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NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Student Name

Capella University

NURS-FPX 6103 The Nurse Educator Role

Prof. Name:

Date

Teaching about Legal and Ethical Issues

Greetings, my name is Emma, and today I will discuss the significance of ethical and legal concerns in nursing education, that is, the Family Educational Rights and Privacy Act (FERPA) violence. Being nurse educators, should recognize the regulatory and moral implications of our role in the learning environment and medical setting. Resolving violations of moral standards is crucial to improving the nursing practice. This presentation outlines the importance of a holistic approach to addressing FERPA violation issues, encouraging ethical behavior, and improving the standard of nursing education. 

Legal and Ethical Issue: Violation of FERPA

I will discuss the FERPA violation made by clinical instructors who communicate to future nursing employers about a student’s achievement and performance without the consent of the student. I will present a scenario. Recently, a nurse manager at the medical facility in which I serve part-time solicited my opinion on a former pupil named Eric’s medical skills. He has submitted the application for a staff nursing role.

I told them that I could not discuss his performance by violating the FERPA rules. I knew about the FERPA violation issue because I am the clinical instructor for the nursing program. The manager was surprised about not discussing the student’s performance due to FERPA restrictions but that other clinical educators were always willing to discuss. After recognizing it was a significant concern, I recognized the need to modify this behavior among staff and students.

Family Educational Rights and Privacy Act (FERPA)

 FERPA is a federal legislation that offers parents and eligible students the right to review and modify their children’s academic records and manage the private data recorded in academic documents. The FERPA regulation governs educational organizations that accept funding from the US Department of Education’s applicable programs (Rainsberger, 2019).

Consequences of Violating FERPA Law

Violations of FERPA rules under federal law have significant repercussions. They include:

  • Potential legal charges.
    • Access is temporarily suspended.
    • License Cancellation or expulsion.
    • The organization loses federal financing (Reamerm, 2023). 

Recognizing these implications, it is critical for organizations and stakeholders, including nurse educators, to follow the FERPA rules. However, many educators do not comprehend the legislation and its implications. This scenario enables them to understand the violation of the FERPA law. It demands staff training and effective communication to avoid FERPA violations. (Reamerm, 2023).

Necessary Changes and Change Management Strategy

FERPA Violation is a severe moral and ethical issue in nursing education. It disrupts the learning process, undermines educational institutions’ reputations, and violates ethical standards. Necessary changes should be implemented to overcome its consequences. Providing training and education assists future nurses in effectively delivering secure and efficient care while adhering to regulatory standards; nurse educators must address ethical and legal concerns (Poorchangizi et al., 2019). Nurses should comprehend the ethical guidelines that influence nursing care because they are accountable for their behaviors and choices (Haahr et al., 2020).

Nurse educators should equip students by training them about such concerns and provide adequate knowledge that will aid them in their future roles. Understanding legal and ethical principles can help nurses manage difficult situations such as patient confidentiality and informed consent more effectively. Furthermore, teaching students about moral and legal issues is critical to producing capable, morally responsible nurses who deliver standard care to patients (Andersson et al., 2022).

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Establishing an atmosphere of respect and honesty in an educational setting is critical to follow the FERPA law. Open communication and discussion regarding the importance of autonomy, moral choices, and the negative consequences of privacy infractions should be conducted. To encourage analytical thinking and ethical judgment, faculty members should involve nursing students in reflection exercises, scenarios, and issues related to ethics.

Mentoring activities, peer support, and consistent encouragement of moral conduct can assist in establishing a setting in which students are driven to act ethically (Tavani et al., 2022). Current regulations and guidelines should be strengthened to provide clear direction to manage FERPA violations. Guidelines should outline the implications of breaches and emphasize the significance of following privacy standards. Policies should also establish the methods for reporting and examining violations (Francis et al., 2021).

