPA will be followed. The handbook also outlines the exceptions to disclosing identifiable information without parental written consent as outlined in FERPA (Junction Independent School District, 2022).

* A list of educational records can be viewed in the Texas Education Code slide.

References

Junction Independent School District. (2022). Junction ISD Student Handbook.

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ASCA Ethical Standards for School Counselors

Ethical Code A.2 Confidentiality

American School Counselor Association (ASCA) (n.d.). Ethical standards for school counselors.

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Summary:
School counselors understand their ethical duty to protect the privacy of a student's education records. They also understand their obligation to balance a student's privacy (education and counseling records) and understand parental legal rights to make decisions for their children (American School Counselor Association (ASCA), n.d.).

References
American School Counselor Association (ASCA)(n.d.). Ethical standards for school counselors. American School Counselor Association. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Student Data Privacy Protection Explained, written by Ryan Brooks of Netwrix

Brooks, n.d.

https://blog.netwrix.com/2019/09/24/student-data-privacy-protection-explained/

Summary:
The article discusses laws that protect student records and provides a list of examples. The author also provides precautions schools can put in place to protect student privacy. Technology is an educational asset but also brings a need for additional precautions to protect student education records from cyberattacks.

References
Brooks, R., (n.d.). Student data privacy protection explained. Netwrix Corporation.                                          https://blog.netwrix.com/2019/09/24/student-data-privacy-protection-explained/

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Slide #13 Recommendations/Best Practices for Compliance 

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Slide #13 Recommendations/Best Practices for Compliance 

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Best Practices:

Remember that "student education records are official and confidential documents protected by one of the nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA)" (National Center for Education Statistics, n.d.).

Ensure that all student education records, including counseling documentation, are protected from unreasonable searches and seizures (U.S. Const. Amend. IV, § 3).

Be prepared to share all student educational records with the parent/legal guardian (Tx. Edu. Code § 26.004).

Be prepared to share student educational records in compliance with the following:

Judicial orders

Subpoenas

State law enforcement agency

Local law enforcement agency

Juvenile justice system

Child protective services

Probation officers (FERPA, 20 U.S.C. § 1232g).

School districts need to take precautions to protect the privacy of student education records from the possibility of cyber-attacks.

The law supersedes a counselor's ethical standards regarding sharing of student education records and counseling records.

References

FERPA, 20 U.S.C. § 1232g

National Center for Education Statistics (NCES) (n.d.). Protecting the privacy of student education records. National Center for Education Statistics (NCES)://nces.ed.gov/pubs97/web/97859.asp

Tx. Edu. Code § 26.004

U.S. Const. Amend. IV, § 3