NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP

NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP

Ethical /Legal Issue
Family Education Rights and Privacy Act (FERPA)

NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP
Over the years, clinical instructors have violated this act by sharing their students’ performance or other information with third parties such as employers without their written consent.
This practice is a significant violation of nurse education ethics to uphold privacy (Cole, 2021).
However, there is a significant violation of FERPA by nurse educators.

What is FERPA?
The Family Educational Rights and Privacy Act (FERPA) is a federal regulation that allows parents the right to access their children’s education records, have them amended, and the right to control personally identifiable information from those educational records (Paolini, 2021).
However, when the student becomes an adult or turns eighteen, the FERPA rights transfer to them (eligible students).
The FERPA law applies to schools that receive funds under applicable programs of the U.S. Department of Education.

What is FERPA? Cont’d

NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP


Parents or eligible students can inspect and review students’ educational records that schools maintain.
Under this federal law, schools cannot provide copies of students’ records, unless in the cases of long distances, or the impossibility of parents and eligible students to review students’ records (Hodder, 2021).
The law states that if schools must share information from the students’ education records to third parties, they must obtain written permission from the eligible student or parent.

What is FERPA? Cont’d
However, under FERPA, schools can disclose student information to some parties, including school officials with legitimate academic interest, schools to which a student seeks to transfer, audit officials, accrediting organizations, student sponsors, among others (Rainsberger, 2019).
Also, schools can disclose students’ directory information.
However, before this disclosure, schools must inform students that they are sharing this information, and allow them time to prevent the school form disclosing their directory information.
Other parties schools can share students academic records include officials in cases of safety emergencies and health, local and State authorities with accordance to specific State law, and for compliance with a court order or lawfully issued subpoena.
The main purpose of the FERPA is to protect students’ and family privacy on account of students’ education information records.
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Access to Students’ Records
While FERPA prohibits institutions and officials from accessing and sharing student records, it makes some exceptions.
For instance, it allows university and college officials to access and use student records for authentic academic reasons (Rainsberger, 2019).
Beside this, no other organization or individual can review a student’s academic records without the students permission expressed in writing.

The university officials who may access students’ records with permission include:
Persons in university or institution official position
Temporary substitutes for faculty members
Federal and state agencies listed in the FERPA act, and
Parnets or legal guardians to the student.
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Access to Students’ Records Cont’d
Access to student’s records by individuals apart from the student of their parents or guardian is issued only on the basis of “need to know.”
However, these individuals must have a legitimate academic interest.
Hence, in nurse education, officials may access information that allow the, to perform their roles (Ringrose, 2018).
However, they cannot access student information that is not necessary for their role.
Otherwise, accessing student information for illegitimate reasons is prohibited.

Consequences of Violating FERPA
The Consequences of violating the FERPA law under federal regulations are serious.
They include:
Possible prosecution under criminal law.
Temporary suspension of access.
Termination or dismissal.
Institution loss of federal funding.
Indeed, violating the FERPA law is a grave mistake under the federal law.
It is a crime punishable by the federal law.
It affects organizations and individuals who violate the law.
The extreme consequence is losing a job and an institution losing federal funding.
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Consequences of Violating FERPA Cont’d
Considering these consequences, it is significantly vital for institutions and academic stakeholders, especially instructors and school management to uphold the FERPA regulation.
However, many people do not understand the law, its application, and consequences.
This situation makes them violate the law unintentionally, which is illegal nonetheless.
Therefore, there is a significant need to train staff and make significant communication concerning FERPA (Garner, 2018).

Nurse Educators’ Role in Upholding FERPA
Indeed, nurse educators must understand privacy of educational records issues.
It is vital for nurse educators to keep personal information related to their nurse students and parents confidential (Hodder, 2021).
Nevertheless, schools and school authorities need to access these records to make academic decisions.
The state may also need this information for academic quality and education strategies issues.
It is vital for nurses and nurse educators to understand the law and what it says about educational records.
When they have this understanding, they cannot violate FERPA law, keeping them on the safer side of the law.
If they must share this information with individuals like potential employers, they must obtain written permission from the student.
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How Nurse Educators can Become Nurse Compliant
Nurse educators could comply to FERPA through:
Revisiting FERPA with students every year to inform them about their rights (Parsons, 2019), and
Obtaining student’s written permission before sharing their educational information.