Change Management Strategy

A successful change management plan is critical for the efficient transition of nurse instructors’ and students’ behavior toward FERPA adherence. For this purpose, Lewin’s Change Management Model, which consists of three stages: unfreezing, modifying, and refreezing, is essential. The stages are described as

Unfreezing Phase

In the unfreezing stage, provide awareness to clinical instructors and other staff about FERPA rules regarding sharing the performance of the students with other colleagues and hiring managers. Engaging instructors, nursing staff, and students in a discussion about the consequences of violating the privacy policy. Organize educational discussions that emphasize the repercussions, the value of autonomy, and techniques for encouraging moral conduct. It also creates a sense of urgency about the need for improvement. Regular meetings can be conducted about the updated policy and its applications (Kim & Park, 2019).

Changing Phase

The changing step includes executing the new privacy policy and guiding clinical educators about the transition and rules of the new policy. This can be accomplished by offering training and education using various learning approaches, such as role-playing scenarios and practice authorization forms, to guide them about responses to student information requests. Mentoring and feedback approaches are helpful in supporting the new practice and addressing these challenges (Turnbull et al., 2021).

Refreezing Phase

In the Refreezing phase, the new approach to medical students’ data confidentiality is accepted and incorporated into the academic organization setting. This can be accomplished by appreciating and encouraging clinical educators to comply with the new guidelines, offering ongoing assistance and training, and periodically reviewing the influence of the change (Kim & Park, 2019). Applying the Lewin Change Management approach, we can effectively implement the new guideline that demands written consent before discussing the performance of a student with hiring managers. This approach assists in addressing the concern of violations.

 Synthesizing Resource Information and Addressing Knowledge Gaps

To achieve significant change regarding FERPA violations, it is critical to gather relevant resource data and highlight uncertain aspects and gaps in understanding. This can be accomplished by performing a comprehensive study to obtain pertinent information, approaches, and resources focused on reducing confidentiality breaches in nursing education (Andersson et al., 2022).

Analyze academic publications and educational resources centered on efficient strategies and guidelines for maintaining students’ privacy integrity. The identification of uncertain aspects and missing information regarding privacy misconduct in nursing education improves change by improving privacy protection, nursing-specific principles of ethics, and successful measures to promote student information protection. Using the identified gaps in knowledge to develop customized privacy strategies for staff nurse educators offers guidance to encourage students’ information privacy (Francis et al., 2021).

Resources of Information

Collecting and integrating appropriate resources and information is essential for effective change. Valuable resources such as Baker et al. (2020), revealed that FERPA guidelines help nurse educators understand the criteria for protecting students’ confidentiality and become aware of FERPA laws. This will help clinical instructors make decisions and give them guidance about students’ privacy. Furthermore, Harrison et al. (2021), stated that approaches to change management are critical to ensuring a successful implementation of new guidelines.

Understanding these models allows nurse educators to develop a change-management approach. Jones (2019), stated that informed consent is critical to promoting individuals’ autonomy. Creating consent forms is vital for clinical instructors to obtain students’ formal authorization before disclosing their performance to prospective employers. This ensures that the guidelines are followed by taking students’ permission.

Lastly, Kim and Park (2019), suggested that training and awareness help clinical educators comprehend the new guidelines, policies, and techniques for obtaining consent to share student information efficiently. By combining these resources and information it will be adequate to create a comprehensive strategy for implementing change and guaranteeing all stakeholders are well-informed and equipped. This will reduce contradiction and ensure that the new guidelines are effectively integrated into the educational setting.

Knowledge Gap

It is critical to identify potential areas of uncertainty or missing information to implement an effective change in the FERPA violation issue. For example, there is a demand for further research on clinical educators’ perspectives and attitudes toward adhering to FERPA rules of student privacy and confidentiality. Furthermore, some instructors could be unaware of the safeguarding strategies for student’s privacy, or they can be required to further knowledge about neglecting FERPA rules and educational organizations’ policies and their implications (Abad et al., 2019)

Teaching Presentation and Measuring Change 

A well-designed educational presentation can effectively induce change in personnel regarding FERPA violations. The presentation should emphasize the significance of student information security, its implications, and techniques for encouraging moral conduct. Furthermore, research-based case studies and criteria for measuring change are critical for effective change. Developing a well-planned and organized presentation that informs the participants of the FERPA guidelines and their implications improves nursing education and practice (Baker et al., 2020). 

