Confidentiality of Student Records for Academic Advisors in Higher Education by Hannah Campbell https://padlet.com/hcampbell81/wnu6fnj57vsg Hannah Campbell en-us 2019-10-05 14:26:26 UTC 2026-01-19 14:29:53 UTC hello@padlet.com Slide #1 Professional Perspective hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393924948 Understanding legal components regarding student confidentiality of educational records is vital in academic advising careers in higher education. As a student seeking a profession in academic advising, it is important for me to understand and comply with legal and ethical standards relating to confidentiality of student records in higher education. 
The purpose of this legal guide padlet is to inform current and future college academic advisors of the legal and ethical principles relating to student confidentiality. This padlet covers current laws, local policies, and best practices for academic advisors regarding student confidentiality of educational records. 
I chose this topic because I am working towards a career in academic advising. Through this project, I am learning how to ensure I comply with laws and best practices relating to this topic. ]]> 2019-10-05 14:30:34 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393924948 Slide #2 Interview hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927031 To further understand this topic, I interviewed Joel Jackson, an academic advisor at the University of North Texas, who is also the President of the University Counselor Advisor Network at UNT. Jackson provided his experience in complying with student privacy laws (J. Jackson, personal communication, September 19, 2019).

Why Student Confidentiality is Important for Academic Advisors in Higher Education

Jackson explained that when a student turns 18, they have a right to confidentiality of their educational records at their college of attendance. Jackson discussed that advisors must ensure confidentiality of student records every day (J. Jackson, personal communication, September 19, 2019). He emphasized that advisors can violate the statutory law, Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), if advisors do not work to protect student confidentiality. Jackson explained that it is crucial for advisors to listen to students' requests in order to maintain upmost integrity and confidentiality (J. Jackson, personal communication, September 19, 2019). 

Best Practices

Jackson provided a scenario, in which, he needed to ask the parents to step outside of the room due to the student's request to not allow the parents to view their records (J. Jackson, personal communication, September 19, 2019). 
In the interview, I concluded the following best practices:
  • Apply social etiquette procedures when confronted with asking someone to leave the room for confidentiality purposes. 
  • Advisors should listen to students: listen to what students say, but also other communication cues, such as facial expressions and body language, to ensure advisors understand what the students ask.
  • Communicate with the student directly: do not discuss students' specific information to other third parties.

Emerging Issues

New technologies present information security problems relating to student confidentiality. Educational records are now primarily accessed through online databases.
With new technology, there is a greater possibility of security breaches, which could potentially release student educational records to third parties without the consent of the student. Professionals work to ensure security within the programs maintaining students' educational records.

Reference:
(J. Jackson, personal communication, September 19, 2019). 
]]> 2019-10-05 14:39:52 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927031 Slide #3 Professional Association - National Academic Advising Association hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927075 The National Academic Advising Association (NACADA) provides a guide relating to the Family Rights and Privacy Act (FERPA) for academic advisors (20 U.S.C. § 1232g). This guide informs advisors in higher education on the specifics of FERPA, students' rights according to FERPA, and proper information disclosing procedures (Rust, 2014).
This guide provides a reliable source to further understand the statutory law of FERPA and the federal regulations implementing FERPA (Rust, 2014).

This guide is a reliable source for academic advisors to apply best practices and to ensure compliance with laws regarding student confidentiality (Rust, 2014).

Reference:
Rust, M. (2014). FERPA and its implications for academic advising practice. Retrieved from the NACADA Clearinghouse of Academic Advising Resources. Retreived from https://nacada.ksu.edu/Resources/Clearinghouse/View-Articles/FERPA-overview.aspx]]> 2019-10-05 14:40:09 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927075 Slide #4 Current News hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927185
  • This article discusses a program called, Handshake, which connects student to future employers (Straumsheim, 2017).
  • Students noticed that the program was sending the students' GPA and grades to future employers without knowledge of consent (Straumsheim, 2017).
  • The author explained that, upon creating an account, students agreed to the terms and conditions, which gives consent for Handshake to send grades and GPA to future employers (Straumsheim, 2017).
  • The author discusses that students can disable this feature in their account settings (Straumsheim, 2017).
  • This articles raises awareness for new technologies possibly violating student privacy laws (Straumsheim, 2017).

