Legal Guide on Academic Advising and FERPA by Macy Moreno https://padlet.com/mmoreno226/rdat62fpomh7jhdi en-us 2022-03-03 17:15:02 UTC 2025-11-20 22:48:28 UTC hello@padlet.com https://padlet.net/icons/png/1f4da.png Slide #1: My Professional Perspective mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076337736 As an Academic Advisor in higher education it is important to share with future academic advisors, parents, and students the importance of FERPA in the advising world. I chose this topic because a students privacy is important for legal reasons as well for building healthy trusting relationships with your students. ]]> 2022-03-03 17:42:56 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076337736 Slide #2: Interview mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076338489 I conducted an interview with Britany Hernandez, an academic advisor in the freshman college at Angelo State University. The legal guide for making sure FERPA is followed in the field of academic advising is very important for the students and the staff. As an academic advisor you have access to student records which have to be kept private for the student’s privacy. 
Three good practices to help keep the privacy of the student safe are:
1.     Make sure the student is the correct student as they signed in before the advising session and show identification. 
2.     Make sure all applications are locked or computer is locked when leaving the desk. 
3.     Make sure you know who all authorized users are that have FERPA access before sharing any information to family. 
All academic advisors should complete the FERPA training every two years and “monitor how the students records are presented and who sees those records” to stay compliant (B. Hernandez, personal communication, March 1, 2022). If someone violates FERPA many consequences could happen. 
]]> 2022-03-03 17:43:17 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076338489 Slide #3: Professional Association mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076339578 How-to Guide for FERPA & Advisors listed on University of Central Florida website states how to properly follow FERPA guidelines while advising over the phone or video call. Following FERPA and protecting the privacy of students can be more difficult virtually. Also, it shows how students can allow their parents or family to be able to view their records. This is more important now since the pandemic and most colleges and advising sessions went virtual. https://registrar.ucf.edu/how-to-guide-for-advisors/ ]]> 2022-03-03 17:43:49 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076339578 Slide 4: Current News Article mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076348539 https://www.aum.edu/ferpa-scenarios-for-faculty-and-staff/
Auburn University of Montgomery has posted on their website different scenarios of what to do in situations that may contain students personal records that should be kept private and protected by FERPA. 
]]> 2022-03-03 17:47:59 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076348539 Slide 5: Current News Article mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076348971  
·       There are some exceptions when advising that you may think FERPA is violated but the advisor is still in compliance
·       Supreme Court states the individual student does not have the right to action under FERPA 
·       The student must make a compliant to FPCO the Family Policy Compliance Office 
·       The institution can lose funding if they do not change what is being asked that was violated 
·       There are 4 scenarios where advisors are permitted to disclose and still be in compliance with FERPA
o   Consent-Based
o   Legitimate Education Based 
o   Tax Dependent Status 
o   Health and Safety Exception 
Rust, M. M. (2014). FERPA and its implications for academic advising practice. Retrieved from the NACADA Clearinghouse of Academic Advising Resources website: 
http://www.nacada.ksu.edu/Resources/Clearinghouse/View-Articles/FERPA-overview.aspx
]]> 2022-03-03 17:48:13 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2076348971 Slide 6: Administrative Law mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080392059  The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. 
·      Parents have the right to reviews students educational records 
·      Parents are able to request copies of records if they think something may be wrong
·      These rights transfer to the student when they turn 18 or attends school after high school
 https://www.govinfo.gov/content/pkg/CFR-2013-title34-vol1/pdf/CFR-2013-title34-vol1-part99.pdf
]]> 2022-03-07 00:24:02 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080392059 Slide 7: Judicial Law mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080392677 In the Education Code “The State Board for Educator Certification must submit a written copy of each rule it proposes to adopt to the State Board of Education for review” (Tex. Educ. Code §21.042) 
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm]]> 2022-03-07 00:24:29 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080392677 Slide 8: Statutory Law mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080393367 The Americans with Disabilities Act (42 U.S.C. § 12101) states that all public schools must provide a free and complete education to all students regardless of ability. 
https://www.law.cornell.edu/uscode/text/42/12101
·      People with mental and physical disabilities are able to participate in everything.
·      This includes public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
·      It was signed in 2008, became effective on January 1, 2009
]]> 2022-03-07 00:24:49 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080393367 Slide 9: Constitutional Law mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080394071 All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services (Tex. Const. art. 1 § 3).
Tex. Const. art. 1 § 3
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#:~:text=3.,in%20consideration%20of%20public%20services.


]]> 2022-03-07 00:25:19 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080394071 Slide 10: Local Policy, FERPA https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080478082
https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20%20Virtual%20Learning%20032020_FINAL.pdf
I selected the resource that provides resources on how to keep the laws of FERPA during online services. Due to the COVID-19 pandemic many services such as academic advising went virtual and it is still important to stay FERPA compliant.


]]> 2022-03-07 01:15:29 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2080478082 Slide 11: Ethical Principle: Principle V - Fidelity mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084759379 I chose Principle V- Fidelity because according to FERPA guidelines it is important to keep students records private such as in Principle V- Fidelity it states, "We maintain confidentiality of interactions, student records, and information related to legal and private matters" (CAS, 2006). It is important to protect the students records as you are also protecting the students and following FERPA guidelines. 

https://www.cas.edu/files/CASethicsstatement.pdf?mc_cid=467ed5fe4a&mc_eid=052333efc4

Council for the Advancement of Standards. (2006). CAS professional standards for higher education (6th Ed.). Washington, DC: Author.]]> 2022-03-08 19:59:04 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084759379 Slide 12: Personal Connection mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084771874 The context of legal and ethical principles allowed me to understand the connection to my personal educational journey in many ways. As a student that attended a Title I school I did not have all the resources to think I could be successful but, we have the right to an equal opportunity in education no matter what. Also, through learning about FERPA, I connected it to my college journey as I let my mom have access to my educational records because she was helping pay for it during my freshman year. As for a future higher educational professional I have learned a lot about legal and ethical principles that I can use in academic advising. ]]> 2022-03-08 20:07:10 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084771874 Slides 13: Recommendations and Best Practices mmoreno226 https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084773241
  • As Academic Advisors, it is important to stay up to date with FERPA guidelines
  • Due to the COVID-19 pandemic, it is important to keep track of how to stay FERPA compliant through virtual advising 
  • Make sure before advising sessions start, the correct student is checked in
  • FERPA is not just because of legal reasons but also helps build trusting relationships with your students
  • Teachers also have rights, not just students
  • An education is not just about grades but also helps students live successfully in the real world
    • ]]>     2022-03-08 20:08:06 UTC https://padlet.com/mmoreno226/rdat62fpomh7jhdi/wish/2084773241