Research-based scenarios and case studies can be used to demonstrate the impact of violations on professional and organizational reputation and personal morality. Stimulating the participant by using activities to encourage involvement and an improved comprehension of the issue. Incorporating case studies, simulations, or group debates assists learners in exploring the moral issues of confidentiality and anonymity in nursing education (Kim & Park, 2019).

Change Measurement

To ensure that the change is practical and efficient, it is necessary to encompass change assessment aspects. To track improvement, nursing educators can establish specific FERPA compliance criteria, such as the frequency of reported violations before and after training and the percentage of employees and instructors in FERPA counseling and training. These metrics can be tracked over time to determine the effectiveness of adherence initiatives and the need for additional improvement. Nurse educators can also solicit feedback from instructors and students on the effectiveness of training and instructional activities designed to promote FERPA adherence. Surveys and feedback approaches can assist in identifying areas of accomplishment and possibilities for development (Marachi & Quill, 2020)

Role of Nurse Educators as Change Agents

Nurse educators have a vital function as change agents and leaders in advancing nursing practice and education about FERPA rules and compliance guidelines. By serving as advocates for their students, nurse educators can encourage efficient methods for safeguarding student information and establishing an attitude of dignity toward student confidentiality and anonymity (Tripathy et al., 2023).

Nurse educators can serve as change agents by educating and informing colleagues and pupils about the significance of safeguarding student information and understanding FERPA rules and the potential consequences of breaching these rules (Kim & Park, 2019). Nurse educators can serve as leaders in nursing education by collaborating with their organization’s administration and policymakers to develop FERPA-compliant procedures and regulations (Ghoozlu et al., 2023).

This policy assists in disciplinary actions for FERPA violations and aids executives in formulating standards for handling student information disclosure procedures and obtaining written consent from students and their families. Nurse educators can improve nursing practice by fostering an attitude of respect for student confidentiality and anonymity by serving as change agents and leaders to encourage adherence to FERPA standards and other ethical and constitutional guidelines (Tavani et al., 2022).

Culturally Sensitive Issues

Cultural sensitivity should be addressed when adopting change related to ethical issues, like FERPA violation, because it can influence the change. In managing confidentiality and safety problems among nursing students from varied cultures, culturally relevant issues can emerge. For example, individuals from different backgrounds are more serious about privacy than other individuals, influencing the willingness of individuals to disclose their information and permitting the release of private data (Rath & Kumar, 2021).

Nurse educators should address these culturally relevant issues by using research-based strategies such as obtaining information through needs assessment to discover the cultural beliefs and perspectives of the nursing students and analyzing the approaches based on empathy and comprehension (Shahzad et al., 2021). Nurse educators can organize educational and training sessions that consider cultural sensitivity and assist in satisfying students’ concerns about privacy and anonymity. These sessions provide awareness to nursing students about the gathering and utilization of personal information and conditions to disclose information (Sharifi et al., 2019).

Addressing culturally relevant issues during the change process necessitates a comprehensive and research-based approach. By understanding the cultural norms and principles of the student, nurse instructors can ensure that students with diverse cultural backgrounds experience a secure and appreciated atmosphere. It will result in improved nurse practice and education (Day & Beard, 2019).

Action Plan for Continuous Learning

For improving ongoing learning about FERPA compliance, it is critical to create a practical action plan that fosters an ethical culture. Nurse educators can employ these strategies to continue learning about moral issues. Firstly, regular educational and training workshops for educators will be organized to improve their grasp of student confidentiality and FERPA standards by demonstrating evidence-based practices for avoiding breaches of privacy and keeping them up to date with current difficulties and trends regarding FERPA policy.

Secondly, encourage students to actively participate in maintaining their privacy and data protection through encouraging informed consent programs (Kim & Park, 2019). Furthermore, support the development of student committees devoted to encouraging moral conduct and student data security. Lastly, implement frequent assessments of organizational rules and policies regarding student data protection. Analyze the performance of the educational and training initiatives using feedback and survey approaches. This assists in analyzing FERPA adherence rates. The strategy will be improved after the evaluation of feedback to ensure continued progress (Marachi & Quill, 2020).

