Student Records and Privacy by Whitney Edge https://padlet.com/wedge1/nmiw5xo4urrp7gq7 en-us 2021-09-09 22:41:42 UTC 2021-09-17 01:27:41 UTC hello@padlet.com Slide #1-Professional Perspective wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729324355 My professional perspective is that of a third year, third-grade teacher in a Title I campus located in Houston, Texas. I am currently a professional school counseling student and aim to counsel at the elementary school level.

This guide serves to support those in the counseling field to understand the laws and policies regarding student records and privacy. This topic was chosen because student privacy seems to be a constant issue as well as one of the most important aspects of counseling.]]> 2021-09-09 22:47:27 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729324355 Slide #2-Interview wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729324779 Charlette Hart Vaughn is the counselor at G H Whitcomb Elementary in Clear Creek ISD. Charlette was interviewed to identify a legal topic in the field of school counseling. She discussed the importance of student privacy.

Charlette described that student privacy is very important in the field of counseling. Not only because it is the law based on FERPA (20 USC §1232g ), but because confidentiality is part of being a counselor and helps support the counselor-student relationships. Hart described that often times educators break these rules without realizing. She said "teachers love to talk" when describing her concern about student privacy. Many educators want to know everything they can about their students because they care about them. But the fact of the matter is that student privacy is protected by laws.

Hart emphasized on the importance of counselors advocating for student privacy to teachers and administration. When asked about her best practices regarding this legal issue she mentioned these three:

-Being well versed in FERPA and understanding what is and is not protected by the law as well as what can and cannot remain confidential.
- Advocating for student privacy and confidentiality to all staff members and keeping teachers aware of the law.
-Keeping updated and detailed records and notes of student information and data.

The G H Whitcomb Elementary website is https://whitcomb.ccisd.net/ 

References:

Family and Education Privacy Rights, 20 USC §1232g.


 ]]> 2021-09-09 22:47:51 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729324779 Slide #3-Professional Organization wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729325687
This resources provides a guide on understanding FERPA as it pertains to school safety. Many times, counselors feel they are legally tied to student privacy due to laws and statutes. However, there are times when privacy and confidentiality can be disclosed. This resource describes an instance such as this.

Stone, C. (2008, May 1). FERPA and school safety. American School Counselor Association. https://www.schoolcounselor.org/Magazines/May-June-2008/FERPA-and-School-Safety]]> 2021-09-09 22:48:44 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729325687 Slide #4- Current News wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729326511
  • Technology is becoming more and more prevalent in education. Especially in today's times, many students are participating in remote learning. 
  • With teachers not being physically available to these students, many teachers are using remote classroom management tools that allow them to view students' screens from their own. 
  • This article discusses how programs such as these may be an invasion in student privacy. 

    • Sawchuk, S. (2021, April 2). Teachers are watching students' screens during remote learning. Is that invasion of privacy? EducationWeek. Retrieved from  https://www.edweek.org/technology/are-remote-classroom-management-tools-that-let-teachers-see-students-computer-screens-intrusive/2021/04
    ]]>     2021-09-09 22:49:36 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729326511     Slide #5-Current News wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729326781
  • Teachers can get upset when counselors withhold information regarding one of their students. 
  • Counselors must balance student privacy and confidentiality while also sharing valuable information that would support the student's success.
  • Counselors can share useful information without sharing everything. Even when teachers get upset, it is the law that counselors only share what is considered a "need to know".

    • Fagell, P. (2019, August 27). Teacher is upset at counselor for withholding information. Phi Delta Kappan. Retrieved from https://kappanonline.org/fagell-teacher-counselor-withholding-information-troubled-student/ 
    ]]>     2021-09-09 22:49:53 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729326781     Slide #6-Original Source of Law1 wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729327419 Family Education Rights and Privacy Act Statute (Statutory Law)
    • Federal law that outlines the rights
      and privacy that parents or eligible students (over 18) have over students’ education records.
    • Prohibits educators from sharing student information with others unless it serves a legitimate educational interest in the student.


