Legal and Ethical Application by Michael Lowe

#1 My Professional Perspective

mlowe5_3 — 2025-02-14 20:45:43 UTC

I'm an educator and aspiring school counselor. My focus is on supporting students in three main aspects: academically, socially, and emotionally.
This guide is for school counselors, educators, and administrators who need to understand FERPA.
FERPA protects student education records and controls who can access them. As a future school counselor, I will handle sensitive information. It’s important I understand these privacy laws.
FERPA affects how school counselors communicate with students, parents, and teachers. Misunderstanding FERPA can lead to privacy violations.

#2 Governing Agency

mlowe5_3 — 2025-02-14 20:56:47 UTC

FERPA is enforced by the U.S. Department of Education’s Family Policy Compliance Office (FPCO). This office ensures schools follow privacy laws.
Each state may have additional privacy laws but they can't interfere or override FERPA.
Texas Education Agency (TEA) oversees compliance in Texas schools.
Schools must train staff on FERPA. Violations can lead to the loss of federal funding.

#3 Federal & State Constitutional Laws

mlowe5_3 — 2025-02-17 20:48:41 UTC

Federal Law: FERPA (20 U.S.C. § 1232g; 34 CFR Part 99)

Protects student education records.

Gives parents rights to access records until the student turns 18.
Limits when schools can share records without consent.
Full link: FERPA Law
Citation: U.S. Code. (2017). 20 U.S.C. § 1232g - Family Educational Rights and Privacy Act (FERPA). Retrieved from https://www.govinfo.gov/app/details/USCODE-2017-title20/USCODE-2017-title20-chap31-subchapIII-part4-sec1232g

State Law (Texas): Texas Public Information Act (Texas Gov’t Code, Chapter 552)

Ensures public access to records but protects student information.
Aligns with FERPA by limiting disclosure.
Full link: Texas PIA
Citation: Texas Government Code. (n.d.). Chapter 552. Public information. Retrieved from https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

#4 Statute & Administrative Law

mlowe5_3 — 2025-02-17 20:59:36 UTC

Statute: Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h)

Prevents schools from collecting certain personal information from students without parental consent.
Supports FERPA by reinforcing privacy protections.
Full text: PPRA Law
Citation: U.S. Department of Education. (n.d.). Protection of Pupil Rights Amendment (PPRA). Retrieved from http://studentprivacy.ed.gov/content/ppra

Administrative Law: 34 CFR Part 99 (FERPA regulations)

Provides details on how schools must apply FERPA.
Defines terms like "educational records" and "directory information."
Full text: FERPA Regulations
Citation: Electronic Code of Federal Regulations. (n.d.). 34 C.F.R. Part 99 – Family Educational Rights and Privacy. Retrieved from https://www.ecfr.gov/current/title-34/subtitle-A/part-99
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#5 Common or Case Laws

mlowe5_3 — 2025-02-21 17:08:19 UTC

Gonzaga University v. Doe (2002)

Supreme Court ruled that FERPA does not allow students to sue schools for violations.
Schools can lose federal funding, but individuals cannot file lawsuits under FERPA.
Full case text: https://supreme.justia.com/cases/federal/us/536/273/
Citation: Gonzaga Univ. v. Doe, 536 U.S. 273 (2002). Retrieved from https://supreme.justia.com/cases/federal/us/536/273/

Owasso Independent School District v. Falvo (2002)

Court ruled that students grading each other's work does not violate FERPA.
Clarified what counts as an “educational record.”
Full case text: Owasso v. Falvo
Citation: Owasso Independent School District No. I-011 v. Falvo, 536 U.S. 273 (2002). Retrieved from https://supreme.justia.com/cases/federal/us/536/273/

#6 Federal Regulation or Mandate

mlowe5_3 — 2025-02-21 17:12:13 UTC

FERPA Regulations (34 CFR Part 99)

Schools must protect student records and limit disclosures.
Parents/students have the right to request corrections to inaccurate records.
Schools can release “directory information” unless parents opt out.
Full text: FERPA Regulations
Citation: U.S. Department of Education. (n.d.). What is FERPA? Retrieved from http://studentprivacy.ed.gov/faq/what-ferpa

#7 Local Administrative Law/Policy/Rule

mlowe5_3 — 2025-02-21 17:13:59 UTC

Example: Texas School District Student Records Policy

School districts must train staff on FERPA.
Schools cannot release student records without written permission.
Counselors must follow district policies for sharing information with parents.
Example Policy: Texas ISD Policy Guide

https://tea.texas.gov/texas-schools/health-safety-discipline/chapter-37-safe-schools/chapter-37-safe-schools-resources

Citation: Texas Education Agency. (n.d.). Chapter 37 safe schools resources. Retrieved from https://tea.texas.gov/texas-schools/health-safety-discipline/chapter-37-safe-schools/chapter-37-safe-schools-resources

#8 Risk Management Strategies

mlowe5_3 — 2025-02-21 17:23:03 UTC

Confidentiality Training
- Counselors should receive regular FERPA training.
- Helps prevent accidental disclosures.
Secure Record-Keeping
- Paper and digital student records should be stored securely.
- Use password-protected systems for student data.
Parental & Student Rights Awareness
- Schools must inform parents and students about FERPA rights.
- Provide clear opt-out options for directory information.

(Source: U.S. Department of Education, 2023)

#9 Ethical Principle

mlowe5_3 — 2025-02-21 18:59:25 UTC

Ethical Code: ASCA Ethical Standards (A.2.a)

School counselors protect student confidentiality unless there is a risk of harm.
FERPA aligns with this by controlling access to student records.
Full ASCA Code: FERPA Guidance for Eligible Students. https://www.ed.gov/media/document/eligible-studentspdf-102019.pdf
Citation: U.S. Department of Education. (2019). Eligible students under the Family Educational Rights and Privacy Act (FERPA). Retrieved from https://www.ed.gov/media/document/eligible-studentspdf-102019.pdf

#10 Personal Connection to the Legal and Ethical Standards

mlowe5_3 — 2025-02-25 16:47:40 UTC

FERPA is important because school counselors work with sensitive student information.
Understanding FERPA helps counselors balance confidentiality with legal obligations to parents.
Learning about FERPA has reinforced my commitment to protecting student privacy while following legal guidelines.

#11 Recommendations / Best Practices for Compliance

mlowe5_3 — 2025-02-25 16:51:25 UTC

Train school staff on FERPA annually to prevent violations.
Use secure record-keeping systems to protect student data.
Limit information sharing to only those with a legal right to access records.
Provide clear FERPA notices to parents and students every school year.
Obtain written consent before sharing student records, except in emergencies.
Monitor district policies to ensure they align with FERPA regulations.
Encourage open communication with parents while respecting student confidentiality.
Stay updated on FERPA changes by following U.S. Department of Education updates.