State Governing Agency: The Texas Higher Education Coordinating Board (THECB) is the governing state agency for the state of Texas to monitor, advocate, regulate and provide guidance for the states higher education landscape.

These governing agencies administer assistance in providing quality education and accountability but do have borders which allows institutions the ability to implement, assess and monitor their policies within legal boundaries.

• Protects people from unreasonable searches and seizures without a warrant or probable cause.

• Provides sense of privacy from unlawful government intrusion.

Reference:

U.S. Const. amend. IV. https://constitution.congress.gov/constitution/amendment-4/

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”).  20 U.S.C. § 1232g. (1974).

• Students over 18 years old in higher educational are protected by FERPA over their educational records.

• Academic advisors must follow this federal law and not release the academic records or information to others inquiring about a student without signed consent through a FERPA release form from the student on file.

Administrative Law:

(c) An operator may disclose covered information if a provision of federal or state law requires the operator to disclose the information. The operator must comply with the requirements of federal and state law to protect the information being disclosed. (Tex. Educ. Code § 32.153(c), 2017).

• Through the Student Privacy Act, operators of educational services within online frameworks have restrictions on how to assess the data of students.

References:

Family Educational Rights and Privacy Act of 1974. Retrieved from https://studentprivacy.ed.gov/sites/default/files/resource_document/file/An%20Eligible%20Student%20Guide%20to%20FERPA_0.pdf

Tex. Educ. Code § 32.153(c) (2017). Retrieved from https://texas.public.law/statutes/tex._educ._code_section_32.153.

Reversing in turn, the State Supreme Court acknowledged that FERPA does not give rise to a private cause of action, but reasoned that the nondisclosure provision creates a federal right enforceable under § 1983. Gonzaga University et al. v. Doe, 2002.

• This case ruled that students cannot file private lawsuits against an institution for the unauthorized release of their educational records. Students can only submit a complaint to the DOE.

• The court recognized that the context of FERPA does not create individual rights but rather the language focuses on institutions receiving funding if in compliance.

Owasso Independent School District v. Falvo:

The instant holding is limited to the narrow point that, assuming a teacher’s grade book is an education record, grades on students’ papers are not covered by the Act at least until the teacher has recorded them.

Owasso Independent School District No. I-011 v. Falvo, 2022.

• This case helped regulate what constitutes as "education records" that are protected under students rights.

• This ruling helps recognize that not all information that concerns a student is protected by FERPA.

References:

Gonzaga University et al. v. Doe, 2002. Retrieved from https://tile.loc.gov/storage-services/service/ll/usrep/usrep536/usrep536273/usrep536273.pdf

Owasso Independent School District No. I-011 v. Falvo, 534 U.S. 426 (2002). Retrieved from https://supreme.justia.com/cases/federal/us/534/426/case.pdf

The Student Privacy Policy Office (SPPO) leads the U.S. Department of Education's (Department) efforts to protect privacy. SPPO provides leadership, oversight, and coordination to ensure Department and field compliance with federal privacy laws, regulations, and policies. SPPO manages and maintains the Department's privacy program to include the enforcement of student privacy laws, the development and evaluation of privacy policy, and the management of privacy risks across the Department. (Student Private Policy, 2024).

• This office investigates the complaints made by parents or students who feel their rights under FERPA have been violated.

• This office allows FERPA policies to be developed, assisted, protected and regulated.

Reference:

Student Privacy Policy. (2024). U.S. Department of Education. https://www.ed.gov/about/ed-offices/opepd/student-privacy-policy-office

• The University of Texas at Austin protects their students privacy through this policy by following FERPA guidelines.

• This policy helps advisors follow an institutional framework to maintain student confidentiality and trust within the federal law.

References:

Student Rights Under the Family Educational Rights and Privacy Act. (2016). University of Texas at Austin. University Policy Office. https://secure2.compliancebridge.com/utexas/public/getdoc.php?file=9-1610

• To avoid this all too common FERPA violation, it is essential for educational institutions to implement strict access controls, including role-based permissions and multi-factor authentication (Spencer, 2025).

