Open Access. Powered by Scholars. Published by Universities.®

Education Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Education

Ask And You Might Not Receive: How Ferpa’S Disclosure Provisions Can Affect Educational Research, Lindsey Tonsager, Caleb W. Skeath Nov 2017

Ask And You Might Not Receive: How Ferpa’S Disclosure Provisions Can Affect Educational Research, Lindsey Tonsager, Caleb W. Skeath

Journal of Student Financial Aid

The Family Educational Rights and Privacy Act (FERPA) regulates how schools collect, use, and disclose student information, including disclosures to third-party educational researchers. This article examines how educational researchers can structure their activities to reduce the risk of violating FERPA’s disclosure restrictions. In order to do so, we present two options for researchers to consider: utilizing de-identified student information that does not fall within the scope of FERPA, or complying with FERPA by securing prior consent for student information disclosure or qualifying for an exception from FERPA’s consent requirement. The article’s discussion of these options includes an overview of FERPA’s …


Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier Nov 2016

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …


Cyberbullying: The Public School Response, Charles Waggoner Aug 2013

Cyberbullying: The Public School Response, Charles Waggoner

Administrative Issues Journal

This paper explores the consent process in relation to academic, scientific research. Consent is a human right given to each research participant. The participant’s autonomy should be supported and encouraged when obtaining informed consent. This paper reviews current literature and discusses the development of this right, in addition to the manner in which scientific researchers should uphold it.


Consenting To Treat: A Rights-Based Principle, Pamela J. Stokes Oct 2012

Consenting To Treat: A Rights-Based Principle, Pamela J. Stokes

Administrative Issues Journal

This paper explores the consent process in relation to academic, scientific research. Consent is a human right given to each research participant. The participant’s autonomy should be supported and encouraged when obtaining informed consent. This paper reviews current literature and discusses the development of this right, in addition to the manner in which scientific researchers should uphold it.