The Family Educational Rights and Privacy Act’s Role Essay

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Introduction

Social workers declare their confidence in the profession’s core values, including the worth, dignity, and individuality of all people. In instances involving the school social worker and confidentially, this position statement gives basic principles to govern conduct and the rational judgment of conduct. Further, the law and ethics supplement the other when it comes to privacy. Law protects the client’s interests from someone who does not act with integrity; ethics ensure that the institutional consciousness will look beyond the law and respond to responsibilities, whether or not they are protected by law. As a result, federal legislation and policies dictate the obligation to keep information private. School social workers are careful with the information they collect in professional contacts and respect the privacy of the persons they assist. It is important to acknowledge that privacy is a basic human right that limits access to confidential information. To succeed in education, one must first understand the value of safeguarding student records. The best technique for preventing data from unauthorized parties is to over-prepare for any incident or breach. Federal and state regulations govern student privacy, and there are ethical and legal restrictions on the acquisition, usage, distribution, and management of this information. Our students are placing their confidence in institutions to enact these policies and practices, and it is the job and moral obligation of these institutions to ensure this. So this is an important issue to families with school children. I am unsure if I would posit it as a macro societal issue. Unless you are able to posit this issue as a macro issue (with expert sources). For example, do you find that impoverished children or Black children have their FERPA rights violated? This then would make this issue a macro issue of discrimination in a major societal institution.

Therefore, for students’ best interests, the Family Educational Rights and Privacy Act (FERPA) was enacted into law giving parents and students a right to access students’ education records, a right of seeking the amendment of inaccurate records and a right to consent over disclosing of student’s education records (Feder, 2013). Students’ education records are any information directly linked to students and is kept by a learning institution, education agency or party on behalf of a school. These records are assessments, certificates, classroom lists, student course schedules, clinical information, student financial data, and student discipline documents (Sayer, 2005). These records are recorded in several ways, such as handwriting, emails, and computer media files. Therefore, this paper is an in-depth description of the Family Educational Rights and Privacy Act (FERPA) regarding the social problem of students’ educational records confidentiality and students’ rights from a macro perspective. FERPA is a family mezzo issue, but not a macro societal issue, though I am intrigued. Be clear that your paper should integrate the content we have read and discussed in class, and its relevance to social work.

Title of the Policy: Family Educational Rights and Privacy Act (FERPA)

Legislative History of FERPA

The legislative history of FERPA dates back to 21st August 1974 when it was signed into law by the then-sitting president, Gerald Ford (Shurden & Shurden, 2010). However, it is important to understand that the traditional legislative history of this policy was originally enacted is not available. The reasons behind this are that FERPA was initially an amendment to the Senate floor on a bill to extend an existing act called the 1965 Elementary and Secondary Education Act. This policy was not a considerable subject to the committee. The policy up to date is commonly known as the “Buckley Amendment”, named after its sponsor, the senator of New York, James Buckley. Citation needed.

The principal sponsor Senator Buckley and his counterpart, senator Pell were sponsors of the major policy amendments enacted on the 31st December 1974 (Fuller, 2017). The core purpose that led to these amendments was to address several concerns and ambiguities that the educational community consisting of student’s institutions and parents had identified. As a result, the pioneers of this policy, Senator Buckley and Pell, on 13th December 1974 introduced the “Joint Statement in Explanation of Buckley/Pell Amendment” that was the main source of legislative history for the policy’s amendment. Through the joint statement, the senators had emphasized more on the parents need to have access to student education records information to the interests of their children. Citation needed.

Description of FERPA

FERPA Intended Work

FERPA was enacted into law to serve as a main purpose that grant students above 18-year-old and parents access information on the student’s records. The other intended purpose of this policy is to protect information on the student’s records from being accessed by third parties without parents’ approval (Shurden & Shurden, 2010). FERPA applies to all educational institutions in the United States funded by the federal government, such as all public schools and a majority of private learning institutions. In access to the education records, FERPA allows eligible students and parents to review and inspect students’ education records. Additionally, the eligible parties may schedule hearings to ascertain that education records are accurate and not misleading as they will violate students’ privacy and rights (von Feigenblatt et al., 2015).

