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 What All Medical Assisting Educators Need to Know About FERPA
FERPA stands for Family Educational Rights and Privacy Act. This federal mandate, which was passed in 1974, applies to all institutions that receive federal funding.
The name of this act implies that the legislation has to do with the educational setting, including our medical assisting programs and classrooms. The word rights in the name tells us that there are certain things we must do for our students, and the word privacy tells us that the act has to do with confidentiality.
Personally I would prefer to leave all the complicated legal stuff to my administration (specifically my college’s registrar), but I cannot do that because I am personally responsible for much of what FERPA requires. And if you are a program director or an educator, so are you.
In summary, FERPA gives students the right to see and amend their educational records, and details what information is justifiable for us to have about students; how we need to maintain, guard, and store student information and educational records; who we can share such information with; how we are to dispose of student information and records; and much more.
First, let’s talk about what sort of records you keep on your students. If you are like me, you have an application, an immunization record, a photo, and scores and grades. You might have a health physical, a personal questionnaire, letters of recommendation, progress notes, attendance records, disciplinary contacts, transcripts, and other miscellaneous forms. Think carefully about why you require certain pieces of information, and discontinue any nonessential information requirements. Be aware that student Social Security numbers should not be used as identifiers; in fact, although we can request an SS number, we cannot require it. Most schools now use other types of student identifiers. Be sure to caution students to not put their SS number on anything unless absolutely required.
How and where are your student records kept? If you store the records as hard copies in your office, be sure that the file cabinet is kept locked and that the key is available to only you and perhaps one other trusted staff member who is aware of privacy rules. If you have a faculty support person keep the records, be sure that person knows about FERPA and keeping the records secure. I make it a point to have as little information as possible in my care about my students. All I really need is their contact information, grades, and progress notes. I take a photo of each of my students with their name badges for my files, too. My faculty support person keeps track of their immunization records, their CPR/First Aid certification, and their Seven Hours of AIDS Education certificates. He lets me know on a regular basis which students are not up-to-date.
If records are kept electronically, make sure that your computer is protected and that those files are not available to anyone else. If other instructors or college employees want information about a student, first determine why they need the information, and then release only the information they need to perform their jobs. Do not keep student confidential information on home or personal computers. It is against FERPA rules for us to fax or email confidential FERPA-protected educational information because there is no way to know who is requesting the information and who will see it.
What kind of student information can you share? FERPA describes what is considered public information as “Directory Information.” It includes the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized sports and activities, height and weight of athletes, dates of attendance, degrees and awards, and other similar information. But each school must notify students of what is considered Directory Information (or public information) for their institution.
Do you share more specific information about your students with scholarship committees, financial sources, externship sites, or potential employees? If so, you should make sure to have written disclosures and consent forms from each student. The FERPA website has sample forms that can be used for this purpose. When obtaining a written request, ask for a picture ID so you have proof that the person requesting the information is actually the student.
Let’s consider some specific questions:
- Do you have an accordion file for handing back graded papers that students look through? Consider marking such accordion files with individual student names so each student has a file. Make sure your students know about privacy rules and FERPA; after all, their curriculum contains HIPPA privacy rules that they must know for their future medical assisting career.
- Do you allow a student or two to help you hand back graded papers? If so, perhaps using accordion files as discussed above would be a good option for you.
- Do you have student papers on your desk when other students are in your office? Or do you have a student helper who might see other student work? Make a habit of covering or turning over student confidential records when others are in the room. Make student helpers (and all other students) aware of confidential information so they are in the habit of not looking at it. This habit will help later in their careers when they handle confidential patient information.
- Do you show students their grades from your gradebook or electronic files without blacking out or covering other students’ records? Prepare the area ahead of time so that only particular student files are visible.
- Do the CAAHEP site surveyors see student records? If so, black out all identifying names and obtain a written release from all students whose work is being exhibited for the surveyors.
The following questions are ones I struggle with in my labs:
- Do you use a shelf or drawer for student competencies notebooks (check-off sheets) in a common lab area? Do other students have access to the notebooks?
- Do you check competencies for students within a common lab area where other students can watch or hear you as you assess student performance? Do your students act as patients during clinical check-offs?
- Do you grade your students’ charting skills by making comments in mock patient charts? Be aware that other students use the same “patient” charts.
These are some of the complex issues that are specific to professional technical programs. The first set of questions might be associated with any classroom, but the last set contains questions specific to professional technical programs where students have hands-on competencies to be checked off.
This information on FERPA is just the tip of the proverbial iceberg. For more information, go to www.ed.gov or access the helpful 150-page booklet about FERPA at the National Center for Educational Statistics, www.nces.ed.gov, and search for FERPA.
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