In a previous entry, I laid out this scenario:

You want to use some Web 2.0 technology in your course, so you have each student create a blog on Blogger to have them chronicle their work and thoughts through the term. As an instructor, you visit these sites and leave comments on the blog. In order for you to keep track of which student has which blog, you ask them to have their names on the front page of their blog and for them to e-mail you the URL so that you can go through them all, moving from one blog to the next. No grades are shared via the blog, and your final evaluation for the student comes in feedback that you provide within the Gradebook area of Blackboard.

Is this a violation of FERPA?

There were some very good answers in the comments section, and now it’s time for me to share mine.

The short answer is yes.

There are a few land mines in this scenario, but the one that jumps out to me is that the instructor leaves comments on the blog regarding the student’s posts. When an instructor reads a student-submitted work—as a blog would be when it is read and graded by the instructor—it is then considered part of the student’s educational record. Remember the definition of an educational record according to FERPA (PDF): “Education records are currently defined as records that are directly related to a ‘student’ and maintained by an ‘educational agency or institution’ or by a party acting for the agency or institution.” When the instructor leaves evaluative feedback for the student in a comment to the post, he or she violates FERPA by making his or her evaluation of that part of the student’s educational record public.

Another land mine in this scenario is the fact that the blogs were not necessarily made private, so anyone could view them and associate the student’s name with the course they are taking and reveal that they are students in a particular course, term, and institution. Requiring the student’s name to appear on the front page is also a red flag.

Since you were so good at answering my last question, I pose another to you: what could an instructor do differently in this assignment to keep the academic objective of the assignment (self-reflection) without violating FERPA?