As we embark on the exploration of higher education policy and law, one specific legal issue in higher education that captivates my interest is the realm of FERPA violations.
As we embark on the exploration of higher education policy and law, one specific legal issue in higher education that captivates my interest is the realm of FERPA violations. The Family Educational Rights and Privacy Act (FERPA) serves as a crucial safeguard for students’ privacy rights, delineating how educational institutions handle and disclose college students’ educational records. Delving deeper into FERPA and its implications is paramount for me as it intersects with my concerns about privacy, information security, and the ethical treatment of student data as a graduate student myself.
FERPA establishes a framework that governs the release and access to educational records, ensuring that students maintain control over their personal information. The nuanced nature of FERPA, with its intricate web of regulations and exceptions, raises questions about how institutions navigate the delicate balance between transparency, accountability, and privacy. Learning more about FERPA violations will provide insights into the potential challenges faced by educational institutions in upholding these standards and the legal consequences associated with non-compliance. According to (Gilley & Gilley, 2006), FERPA is a federal privacy law that demands compliance, yet personnel may violate the law due to their lack of understanding of its tenets (p.17).
This topic is particularly important to me due to the increasing reliance on technology and digital platforms in higher education. As educational institutions leverage data-driven tools for administrative and academic purposes, the risk of inadvertent or intentional FERPA violations becomes more pronounced. Understanding the intricacies of FERPA in the context of evolving technologies is essential for ensuring that students’ sensitive information is handled responsibly and ethically. According to (Rainsberger, 2021), if a FERPA violation occurs in a college or university, Administrators should get the facts, be quick about investigating, and not sit on the violation; be transparent. Internally inform the alleged offender, immediate superior, and Human Resources. Contact the student(s) involved personally; offer an “open door” for future contact and provide rehabilitative FERPA training for the offender.
References:
Gilley, A., & Gilley, J. W. (2006). FERPA: What do Faculty Know? What Can Universities do? College and University, 82(1), 17–26.
Rainsberger, R. (2021). What happens when someone violates FERPA. Campus Legal Advisor, 22(3), 3–3. https://doi.org/10.1002/cala.40642
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