On the other hand, on the second purpose of disclosure of the education record, FERPA ensures that students’ education records are not disclosed (Feder, 2013). To ensure schools do not disclose these records, the federal government may hold funds for any school that violates this law. FERPA ensures that educational records can only be disclosed with the consent of adult students or parents and any other expiation that the law allows. Lastly, due to FERPA, learning institutions can now cite it to deny journalists requests of accessing education records even if they have no meaning or have little meaning to the student’s educational life. Marlene, quote the exact language in the policy.

FERPA to the Social Problem

It is evident that FERPA addresses the privacy and educational rights of students. Privacy is a social problem, and its solution is ensuring individuals sensitive personal information in a manner that can benefit the subjects of the information (Nissenbaum, 2020). As a result, this policy was signed into law to ensure that students’ privacy and education rights are protected. Therefore, FERPA protects students’ educational records confidentially in addressing social problems. Citation?

This social problem is addressed in the following manner. A social worker ensures an informed consent from eligible students and parents is used in deciding to disclose a students’ education record. The social worker makes the student or the parent understand what they are giving consent to, who they are giving consent to, and the purposes of the disclosed information. Additionally, the social worker responsible gives the student or parent any assurances on limiting the use of the information or any further dissemination of the student’s records. Further, this social problem is addressed by the policy and the social worker by ensuring there is a negotiation between the eligible parties and the social worker. In such a negotiation, it’s the responsibility of the social worker to inform the eligible persons to limit the privacy of the information and allow a discussion of set ground rules regarding information sharing with the learning institution, parents, and any other agencies. When outside authorities request information, the guidelines state that the request must be in writing. Second, the requested information and the reasons for it must be specified in the request. Third, the eligible persons must be notified of the request, and their approval for dissemination must be acquired. Finally, the institution disclosing the information must include a declaration of regulations that the receiving party must observe to protect the materials confidentially. Citations are always needed.

Individuals, Institutions Covered by FERPA and the Inclusion Criteria

Family Educational Rights and Privacy Act (FERPA) covers institutions and individuals. Institutions that this policy covers are learning institutions, and the inclusion criteria are the institutions that receive federal funds from the government (Ferder, 2013). Also, adult students and parents are covered by the policy, and the inclusion criteria are that the students should be older than 18 years.

Goals and Outcomes of FERPA

The main goal of FERPA is to maximize students’ records safety while also empowering students and parents to exercise their rights and introduce methods of implementing the policy’s compliance (Shurden & Shurden, 2014).

Responsibility Authority for Overseeing and Coordinating FERPA

It is the core mandate of the U.S. Department of Education through the Student Privacy Policy Office (SPPO) to oversee, lead and coordinate FERPA (Act, 2014). The office of the U.S. Department of Education ensures that individuals and institutions are compliant with federal privacy laws and regulations of FERPA. This office responsible for FERPA is headed by its director, who has other roles in the U.S. Department of Education, such as the Senior Agency Official for Privacy and the Department’s Chief Privacy Officer. SPPO administers and enforces the federal laws of FERPA, which relates to the student’s education records privacy. The student privacy functions are split into two, mainly focusing on administration provision of best practices and guidance as well as administration of governmental laws on education. Lastly, SPPO investigates and enforces any complaints from adult students and their parents about their rights under the FERPA policy. What is the larger societal context that you are able to apply here? What are the implications regarding FERPA in society? Why would social workers pay attention to this issue as a macro issue? You haven’t quite made this case. You also didn’t integrate any of the course content in the paper.

