How to Maintain Mandatory Privacy in Education

I once worked with a teacher at a community college who literally announced students' test grades in class: "Joe got a D, Sue got a C . . ." She didn't see anything wrong with it. But she was not only being tactless and cruel, she was breaking the law.

The Federal Education Records and Privacy Act (FERPA) of 1974 mandates confidentiality regarding most adult educational records. Sometimes community college instructors haven't had formal education courses and so don't know how FERPA may affect them. Maintaining privacy isn't that difficult as long as teachers keep the general issue in mind.

Posting grades

Most adults over 35 got their final class grades by crowding around a piece of paper taped by the professor's office. However, doing so is a violation of FERPA. Students don't have to look only at their own name on the list; they can see the other students' grades, too. And that is a violation of their privacy.

Sometimes instructors have tried to eliminate the problem by using student social security numbers. These, also, can potentially invade privacy. The first three digits of a social security number represent the geographical area the person lived in when the card was issued, and that can be a strong identifier in itself. Besides, the number is used in other contexts, and the grade could be found by anyone who knows some or all of the number. For instance, spouses and parents could learn the grade. If they do so without the student's permission, the privacy law has been violated. Other student ID numbers pose the same problem.

Returning papers

Especially with a large class, many instructors hate the idea of taking up several minutes of class time to hand back papers one-by-one. It seems much more efficient to put them all on a table in the back or in a folder hanging by the door. Obviously, a student rummaging through a stack of exams can see the scores for other students, no matter how well they are hidden. Folding Scantron sheets in half or putting the grade on the last page of a research assignment still allows the possibility that someone else can see the grade, and that is one of the issues with FERPA.

Grading

Grading itself can be a problem under FERPA guidelines, again especially if a teacher has a large number of students. At one of the schools I worked in, some instructors were given teaching assistants to help with their load. These teachers chose to have the TAs grade their papers. Talk about a privacy breach!

Conversations

College instructors even have to be careful who they talk to and what they say regarding students. Content of conversations regarding students with both parents and other staff are dictated by FERPA.

Parents may call teachers, particularly those whose children are attending a community college, to learn about student progress. Especially if they are paying the way, they often feel they are entitled to get such information. But adult children are adults. Staff of an educational institution cannot give out any information without the student's consent.

Talking to other staff regarding students may also be taboo. The only exception is when the instructor is talking to someone within the school who has a "legitimate institutional interest." Talking to the counselor about a student who may be abusing substances is ok. Talking to another teacher about possible plagiarism is ok. Talking to a teacher of strictly English honors courses about a student in developmental classes can't seem to understand fractions is probably not.

Privacy is required

It isn't that difficult for colleges to comply with FERPA regulations, but it does take some effort and a little time. Rather than posting grades physically or electronically (which is also prohibited), instructors should hand back papers individually. Disguising names is not an appropriate way around FERPA. Neither is leaving assignments or tests for students to pick up themselves, regardless of how the names are hidden. TAs should run errands, fetch library materials, set up science labs, run tutoring sessions, but they should never come in contact with finished student work. Calls or emails from parents should be forwarded to the counseling office or whoever else may be the liaison on campus. And discussions with co-workers should remain strictly professional where students are concerned.

Privacy is an important issue, even more so in today's highly technological world. College teachers must do what they can to protect that privacy. And following FERPA guidelines is the law.

References

David A. Banisar. "Privacy of Educational Records." Electronic Privacy Information Center. Epic.org.

Family Educational Rights and Privacy Act Regulations (FERPA). Ed.gov.