    • Reference:
    Straumsheim, C. (2017, Mar., 30). Handshake deal. Inside Higher Ed. Retrived from https://www.insidehighered.com/news/2017/03/30/career-services-platform-handshake-sees-quick-growth-also-questions-about-data
    ]]>     2019-10-05 14:40:28 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927185     Slide #5 Current News hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927243
  • This article discusses new technologies which may violate student privacy laws (McKenzie, 2018). 
  • The author discusses that students are using Alexa, a virtual assistant who can receive voice commands (McKenzie, 2018). 
  • The use of Alexa allows for the possible breach in student privacy, including the release of student schedules and students' grades or GPA (McKenzie, 2018). 
  • This article brings awareness to privacy concerns regarding the use of Alexa in university settings (McKenzie, 2018). 

    • Reference:
    McKenzie, L. (2018, Aug., 22). Alexa, what's the deal with you, anyway? Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2018/08/22/meet-new-kid-campus-alexa
    ]]>     2019-10-05 14:40:47 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927243     Slide #6 U.S. Const. Amend. I - Constitutional Law hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927289
    The First Amendment of the U.S. Constitutions (U.S. Const. Amend. I) protects U.S. citizens in 
    • Freedom of speech
    • Freedom of assembly
    • Freedom of religion
    • Freedom to petition
    • Freedom of the press 
    This amendment declares that students have a right to freedom of speech and petition, relating to student confidentiality (U.S. Const. Amend. I).

    Reference:
    U.S. Const. Amend. I
    https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-i
    ]]>     2019-10-05 14:41:04 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927289     Slide #7 The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) - Statutory Law hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927406
  • FERPA protects the rights of students and their parents regarding the handling of the students’ education records. 
  • FERPA determines the policies regarding student confidentiality. 
  • In higher education, students have the right to view and request amends to their educational records. 
  • Students also have the right to determine who views the records outside of school.
  • Students must give written consent to allow parents to view their records (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g). 

    • Reference:
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) https://uscode.house.gov/view.xhtml?req=family+education+and+privacy+rights&f=treesort&fq=true&num=21&hl=true&edition=prelim&granuleId=USC-prelim-title20-section1232g
    ]]>     2019-10-05 14:41:36 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927406     Slide #8 Gonzaga University v. John Doe 536 U.S. 273 (2002) - Judicial Law hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927437
  • Gonzaga University is a private institution. 
  • In this Supreme Court case, a student was kept from receiving an affidavit required for his graduation to become a teacher after another staff member alleges the student committed an act of sexual misconduct. 
  • This student sued Gonzaga University stating it violated his FERPA rights. 
  • The Supreme Court decided that FERPA does not create personal rights to apply under 42 U.S.C. § 1983. 
  • This case identifies that FERPA is a federal statute applying to public educational institutions receiving government funding. 

    • Reference:
    Gonzaga University v. John Doe 536 U.S. 273 (2002)
    http://cdn.loc.gov/service/ll/usrep/usrep536/usrep536273/usrep536273.pdf
    ]]>     2019-10-05 14:41:47 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927437     Slide #9 Administrative Law hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927484
  • Federal regulations implementing FERPA (34 C.F.R. § 99) 
    • The federal regulations relating to FERPA directly affect how the university applies the Family Education Rights and Privacy Act, relating to student confidentiality (34 C.F.R. § 99).
    • The federal regulations provide information regarding a student and family’s rights given to them under FERPA, as well as, guidelines on how a student can view and amend their education records, and who is allowed to view a student’s information (34 C.F.R. § 99). 
    1. Operation of Education Research Centers (19 TAC § 1.18)
    • This administrative law refers to student confidentiality in the functioning of Education Research Centers (ERCs) (19 TAC § 1.18).
    • The law states that ERC's must comply with FERPA (19 TAC § 1.18).
    • ERC's can give researchers secured access to information, as long as the researcher agrees to comply with current privacy policies (19 TAC § 1.18).
    • It also states that the Commissioner in Higher Education must set up an advisory board to ensure protection of information confidentiality (19 TAC § 1.18).