Social Work’s Role

Role Of Social Work in The Delivery of Services

Social work plays an important role in ensuring the laws and regulations of FERPA are implemented (Feder, 2013). Therefore, social workers should find the importance of FERPA and be familiar with it, especially those who work in educational institutions. As a result, social workers should comprehend the scenarios and time that a student education may be shared and under which conditions as directed by FERPA. However, some social workers, while playing their roles, find the definition of how education records should be treated and converted a bit confusing, but the important point that they should note is that FERPA under certain conditions allows the disclosure of information (Grinnell & Unrau, 2005). Additionally, records can be disclosed under this condition, whether they are from a health record or education record, without the consultation of either the students or the parent.

On the other hand, school social workers responsible for maintaining students’ education record privacy must balance it with parents and the institutions. Further, they should encourage school administrators to develop their policies in accordance with FERPA to ensure confidentiality in learning institutions. They should also advocate that school staff, including interns, are adequately trained to understand the FERPA policy. Consider the importance of this issue in wider society as well. Add that research.

Role and Skills Utilized Which Identifies me as a Social Worker

Social work is a vibrant and difficult field that necessitates a wide range of abilities and attributes. Whether these abilities are natural or learned, success in the profession necessitates those social workers continue to improve them throughout their professional careers. While not complete, the following skills are essential in identifying me as a social worker: Empathy, communication, critical thinking, active listening, self-care, cultural competence, patience, professional commitment and advocacy. Finally, as a social worker, I greatly influence communities and the people who live there. The roles of empowerment and advocacy of social workers are roles that I identify with. Social workers can empower individuals by motivating them to take a leading role in defining social services, offering education programs, and allowing long-term financial freedom. You needed to have quoted social work scholars who have written about school social work practice skills regarding FERPA, or at least equal treatment of students in schools.

Conclusion

In conclusion, the Family Educational Rights and Privacy Act (FERPA) plays an important role in the confidentiality of students’ education records. This policy pioneered by former senators Buckley and Pell serves a great purpose today. Today it has two main goals: providing parents and eligible students more authority on individual educational records and barring academic institutions from releasing personal education information without an eligible person’s written approval. Therefore, it is the role of social workers, particularly those working in the education sector, to ensure students’ rights regarding the privacy of their education records is not violated and FERPA policy is adhered to. Corporate and government policies can harm further certain minority populations. Employing an ecological approach to social work requires the social worker to assist a person in adapting to their position and advocate for changes in the social and political environment that will best help the person. In this sector, promoting sustainable development and striving for social justice are possible areas of attention. The function of ecological, social work becomes quite crucial when physical, social, and political pressures occupy the headlines. Adopting a holistic approach to people means noting the interconnectedness of various societal systems. This perspective may result in tactics that benefit not only the person, but the community, the country, and the globe as a whole. Check out my comments Marlene. Think broader about FERPA, social work and society. You write well, enjoyed reading your paper. See your score below.

References

Act, P. (2014). Family Educational Rights and Privacy Act (FERPA).

Feder, J. (2013). The Family Educational Rights and Privacy Act (FERPA): a legal overview. Library of Congress, Congressional Research Service.

Fuller, M. (2017). An Update on the Family Educational Rights and Privacy Act. New Directions for Institutional Research, 172, 25-36.

Grinnell Jr, R. M., & Unrau, Y. (2005). Social work research and evaluation: Quantitative and qualitative approaches. Cengage Learning.

Nissenbaum, H. (2020). Protecting privacy in an information age: The problem of privacy in public. In The Ethics of Information Technologies (pp. 141-178). Routledge.

Sayer, E. M. (2005). Understanding the Family Educational Rights and Privacy Act (FERPA): An analysis of FERPA compliance, implementation, and related issues at Nebraska colleges and universities. The University of Nebraska-Lincoln.

Shurden, S., & Shurden, M. (2010). Federal Educational Rights and Privacy Act: A historical perspective. In Allied Academies International Internet Conference (Vol. 12).

von Feigenblatt, C. D. O. F., Domínguez, D. C., & Vallés, J. E. G. (2015). The family educational rights and privacy right (FERPA). Journal of Alternative Perspectives in the Social Sciences, 6(3), 329-335.

Pay attention to my highlighted comments. 15.30/20

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