Additional Information Needed

Some aspects necessitate additional knowledge. For example, nurse educators could need advanced information on specific FERPA requirements governing strategies to preserve students’ confidentiality and anonymity in healthcare settings. Further research and collaboration with ethical and educational experts can be required to bridge these practice gaps and provide nurse educators with the abilities and assistance they require to cope with such challenges effectively. To better comprehend FERPA breach issues, strategies, including information-sharing events and digital learning, are crucial to gather and communicate the relevant knowledge effectively (Alier et al., 2021).

Conclusion

FERPA is a US law that enables students to control access to their educational data. Ethical laws influence the nursing practice and education. Nurse educators need to obey FERPA rules. They should not disclose their students’ academic data without authorization. Nurse educators can strive to promote an atmosphere of continuous education and advancement by utilizing research-based methodologies and ongoing assessments to resolve ethical issues.

Context

The presentation highlighted the different cultural perspectives of the student population regarding privacy concerns. Although the FERPA law is vital for providing security and privacy to students’ academic information (Rainsberger, 2019)The student population is relevant in the educational and training process mentioned as a learning initiative in the presentation. The presentation has a significant impact on nursing practice and education. However, some nurse instructors have engaged in disclosing their students’ academic data with hiring managers, believing that such actions are beneficial for students’ future by promoting them despite the students’ permission (Reamerm, 2023).

The presentation highlighted that it is prohibited to do such disclosing data actions. It also educates pupils that they must grant permission for their instructors to disseminate their educational knowledge for specific purposes. This presentation also highlights the legal implications of breaching the FERPA rule. It will assist in refraining nurse educators from releasing student data without permission (Reamerm, 2023).

Various research sources can support understanding and guide compliance with the FERPA rule. To stay current on this legal need, nurse educators can consult an array of resources on legal standards for sharing student data, US policies, and FERPA Act guidelines. In addition, the Family Policy Compliance Office provided up-to-date information about FERPA (Cole, 2021).

References

Abad, G. H. L., Asghari, F., Bandehagh, A., Najafipour, S., & Bigdeli, S. (2019). Patient privacy: Awareness and attitudes of Iran university of medical sciences medical students. Medical Journal of the Islamic Republic of Iran33, 12. https://doi.org/10.34171%2Fmjiri.33.12

Alier, M., Casañ Guerrero, M. J., Amo, D., Severance, C., & Fonseca, D. (2021). Privacy and e-learning: A pending task. Sustainability13(16), 9206. https://doi.org/10.3390/su13169206

Andersson, H., Svensson, A., Frank, C., Rantala, A., Holmberg, M., & Bremer, A. (2022). Ethics education to support ethical competence learning in healthcare: An integrative systematic review. BioMed Central Medical Ethics23(1). https://doi.org/10.1186/s12910-022-00766-z

Baker, C., Galemore, C. A., & Kerri McGowan Lowrey. (2020). Information sharing in the school setting during a public health emergency. NASN School Nurse35(4), 198–202. https://doi.org/10.1177/1942602×20925031

Cole, J. P. (2021). The Family Educational Rights and Privacy Act (FERPA): Legal issues. CRS Report R46799, Version 1. Congressional Research Service. https://eric.ed.gov/?id=ED614263

Day, L., & Beard, K. V. (2019). Meaningful inclusion of diverse voices: The case for culturally responsive teaching in nursing education. Journal of Professional Nursing35(4), 277-281. https://doi.org/10.1016/j.profnurs.2019.01.002

DeZelar, S., Hepperlen, R., & Kiesel, L. (2022). Equity and inclusion for social work students with disabilities: A scoping review. Journal of Teaching in Social Work42(5), 424-448. https://doi.org/10.1080/08841233.2022.2120158

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Francis, L., DePriest, K., Sharps, P., Wilson, P., Ling, C., Bowie, J., & Thorpe Jr, R. J. (2021). A mixed-methods systematic review identifying, describing, and examining the effects of school-based care coordination programs in the US on all reported outcomes. Preventive Medicine153, 106850. https://doi.org/10.1016/j.ypmed.2021.106850

