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. 

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/  

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
 

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/
 

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).

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

“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

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).

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

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

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

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
 

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/

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