Data Confidentiality Workshop
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WORKSHOP ON DATA CONFIDENTIALITY

September 6-7, 2007 in Arlington, VA

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The recent massacre at Virginia Tech pointed out one of the major confidentiality issues facing education today. Educators have frequent contacts with students and learn many things about the students that be used to help students succeed or fail. But what information should be private, and what information should be shared? When a student applies to a university or other postsecondary institution, only a limited amount of academic information is sent. This information is used for admissions purposes. Information that becomes the basis of the student’s record is generally obtained from the student, not from the school where he or she attended. Thus there is much information that might be useful, but is not currently obtained by institutions of higher education.

Education organizations are bound by a 1976 federal law referred to as the Family Educational Rights and Privacy Act (FERPA). FERPA is primarily focused on giving a child’s parents the right to see what is included in their child’s student record and the right to request changes if there are perceived inaccuracies. After the age of 18, the parents are no longer considered in control of the student’s record, and the student is given the right to review his or her record. FERPA strictly limits access to the contents of student records to persons within education organizations and school systems needing access in order to do their jobs or where a student is planning to enroll.

Student records contain many types of information, including information about the student’s demographic characteristics, parents and family, courses taken, assessment results, programs participated in, athletics and other extracurricular activities participation, health screening, and inoculations. But student records also may include information about psychological and other types of specialized testing, special accommodations for classroom participation, and disciplinary reports. Until recently, when a student moved from one school district to another, information about a student’s special education identification and discipline were considered too prejudicial to be sent with the student’s academic record. Parents wanted their children to have a “clean record” when they changed schools. This has been set aside by states recently because of the need to quickly provide services when a child has special needs and the need to safeguard students and educators if a student is a persistent disciplinary problem.

The automation of student records has added new elements to the confidentiality dilemma at all levels of the education system. With regard to access restrictions, it is easier to provide access to all of the data from a student’s record than to provide selective data fields to an educator based on his or her work-related needs. But this may mean that an educator has access to information that is not needed and should not be provided. It is also easier to just store all of the information about a student in a long-term archive than to pick particular fields to maintain.

The automation of student records requires rigorous security policies and practices, and these must be maintained for long-term archives as well as current files. One obvious risk is student hackers who seek to change grades or other information in their academic records. But another risk is when archived records are inappropriately accessed. The public disclosure of high school or college transcripts 30 years after someone has attended school could be very problematic to public figures.

Elementary/secondary and higher education alike are dealing with these issues, and trying to devise policies and procedures that will ensure that student records are securely maintained and used appropriately. But there is much to be decided if we are to ensure the safety and support of all students.

Barbara S. Clements

ESP Solutions Group

 

Biographical Data

Dr. Clements leads ESP Solution Group’s Federal Practice Group in Washington, DC, and serves as the Chief Standards Officer for the National Transcript Center. She is widely recognized as a leading expert on federal PK-12 education data collection programs, policies, and content. In recognition of that knowledge, she serves as a key advisor to the U.S. Department of Education's senior staff on the national collection of data from state education agencies, particularly through the Education Data Exchange Network (EDEN).

Dr. Clements helps propel the development of automated data collection and reporting systems, unique student identifier systems, and electronic transcript/record exchange systems for state education agencies. She also advises state and federal education agencies on data quality, confidentiality, FERPA compliance, and privacy matters. Dr. Clements represents ESP on the Board of the Postsecondary Electronic Standards Council and coordinates ESP standards activities related to electronic student records.

She graduated from The University of Texas at Austin with a Ph.D. in Educational Psychology, Quantitative Methods and is a licensed Spanish teacher.