Elliott Smith and FERPA (Better Be Quiet Now)

"...but I'd better be quiet now, I'm tired of wasting my breath,
carrying on, getting upset.
Maybe I have a problem, but that's not what I wanted to say.
I'd prefer to say nothing.
I've got a long way to go, getting further away."
-Better Be Quiet Now (by Elliott Smith)

Suggested Listening: Figure 8 by Elliott Smith

It's been a while since I've posted something and there's a very good reason for that...a lot has been going on.

The state of Virginia is the first state to enact legislation (HB 1058) to amend FERPA (Family and Educational Rights Privacy Act) in the wake of the events at Virginia Tech. Legislation has also been introduced on the national level to amend FERPA.

So why should you care? Why should I care for that matter?

I care because, like many in my profession, I am an advocate for student rights, and this legislation is a crack in the foundation of student rights.

The Family and Education Rights Privacy Act was created (with extremely BROAD language) to protect the privacy of any student over the age of 18--even if your parents pay for your education, I (as your advisor) could not share your academic record with them. Advisors (and educators in general) have no way of knowing to whom they are speaking (especially if they are on the receiving end of an angry phone call about little Billy's grades) and the best practice has always been to not disclose little Billy's grades. But FERPA does not simply protect grades...it protects the ENTIRE academic record...including advising meeting notes, class schedules...everything.

Imagine you are a young woman with a possessive ex-boyfriend. You've filed a restraining order against your ex, but he calls your school and tells them that he is your father and needs to know where you are because there is a family emergency. FERPA protects you in this instance too (and it should be noted that universities are VERY smart about dealing with these situations).

When FERPA was created, it was written in the broadest possible terms so that each school could determine how much or how little information to give to parents. It was always the policy in the Advising Office here at VCU that we would ask our students for permission before we discussed anything but the most general topics with parents...and that was done before each conversation.

HB 1058 in the Virginia General Assembly has opened a window in which parents may (providing that they submit tax forms proving the student is their dependant) have access to ALL student records.

I don't consider parents the enemy in an advising situation (far from it, they should be partners in the educational process), but college is a time for students to start establishing independence (yes, even if mom and dad are paying the bills). If a student does not do well during their first semester at college, parents should make a contract with students that the students give them regular access to their grades. Putting the academic advisor in the middle of a family problem is setting a dangerous precedent.

I cannot do my job effectively if a student believes I will simply turn around and tell their parents everything that the student has told me. I will continue to protect student rights as best as I can, even with the new legislation in place. I will continue to contact students through Facebook when their parents e-mail me with requests for information. I will always ask students if they mind if their parents sit in on meetings and I will not distribute confidential information over the phone.

I (like many Virginia educators) spent a great deal of time watching news reports immediately following the tragedy at Virginia Tech. But we cannot allow an environment of fear supercede fundamental educational rights and priviledges. College is a time for learning and growing--a time for taking on adult responsibilities. By hovering over our students, how much are we actually allowing them to grow?