In a nursing setting, a nurse educator cannot share their student’s academic information with third parties.
This information include discussing a student’s performance with potential employers who want to know more about the student.
However, with the student’s written consent, the nurse educator can share this information with the party the student authorizes.

NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP


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FERPA Resources
Various resources contain information about FERPA, and nurses and nurse educators can access them for reference. They include:
Policies like:
Family Policy Compliance Office – U.S. Department of Education

Electronic Code of Federal Regulations – full text of FERPA

UC Policy 130: Policies Applying to the Disclosure of Information from Student Records

UCSB Policy: Disclosure of Information from Student Records

FERPA Training For Nurse Educators
Indeed, there is a significant need for continuous training to nurses and nurse educators about FERPA.
Nursing institutions and teaching facilities must hold constant conferences to sensitize nurses and nurse educators about FERPA.
Also, publications could be highly significant in addressing this training.
Nursing institutions must publish pamphlets and periodicals with information on FERPA and issue them to nurses and nurse educators.
Nursing schools must also publish posters on FERPA and place them strategically for students’ access.
FERPA regulations also govern nurse educators.
Hence, nurse educators must understand and uphold them in relation to their students’ educational records.
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Summary
FERPA is a federal regulation that allows parents and students the right to access their education records.
Parents or eligible students can inspect and review students’ educational records that schools maintain.
FERPA prohibits school officials from accessing or sharing students’ educational records without their written permission.
Nurse educators are also governed by FERPA, and they must not share their students’ educational information without their consent.
However, FERPA allows universities to share students information to individuals with a legitimate educational purpose.

NURS FPX 6103 Teaching About Legal and Ethical Issues Assessment 5 KP

Context
The presentation has the cultural aspect of the family.
Indeed, FERPA seeks to protect family privacy on account of student’s educational records (Cole, 2021)..
The Family is, therefore, relevant in the learning process of this presentation’s content.
Learners must envision the family as a unit, and an eligible students as a unit in the family.

Context Cont’d
This presentation can bring significant change in the nurse education discipline.
Indeed, many nurse educators have been sharing their students’ educational information with potential employers, thinking that they are doing good by recommending them to potential employers without the students’ consent (Cole, 2021)..
However, this presentation indicates that it is illegal to do that.
It also informs students that they must give consent for their educators to share their educational information.
Therefore, for the fear of legal actions, nurse educators will stop sharing student information without their consent.

Context Cont’d
Various sources could apply in keeping me informed about FERPA.
To update myself on this legal requirement, I can access various resources on legal requirements on disclosure of student information, US polices, and the FERPA act amendments.
Also, I could access updated information about FERPA from the Family Policy Compliance Office.

References


Cole, J. P. (2021). The Family Educational Rights and Privacy Act (FERPA): Legal Issues. CRS Report R46799, Version 1. Congressional Research Service. https://eric.ed.gov/?id=ED614263
Garner, W. (2018, June). FERPA, HIPAA, and Other Privacy Concerns in Online Education. In EdMedia+ Innovate Learning (pp. 519-523). Association for the Advancement of Computing in Education (AACE). https://www.learntechlib.org/p/184239/
Hodder, L. C. (2021). FERPA/HIPAA/Part 2 Summaries and Application. https://scholars.unh.edu/cgi/viewcontent.cgi?article=1062&context=ihpp
Paolini, M. L. (2021). Student Attitudes Towards Parent Involvement and Family Educational Rights and Privacy Act of 1974 (Doctoral dissertation, North Dakota State University). https://search.proquest.com/openview/98943a4825ab48a6196ba1b13dde34dc/1?pq-origsite=gscholar&cbl=18750&diss=y 

References Cont’d


Parsons, S. (2019). Qualitative Study of Faculty Experiences with Social Media and FERPA (Doctoral dissertation, Capella University). https://search.proquest.com/openview/7054dc435424290f08fa4815a609eae8/1?pq-origsite=gscholar&cbl=18750&diss=y
Rainsberger, R. (2019). Understand ‘legitimate educational interest’under FERPA. Disability Compliance for Higher Education, 24(9), 7-7. https://onlinelibrary.wiley.com/doi/abs/10.1002/dhe.30618
Ringrose, K. (2018). Data Collection in Schools: Privacy Implications for K-12 Students under a Weakened FERPA. Dartmouth LJ, 16, 130. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/dcujl16&section=12

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