Ghoozlu, J. K., Vanaki, Z., & Mohammad Khan Kermanshahi, S. (2023). Ethics education: Nurse educators’ main concern and their teaching strategies. Nursing Ethics, 09697330231153685. https://doi.org/10.1177/09697330231153685

Haahr, A., Norlyk, A., Martinsen, B., & Dreyer, P. (2020). Nurses experiences of ethical dilemmas: A review. Nursing Ethics27(1), 258-272. https://doi.org/10.1177/0969733019832941

Harrison, R., Fischer, S., Walpola, R. L., Chauhan, A., Babalola, T., Mears, S., & Le-Dao, H. (2021). Where do models for change management, improvement and implementation meet? A systematic review of the applications of change management models in healthcare. Journal of Healthcare LeadershipVolume 13, 85–108. https://doi.org/10.2147/jhl.s289176

Jones, K. M. (2019). Learning analytics and higher education: A proposed model for establishing informed consent mechanisms to promote student privacy and autonomy. International Journal of Educational Technology in Higher Education16(1), 1-22. https://doi.org/10.1186/s41239-019-0155-0

Kim, W. J., & Park, J. H. (2019). The effects of debate-based ethics education on the moral sensitivity and judgment of nursing students: A quasi-experimental study. Nurse Education Today83, 104200. https://doi.org/10.1016/j.nedt.2019.08.018

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Marachi, R., & Quill, L. (2020). The case of canvas: Longitudinal datafication through learning management systems. Teaching in Higher Education25(4), 418-434. https://doi.org/10.1080/13562517.2020.1739641

Poorchangizi, B., Borhani, F., Abbaszadeh, A., Mirzaee, M., & Farokhzadian, J. (2019). The importance of professional values from nursing students’ perspective. BioMed Central Nursing18, 1-7. https://doi.org/10.1186/s12912-019-0351-1

Rainsberger, R. (2019). Understand “legitimate educational interest” under FERPA. Disability Compliance for Higher Education24(9), 7–7. https://doi.org/10.1002/dhe.30618

Ratana, S., Raksmey, C., & Danut, D. (2020). Conceptualizing a framework: A critical review of the development of change management theories. Studies in Business and Economics15(2), 205-214. https://doi.org/10.2478/sbe-2020-0035

Rath, D. K., & Kumar, A. (2021). Information privacy concern at individual, group, organization and societal level-a literature review. Vilakshan-XIMB Journal of Management18(2), 171-186. https://doi.org/10.1108/XJM-08-2020-0096

Reamer, F. G. (2023). Standards of care in social work: Ethical and risk management implications. Social Work68(4), 277-285. https://doi.org/10.1093/sw/swad023

Shahzad, S., Ali, N., Younas, A., & Tayaben, J. L. (2021). Challenges and approaches to transcultural care: An integrative review of nurses’ and nursing students’ experiences. Journal of Professional Nursing37(6), 1119-1131. https://doi.org/10.1016/j.profnurs.2021.10.001

Tavani, F. M., Behshid, M., Rahmani, A., Mousavi, S., Seif-Farshad, M., & Rahmani, P. (2022). Relationships between ethical decision-making and professional behavior in Iranian nursing students. Journal of Medical Ethics and History of Medicine15https://doi.org/10.18502%2Fjmehm.v15i4.10190

NURS FPX 6103 Assessment 5 Teaching About Legal and Ethical Issues

Tripathy, S. K., Jain, M., & Sen, R. K. (2023). Ethical practice for postgraduate students in orthopedics: Nurturing professionalism and patient care. Indian Journal of Orthopaedics57(11), 1735-1743. https://doi.org/10.1007/s43465-023-00994-4

Turnbull, D., Chugh, R., & Luck, J. (2021). Transitioning to e-learning during the COVID-19 pandemic: How have higher education institutions responded to the challenge?. Education and Information Technologies26(5), 6401-6419. https://doi.org/10.1007/s10639-021-10633-w

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