    Family and Education Privacy Rights, 20 USC §1232g.
    ]]>     2021-09-09 22:50:32 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729327419     Slide #7- Original Source of Law2 wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729328106 Family Education Rights and Privacy Act Regulations (Administrative Law)

    • Provides regulations and codes for following the Statutory Law, FERPA.
    • Sets requirements for agencies that protests students' and families privacy rights in education.


    Family Educational Rights and Privacy, 34 CFR §99
    ]]>     2021-09-09 22:51:16 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729328106     Slide #8- Original Source of Law3 wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729329449 Texas Constitution (Constitutional Law)

    • Gives all students a right to an efficient public education system.
    • An efficient education system includes adhering to privacy and confidentiality regulations regarding student information and data.

    Tex. Const. art. 7, §1
    ]]>     2021-09-09 22:52:32 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729329449     Slide #9- Original Source of Law4 wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729329925 New Jersey v. T.L.O (Judicial Law)

    • Searches and seizures can be done by school administration if there is a reasonable cause. 
    • Searching a student's belongings and sharing information about what was found does not violate student privacy laws or rights as long as there is reasonable cause for the search and seizure. 


    New Jersey v. T.L.O., 469 U.S. 325 (1985)

     
    ]]>     2021-09-09 22:53:00 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729329925     Slide #10-Local Administrative law/rule/policy wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729330953
    Attached is Clear Creek's student record policy. This is the policy they have created to ensure the district and its employees follow laws regarding student privacy.

    Clear Creek ISD. (2019). Clear Creek ISD Student Records Policy. Retrieved from https://pol.tasb.org/Policy/Download/505?filename=FL(LOCAL).pdf 

    ]]>     2021-09-09 22:53:53 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729330953     Slide #11- Ethical Principle wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729332207 ASCA standard A.12(b) requires counselors to advocate for appropriate use of student data and records to administration and educators. Teachers often share too much information with each other regarding students. It is part of a counselor's role to advocate what is and is not appropriate to be shared and how it relates to the law.

    American School Counselor Association, (2016). ASCA ethical standards for school counselors. Alexandria,
    VA: Author.
    ]]>     2021-09-09 22:55:05 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729332207     Slide #12- Personal Connection wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729334638 By critically evaluating laws and ethical standards I can see how they may have impacted my educational journey. Privacy and confidentiality laws make it where only information that is "need to know" be shared about a student. FERPA was passed in long before I was in school so I know that my education was impacted by the law. I can feel more comfortable knowing only information was shared with intent of supporting my success in school.

    The ASCA ethical standards (2016) show that privacy is very important in the role of school counselors. Part of that role includes advocating appropriate use of student records to both teachers and administrators. This shows that counselors play a leadership role on campus as well as a consult to privacy and confidentiality for staff. My goal is to be a counselor so I can support more than just the academic success of students. This includes only sharing information that will benefit the success of the student and nothing that could taint my relationship with students.

    Reference
    American School Counselor Association, (2016). ASCA ethical standards for school counselors. Alexandria,
    VA: Author.
    ]]>     2021-09-09 22:57:28 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729334638     Slide #13- Recommendations/ Best practices wedge1 https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729335579 1. Research and become knowledgable of FERPA and what is and is not protected by the law.

    2. Attend trainings and professional development sessions regarding student privacy and confidentiality. Alway stay up to date with policies and laws. 

    3. Each year, educate staff members on what can and cannot be shared regarding student records and privacy according to law. Always advocate for student privacy and confidentiality and minimize potential risks for breaching those policies.

    4. Keep detailed and organized records of students involved in counseling program.  

    5. Communicate with students as well as families the privacy policies multiple times throughout the year to ensure an understanding and minimize any risks.

    6. Finally, when in doubt, research or reach out the district legal team. It is better to be precautions then risk breaching student privacy and confidentiality. ]]>     2021-09-09 22:58:25 UTC https://padlet.com/wedge1/nmiw5xo4urrp7gq7/wish/1729335579