NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Name

Capella university

NURS-FPX 6103 The Nurse Educator Role

Prof. Name

Date

Teaching about Legal and Ethical Issues

Hello, everyone. My name is ABC, and I am an assistant professor at one of the nursing universities. This paper will discuss the importance of catering to legal and ethical nursing education and aspects of Family Educational Rights and Privacy Act (FERPA) violations. We must understand that decision-making has regulatory and moral implications for practice in schools and clinical areas. Challenging the violations of ethical standards is crucial to the growth of nursing practice. This presentation will discuss how to deal with FERPA violations ethically while improving the quality of nursing education.

Legal and Ethical Issue: Violation of FERPA

I want to start this presentation with cases that show that nurse educators break the FERPA rules, for example, when sharing information about a nursing student’s success and achievements with the staff without the student’s permission. For example, I will discuss a personal experience of a clinical manager at the facility where I work part-time who one day came to me seeking an assessment of the clinical skills of a former student, Erick, who had applied for a nursing position at the facility.

I told him I could not disclose information about his academic progress or success because it violated FERPA policy. As a nursing educator, I was perfectly in awe of the legal repercussions of such violations. When the hiring manager asked FERPA to prohibit sharing information on student success, the latter was shocked and stated that other clinical instructors did not mind the practice. This situation highlighted the issue of changing faculty and nursing students’ perceptions of confidentiality and FERPA regulation compliance.

Family Educational Rights and Privacy Act (FERPA)

The FERPA is a U.S. federal law that protects the privacy of student education records. Schools must obtain written consent before disclosing personal or academic information, except under specific authorized circumstances. FERPA ensures confidentiality and grants students the right to access, review, and request amendments to their records (Cino & Vandini, 2020).

Breaching Implications

Violating FERPA regulations carries significant consequences, including potential legal action against individuals and institutions for unauthorized disclosure of student information. In severe cases, such breaches can result in temporary suspension of access to student records or even the revocation of professional licenses and job termination. Noncompliance also threatens the financial stability of educational institutions, as it may lead to the loss of government funding. These risks highlight the critical need for organizations and stakeholders, particularly nurse educators, to adhere to FERPA guidelines. Unfortunately, many educators remain unaware of the implications of these violations, underscoring the importance of providing training and education to improve understanding of FERPA requirements (Vance & Waughn, 2020). Fostering clear and effective communication within institutions can help prevent breaches and ensure compliance.

Necessary Changes and Change Management Strategy

FERPA breaches are a significant legal and ethical issue to nursing education as they complicate the learning process, threaten the institution’s reputation, and compromise the code of ethics. To that effect, the following are the challenges that need to be addressed through proactive strategies. Assistant professors or nurse educators play an important role in ensuring that students are well-equipped to practice safe nursing with high ethical and legal compliance standards. Supporting ethical awareness, educators should explain the consequences of FERPA violations to nursing students and accentuate accountability (Jiang et al., 2023).

Such preparation ensures that future nurses can handle patient privacy and consent issues in complicated scenarios. Schools must also ensure FERPA compliance by developing an organizational culture that embraces respect, integrity, and responsibility. Discussions with students about the problem of ethical choice-making, self-organization, and the outcomes of privacy violations are necessary and should be carried out without any limitations. Students are given reflective exercises or case scenarios regarding critical thinking and moral reasoning (Elliott et al., 2020). Continuing with the help of mentors and peers and ethical modeling fosters students to act with integrity. 

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Simulation-based training can also be effective in enhancing the students’ knowledge and attitudes concerning ethical behaviors; and allowing them to practice theories learned in the classroom. Institutions need to improve the current policies to address issues of FERPA violations and their consequences clearly and to ensure that the aspects of privacy regulations are enhanced. In this way, nursing educators can equip students to face the ethical and legal requirements that are expected from them. This also warrants the production of competent, morally responsible nurses who can produce quality output in their practice (Jiang et al., 2023). In the long run, an ethical culture in nursing education protects the integrity of institutions, as well as faith and responsibility in healthcare organizations.

