From a professional standpoint on colleges and universities protecting the privacy of their students, I believe that it is the responsibility of every faculty member and staff to ensure all protocols are followed to protect their students' rights to privacy. The audience is the student, faculty, staff, and anyone involved with the student's information. Institutions of higher education must follow the Federal Code of Regulations.

I chose to cover FERPA because I am a prior student, and a current college staff member who knows that privacy is a major safety issue for students, and I want to make sure we are held to a higher standard when it comes to privacy in this new technology era, we are living in.

Governed by the U.S. Department of Education and the Texas Education Agency.

College Admissions Office and their staff are responsible for the facilitation of the policy and the college registrar and president, are responsible for making sure the college is complying.

FERPA gives certain rights to parents in regard to their students educational records. Once the students turns 18 those rights are transferred to the student and the parents are only allowed access if the student puts the parents on their privacy contact information at the college. I learned that a students place of birth is considered "directory information" and schools are allowed to disclose that to others without consent.

The Family Educational Rights and Privacy Act (FERPA), is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. (Tex Const. art 20 §1232g)

The Texas Law for FERPA in higher education is section 552.114, (Tex Gov’t Code §552.114; Tex Educ Code §26.004)

FERPA

·         protects students who are over the age of 18 to privacy of their educational records

·         Colleges who violate FERPA are asked to comply, if they refuse a cease-and-desist order can be issued

·         payments from the Department of Education programs will be frozen

·         in severe cases colleges will lose federal funding

Family Education Rights and Privacy Act, 20 U.S.C. §1232 (2012).

Tex Gov't Code §552.114

Tex Const. art. 20, §1232g.

(Texas Public Information Act, Tex. Gov’t Code § 552.001 et seq.)

Texas administrative law for FERPA 19 T.A.C § 1.18. FERPA means the Family Educational Rights and Privacy Act, 42 U.S.C. §1232g, including regulations and informal written guidance issued by the United States Department of Education and any amendments or supplementation thereof.

(Operation of Education Research Centers, 19. Tex. Admin. Code § 1.18)

FERPA in higher education is used to

·         Inspect and review student’s education records

·         Amendment of education records

·          

·         If a student feels that their privacy has been violated, they must file a complaint with the DOE.

·         Schools that fail to comply with FERPA can lose federal funding

·         Employees who violate FERPA can be fined up to $500 for each violation

Tex. Gov't Code §552.001 et seq.

Operation of Education Research Center, 19 Tex. Admin. Code §1.18.

U.S. v Miami University, 2002.

The Department of Education sued Miami university to ban them from releasing student disciplinary records to a newspaper. The court concluded that student disciplinary records are unquestionably student education records under federal law and are protected as such.

(U.S. v Miami University, 6^th Cir. 294 F.3D 797).

The supreme court ruling in favor of Tufts shows that altering a test would lower the academic standards of the course.

The ruling on FERPA regarding student disciplinary records protects the students from outside discrimination.

U.S. v Miami University, 6th Cir. 294 F. 3D 797.

Federal regulation refers to Protection of Pupil Rights Amendments; 1978 or Tex. Educ Code §32.151 et. Seq. or Tex. HB2087.

Government mandates on ADA and FERPA are set in place to protect institutions and the students.

The privacy of an individual’s medical and related records may be protected by the Health Insurance Portability and Accountability Act (“HIPAA”), excepting health records protected by FERPA and by Texas state law. Access to an employee’s personnel records may be restricted by applicable Texas and federal law. (Howard College, 2023).

This policy is in place to protect the privacy of the students.

•Increase awareness of FERPA to all staff making sure everyone knows what information is protected under the law

•Understand the rights that FERPA provides

•Know the exceptions to the law

•Train staff members

Institutions of higher education must make students right to privacy very important. FERPA violations are serious. The penalty for non-compliance with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) can be withdrawal of U.S. Department of Education funds from the institution or agency that has violated the law. This applies to schools, school districts, and state education agencies. The Family Policy Compliance Office of the U.S. Department of Education, charged with reviewing and investigating complaints, seeks to promote voluntary compliance with the law. To date, findings of non-compliance have not resulted in such action.

A third party who improperly discloses personally identifiable information from student records can be prohibited from receiving access to records at the education agency or institution for at least five years. State laws on privacy may also apply penalties. (IES, n.d.)

Institute of Education Science. Section six. (n.d.)

https:necs.ed.gov/pubs97/p97527/Sec6_txt.asp#:~:text=The%20penalty%20for%20non%2Dcompliance,that%20has%20violated%20the%20law

The principles of ethics in FERPA is basically valuing and respecting the privacy of each student, employee, parent, and partner of the college. The release of information should follow the FERPA Act, The Clery Act, and the Texas Public Information Act.

(Howard College, 2023).

Ethical decision-making strategies to implement for FERPA regulations in higher education.

ADA compliance is so important on college campuses to maintain the legal compliance. Aside from the legal aspect, college campuses who follow the guidelines of ADA will also influence more students with disabilities to attend said campus.

2. Do No Harm- Do not do anything that could potentially mentally or physically harm a student or staff member. Don’t release student information that isn’t allowed. (McDonald et al., 2006)

   
   

3. Benefit Others- Promote the health and well being of the students. Make sure the students are being placed first, over everything else. (McDonald et al., 2006)

   
   

4. Being Just- Treat everyone fairly. Treat each student equally. (McDonald et al., 2006)

5. Being Faithful- Be trustworthy. Always be honest with the students. (McDonald et al., 2006)

McDonald, W.M., Walker Ebelhar, M., Orehovec, E.R., & Sanderson, R.H. (2006).

Ethical Decision Making: A Teaching and Learning Model for Graduate Students and New Professionals. College Student Affairs Journal, 25(2), 152-163.