• Managing this risk is important so limited exposure to educational records is accessible to those who need access, like advisors, and reduces the risk of unauthorized disclosure.

2. Improper Educational Records Disposal

• To avoid this FERPA violation, educational organizations must implement thorough records management and disposal policies (Spencer, 2025).

• Managing this risk is important to avoid unauthorized access to educational records by shredding or data-wiping electronics to securely rid of documents.

3. Lack of Data Protection

• To avoid this FERPA violation, educational institutions must invest in robust cybersecurity frameworks that align with FERPA standards and best practices (Spencer, 2025).

• Managing this risk is important so proper security protocols can be put in place to ensure protection over students information.

Reference:

Spencer, Patrick. (2025). Top 3 FERPA Violations and How to Avoid Them. Kiteworks. https://www.kiteworks.com/regulatory-compliance/top-ferpa-violations/#:~:text=Violating%20FERPA%20can%20lead%20to,%2C%20parents%2C%20and%20the%20community.

Maintain confidentiality (compliance with FERPA) (Landon, 2012).

This compliance is made to help advisors follow federal law that was made to protect students from the disclosure of their educational records to unauthorized individuals. This also helps align where our ethical responsibilities are to maintain our students right and protect the integrity of our institution.

Reference:

Landon, Paula. (2012). Advising tthics and decisions. NACADA.https://nacada.ksu.edu/Resources/Clearinghouse/View-Articles/Ethics-and-decisions.aspx

Reference:

Minnix, John. (2025). FERPA Compliance Checklist: The Ultimate Guide to FERPA. Bright Defense. https://www.brightdefense.com/blog/ferpa-compliance-checklist/

‌

Family Educational Rights and Privacy Act of 1974. Retrieved from https://studentprivacy.ed.gov/sites/default/files/resource_document/file/An%20Eligible%20Student%20Guide%20to%20FERPA_0.pdf

Gonzaga University et al. v. Doe, 536 U.S. 273 (2002). Retrieved from https://tile.loc.gov/storage-services/service/ll/usrep/usrep536/usrep536273/usrep536273.pdf

Landon, Paula. (2012). Advising tthics and decisions. NACADA. https://nacada.ksu.edu/Resources/Clearinghouse/View-Articles/Ethics-and-decisions.aspx

Minnix, John. (2025). FERPA Compliance Checklist: The Ultimate Guide to FERPA. Bright Defense. https://www.brightdefense.com/blog/ferpa-compliance-checklist/

Owasso Independent School District No. I-011 v. Falvo, 534 U.S. 426 (2002). Retrieved from https://supreme.justia.com/cases/federal/us/534/426/case.pdf

Spencer, Patrick. (2025). Top 3 FERPA Violations and How to Avoid Them. Kiteworks. https://www.kiteworks.com/regulatory-compliance/top-ferpaviolations/#:~:text=Violating%20FERPA%20can%20lead%20to,%2C%20parents%2C%20and%20the%20community.

Student Privacy Policy. (2024). U.S. Department of Education. https://www.ed.gov/about/ed-offices/opepd/student-privacy-policy-office

Student Rights Under the Family Educational Rights and Privacy Act. (2016). University of Texas at Austin. University Policy Office. https://secure2.compliancebridge.com/utexas/public/getdoc.php?file=9-1610

Tex. Const. art. I, § 9. Retrieved from

https://tlc.texas.gov/docs/legref/TxConst.pdf

Tex. Educ. Code § 32.153(c) (2017). Retrieved from https://texas.public.law/statutes/tex._educ._code_section_32.153.

U.S. Const. amend. IV. Retrieved from https://constitution.congress.gov/constitution/amendment-4/

• Our Bill of Rights are protected and remain within the state of Texas.

• The crossover from this constitutional law into confidentiality in academic advising begins with the right people have to privacy from governing bodies.

Reference:

Tex. Const. art. I, § 9 

https://tlc.texas.gov/docs/legref/TxConst.pdf