Change Management Strategy

Education change management is one of the essential and critical success factors influencing the perception of nurse educators and Nursing students toward FERPA compliance. Lewin’s change management model, which consists of three processes, unfreezing, changing, and refreezing, can help with this transition. In the unfreezing stage, the clinical educators and staff are made aware of the FERPA regulations, especially on the wrongdoing of sharing details of a student’s performance with other colleagues or a potential employer.

In this phase, educators, nurses, and students are encouraged to discuss the implications of policy infringement and the significance of ethical behavior. It is suggested that educational sessions focus on the possible legal and professional consequences, the importance of the agents’ independence, and ways of promoting ethical actions (Hidayat et al., 2020). Discussions on the new policy and its implications constantly remind everyone why change is needed, and the new policy is being implemented.

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

The changing phase, therefore, involves putting into practice the new confidentiality policies and ensuring that clinical educators practice these changes. This can be done through the following training methods: role play and hands-on training on the use of consent forms, among other strategies, to prepare educators to handle requests for student information appropriately (Hidayat et al., 2020). Professional development and feedback mechanisms help educators to implement and incorporate these new practices into their practice.

Ultimately, the new confidentiality policies are completely integrated into the learning context during refreezing. To achieve this, it is necessary to identify and reward the nurse educators who adhere to the new guidelines, provide them with constant support and professional development, and conduct the policy review periodically. In this way, applying the model of Lewin for change management, institutions provide a guarantee of successful putting into practice of policies that call for written consent before sharing the student performance information (Hidayat et al., 2020). This will solve problems connected with FERPA violations and develop the culture of compliance and responsibility among the staff.

Synthesizing Resource Information 

Achieving meaningful progress in FERPA compliance requires gathering relevant resources and identifying gaps and uncertainties in existing information. This can be accomplished through a thorough investigation to collect data, strategies, and tools to prevent confidentiality breaches within nursing education. Reviewing academic literature and educational resources that focus on effective methods and standards for safeguarding student privacy is essential in this process (Elliott et al., 2020).

Pinpointing unclear aspects and missing details related to privacy violations in nursing education helps drive change by strengthening privacy protections, reinforcing nursing-specific ethical standards, and identifying effective measures to secure student information. By addressing these gaps, institutions can create tailored privacy strategies for nurse educators (Jiang et al., 2023). These strategies are comprehensive guidelines for protecting student data and fostering a culture of confidentiality and ethical accountability in nursing education.

Resources of Information

Acquiring and categorizing important information and materials is essential for change implementation. Several studies have demonstrated that FERPA guidelines assist nursing educators in perceiving how and means of preserving student privacy and increasing awareness of FERPA compliance. Such knowledge enables clinical instructors to make sound decisions and offer useful advice on issues related to confidentiality. Moreover, frameworks for managing change help manage policies throughout the implementation process (Jiang et al., 2023). Therefore, these approaches are useful as practical strategies to respond to changes in the dynamic health care and educational systems to assist the nurse educator in effectively addressing change.

Another is the right to informed consent since it also protects individual liberty and privacy. Other support measures also enhance the capacity of nurse educators to be notified of the changes in policies and regulations as well as the measures to take when seeking consent from students. Thus, institutions can take a comprehensive approach to the development of the plan, making all stakeholders aware and ready for the change process when these resources and evidence-based practices are integrated. This reduces the chances of confusion and helps improve the implementation of new rules within education settings, hence changing organizational practices (Elliott et al., 2020).

Knowledge Gap

Identifying uncertainty and knowledge gaps is essential to effectively addressing FERPA violations. For instance, further research is needed to explore nurse educators’ perspectives, such as those of assistant professors, regarding the FERPA requirements for maintaining student confidentiality and anonymity. Additionally, some instructors may lack awareness of the methods for safeguarding student privacy or may not fully understand the consequences of failing to comply with FERPA regulations and institutional policies (Jiang et al., 2023). Addressing these gaps in understanding is crucial for promoting better adherence to privacy standards in nursing education.

Teaching Presentation and Measuring Change 

A well-structured and engaging training presentation can significantly impact staff behavior regarding FERPA violations. The presentation should focus on the ethical issues associated with FERPA breaches, such as the unauthorized disclosure of a student’s academic record without consent. It should emphasize the importance of safeguarding student data, the consequences of violations, and strategies for promoting ethical behavior (Antobam, 2023). Including case studies based on research and change management frameworks is also crucial for effective implementation. 