    References:
    Federal regulations implementing FERPA (34 C.F.R. § 99)
    https://www.ecfr.gov/cgi-bin/text-idx?SID=edd0d9bb95e4e0326f74bb13288b46e0&mc=true&node=pt34.1.99&rgn=div5

    Operation of Education Research Centers (19 TAC § 1.18)
    https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=1&ch=1&rl=18

    ]]>     2019-10-05 14:41:58 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927484     Slide #10 Local Administrative Policy hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927571 UNT Information Security 14.002

    This policy requires that UNT protects the confidentiality and integrity of information of students faculty, staff, and other personnel (University of North Texas, 1991). This policy states risk management procedures relating to securing the confidentiality of information (University of North Texas, 1991). 

    Reference:
    University of North Texas. (1991, Aug. 1). Policies of the University of North Texas, Information Security, 14.002. Retrieved from https://policy.unt.edu/sites/default/files/14.002_InformationSecurity_2015.pdf
    ]]>     2019-10-05 14:42:24 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927571     Slide #11 Ethical Principle hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927771  "1.5 Maintain current, accurate knowledge of all regulations related to privacy of student records and electronic transmission of records and update knowledge of privacy legislation on a regular basis" (American College Personnel Association, 2019, p. 2).

    This ethical standard requires that professionals comply with current privacy policies regarding student confidentiality. This standard also states that professionals must stay up to date with changes and amends to current privacy laws.

    Reference:
    American College Personnel Association. (2019). Statement of ethical principles & standards. Retrieved from http://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf]]>     2019-10-05 14:43:16 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927771     Slide #12 Non-Law Source -FERPA Clear and Simple: The College Professionals Guide to Compliance by Clifford A. Ramirez hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927865 This book illustrates the specific details relating to FERPA (20 U.S.C. § 1232g), and how professionals in higher education can ensure they comply with the statutory law of FERPA, and the federal regulations regarding FERPA (34 C.F.R. § 99). This book also discusses the changes to FERPA since 2008, and informs readers of the privacy rights in higher education (Ramirez, 2009). This source is important for academic advisors to further understand the components of student confidentiality laws in higher education, as well as, how to ensure advisors are complying with each specific requirement of FERPA (20 U.S.C. § 1232g). The author provides a detailed, informative guide for higher education professionals (Ramirez, 2009).

    Reference:
    Ramirez, C. (2009). FERPA clear and simple: The college professional's guide to compliance. John Wiley & Sons. ]]>     2019-10-05 14:43:42 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927865     Slide #13 Best Practices for Compliance hcampbell81 https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927921 Based on the current laws, ethical standards,  and professional perspectives related to the confidentiality of students' educational records, academic advisors can follow these best practices for compliance:
    • Remain knowledgeable on federal and state laws and regulations relating to students' rights to privacy of educational records.
    • Remain knowledgeable on the university's local policy on student privacy of records.
    • Remain knowledgeable on emerging issues regarding student confidentiality.
    • Listen to students when discussing their educational records. 
    • Communicate with students directly about their education records.
    • Maintain confidentiality: Do not share students' educational records to other third parties, unless the student provides written consent. 
    • Use social etiquette when asking a person to step away or out of the room for student confidentiality purposes. 
    • Maintain integrity to ensure compliance with current policies.
     
    ]]>     2019-10-05 14:44:03 UTC https://padlet.com/hcampbell81/wnu6fnj57vsg/wish/393927921