Educators can effectively train staff on FERPA guidelines and their implications by creating a collaborative and organized presentation, ultimately enhancing nursing practice. Incorporating evidence-based simulations and case studies can demonstrate how breaches affect the reputation of professionals and institutions and their personal ethical standards. Engaging participants in interactive activities promotes a deeper understanding of the issue. Simulation exercises or group discussions also help nursing students confront the moral challenges of maintaining anonymity and confidentiality in nursing education (Antobam, 2023).

Change Measurement

However, to make this transition effective and sustainable, it is necessary to introduce the evaluation indicators. Nursing educators can set specific goals for FERPA as follows, including the number of times that the violation occurred before implementing training and after training, as well as the percentage of staff and educators who took FERPA education. These metrics assist in determining the effectiveness of training initiatives and the areas that require more attention. Also, clinical instructors can get information from other teachers and students on the efficacy of FERPA training sessions. Surveys or questionnaires should be employed to give a holistic view of the strengths, weaknesses, and possible ways of improving the training (Rainsberger, 2022). It is essential to recognize the directions for the further enhancement of the quality of compliance activities.

Nurse Educators as Change Agents

Assistant professors are change agents and leaders who enhance the teaching of FERPA regulations and compliance among nurse educators. In this way, they will be able to promote students’ rights and devise strategies to protect student records and enhance students’ privacy and confidentiality. Also, regarding practical activity, they can control and influence other employees and students by increasing their awareness of how to protect the student’s information, what concerns FERPA, and possible penalties for violating these rules (Elliott et al., 2020).

Since nurse educators are in charge of clinical education, they can coordinate with institutional leaders and policymakers to design policies and procedures that align with FERPA. These regulations secure the appropriate implementation of FERPA provisions and aid the leaders in developing concrete procedures for disseminating student data and receiving the student’s or their parent’s written consent. A possible way to help enhance nursing practices in my capacity as an assistant professor and a member of a university is to ensure that student identity and anonymity are respected (Elliott et al., 2020). With the proper leadership and advocacy, nurse educators can ensure FERPA compliance while at the same time embracing the ethical and legal requirements in nursing education.

Culturally Sensitive Issues

If implemented in change management, cultural sensitivity, including ethical issues such as FERPA, is crucial in determining the success of the change process. The study is important because cultural differences may influence how nursing students from different backgrounds approach and deal with privacy and confidentiality issues. For instance, culturally or organizationally stigmatized students may develop specific privacy concerns shaping how information is shared and processed. Therefore, it is important for university instructors to be informed of these cultural barriers and use the best practice approaches to overcoming them (Blitz et al., 2020).

Another approach is to conduct a needs analysis, which will help to provide an understanding of the cultural beliefs of the nursing students so that effective plans to promote awareness and acceptance can be made. Nurse educators can present culturally relevant training sessions focusing on some of the student’s privacy and confidentiality concerns. These sessions should include how and when one’s data is procured, processed, and disclosed and to whom. Cultural issues are best managed during the change process since it is crucial to be very keen and ensure that research supports the process well.

Due to the different ethnic backgrounds of the students, nurse educators need to understand their students’ social and cultural aspects and thus guarantee that all students of diverse ethnicities feel protected and valued (Blitz et al., 2020). It will help to advance nursing practice, as the approach will increase the overall learning environment and create a more positive educational climate.

Action Plan for Continuous Learning

To foster a deeper understanding of FERPA compliance, it is essential to implement a comprehensive action plan that encourages a culture of integrity. Nurse educators can utilize several strategies to reinforce ethical principles. First, offering educational programs for nurse educators will enhance their knowledge of student privacy and FERPA requirements. These programs should present evidence-based methods for preventing privacy breaches while keeping educators up-to-date on FERPA-related issues and trends (Jiang et al., 2023). Second, it is important to empower students to safeguard their personal information by promoting the importance of obtaining proper consent.

Lastly, periodic evaluations of institutional policies and procedures related to student confidentiality should be carried out. Feedback surveys and questionnaires can assess the effectiveness of training and educational initiatives, allowing for an evaluation of FERPA compliance rates (Jiang et al., 2023). The action plan can be adjusted based on the feedback received to ensure ongoing improvement and development in privacy protection practices.

Additional Information Needed

More information is needed in specific areas, especially regarding the detailed FERPA regulations that guide how student privacy and confidentiality should be maintained in educational settings. Further research and collaboration with ethics and education professionals may be necessary to bridge gaps in practice and provide clinical educators with the knowledge and tools needed to address these challenges effectively (Blitz et al., 2020). To better understand the risks associated with FERPA violations, it is crucial to implement strategies that prevent such breaches while sharing student information, ensuring these issues are managed proactively and efficiently.

Conclusion

In conclusion, understanding FERPA regulations is critical for nurse educators to ensure student privacy and maintain ethical educational standards. Implementing effective training and creating a culture of compliance are essential steps in addressing FERPA violations and promoting confidentiality. Continuous evaluation and culturally sensitive approaches can enhance understanding and adherence to privacy laws. Ultimately, nurse educators play a pivotal role in fostering an ethical environment and safeguarding student information.

Context

While compiling information for this presentation on FERPA compliance and nursing education, I considered several cultural and diversity factors that may influence learning. Another factor was that nursing students from different backgrounds might have different perceptions maybe about students’ students’ and FERPA violations. For instance, students in marginalized groups may have increased sensitivity to issues concerning privacy violations that have been violated in the past. This cultural sensitivity was based on research that revealed that cultures are different and affect how privacy and confidentiality are understood and handled in the health sector (Antobam, 2023). Additionally, I ensured that I used cultural sensitivity in teaching to avoid making students feel as if they were being ignored or undeveloped.

I examined how the presentation could positively change the nursing education environment by promoting ethical practice and FERPA compliance. As a result, the presentation on FERPA regulation for nursing educators and students was intended to increase awareness and change attitudes about the need to protect students’ privacy. This change may positively affect the institution’s image, decrease the possibility of legal infringements, and enhance the responsible education climate. In Lewin’s change management model, education and helping change implementation plans create awareness for change to happen (Hidayat et al., 2020). To ensure I am up to date with FERPA and any associated legal or ethical issues, I use the following: updates from the U.S. Department of Education, privacy laws in healthcare education, legal webinars, or seminars.

References

Antobam, E. (2023). The importance of data privacy and security during emergency remote learning. Publications and Research, 57, 1–9. https://academicworks.cuny.edu/bx_pubs/108/ 

Blitz, L. V., Yull, D., & Clauhs, M. (2020). Bringing sanctuary to school. Urban Education, 55(1), 95–124. https://doi.org/10.1177/0042085916651323 

Cino, D., & Vandini, C. D. (2020). “Why does a teacher feel the need to post my kid?”: Parents and teachers constructing morally acceptable boundaries of children’s social media presence. International Journal of Communication, 14, 1–20. https://ijoc248.sfulib4.publicknowledgeproject.org/index.php/ijoc/article/view/12493 

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Elliott, P. A., DeJong, W., & Feinberg, E. (2020). Navigating privacy laws to deliver STI health services in high schools. Pediatrics, 145(3), e20190712. https://doi.org/10.1542/peds.2019-0712 

Hidayat, A. T., Hariyati, R. T. S. H. S., & Muhaeriwati, T. M. (2020). Applicability of Lewin’s change management model for optimization management function in nursing delegation between head nurse and team leader: A mini project in Jakarta Military Hospital. International Journal of Nursing and Health Services, 3(4), 471–478. https://doi.org/10.35654/ijnhs.v3i4.68 

Jiang, J. A., Yamamoto, F. R., Nagy, V., Zander, M., & Barker, L. (2023). Data privacy in learning management systems: Perceptions of students, faculty, and administrative staff. Lecture Notes in Computer Science, 100–115. https://doi.org/10.1007/978-3-031-48060-7_8 

Rainsberger, R. (2022). A few FERPA training perspectives: Unexpected questions, part 2. Campus Legal Advisor, 22(6), 1–5. https://doi.org/10.1002/cala.40716 

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Vance, A., & Waughn, C. (2020). Student privacy’s history of unintended consequences. Seton Hall Legislative Journal, 44, 515. https://heinonline.org/HOL/LandingPage?handle=hein.journals/sethlegj44&div=22&id=&page=