Secondary School Policies: Release of Student Disciplinary Information to Colleges

Transcription

1 NACAC s Research to Practice Brief A RESEARCH SERIES OF THE NATIONAL ASSOCIATION FOR COLLEGE ADMISSION COUNSELING ISSUE Secondary School Policies: Release of Student Disciplinary NACAC s Statement of Principles of Good Practice (SPGP) states: Best Practices Counseling members should: Report any significant change in a candidate s academic status or qualifications, including personal school conduct record between the time of recommendation and graduation, where permitted by applicable law. Establish a written policy on disclosure of disciplinary infractions in their communications to colleges. Research highlights: Only 26 percent of secondary schools have written policies on disclosure of student disciplinary information to colleges. Thirty-eight percent of secondary schools report that they do not disclose student disciplinary information. Twenty-three percent report that they disclose, and 39 percent report that they disclose only in some cases. Major themes in school s disclosure policies include: disclosing major infractions only disclosing disciplinary infractions only when requested placing responsibility for disclosure on the student (with assistance provided) expecting colleges to obtain relevant information from public records. Implications for practice: School leaders should define a school/district policy that provides guidance to school officials regarding the disclosure of student disciplinary information. Inside This Issue: Release of Student Disciplinary Implications for Practice Examples of Secondary School Policies Links The National Association for College Admission Counseling offers this publication to assist college admission counseling professionals in three primary ways: (1) to help professionals understand best practice for reporting student disciplinary information to colleges; (2) to review data about policies and practices high schools employ in reporting student disciplinary information to colleges; and (3) to share sample disclosure policies with professionals involved in college admission counseling. Disclosure policies should incorporate the use of parent/student consent procedures. Schools should publicize their disclosure policies to students, parents and colleges.

2 FEATURE Secondary School Policies: Release of Student Disciplinary Background Following school tragedies that have raised concerns among educators, parents and school officials about the safety of students, school counseling and admission professionals have posed questions regarding the conditions under which confidential student information can be shared. In order to better understand high school practices and policies related to the disclosure of student disciplinary information during the college application and admission process, NACAC included a supplemental component on its 2007 Counseling Trends Survey. The supplement was designed to ascertain whether secondary schools have a written policy pertaining to the disclosure of student disciplinary infractions and whether, as a matter of practice, secondary schools allow the disclosure of student disciplinary actions to colleges. Secondary schools also were asked to either include copies of their policies or to describe their general unwritten guidelines related to the issue. The NACAC survey was distributed to 10,000 secondary school counseling offices in May 2007, and 2,306 offices responded. Eighty-four percent of responses were from public schools, which is fairly representative of the overall proportion of public secondary schools in the US. 1 Written Policies and Practices on the Disclosure of Student disciplinary information NACAC s Statement of Principles of Good Practice (SPGP) includes a best practice for counseling members to establish written policies on the disclosure of disciplinary information to colleges. However, results of NACAC s survey indicate that nearly threequarters (74 percent) of secondary schools do not have written disclosure policies. Irrespective of having a written policy, counselors also were asked to report on their schools general practices related to disclosure of disciplinary information during the college application process. Nearly one-quarter (23 percent) of counseling offices responded that their schools disclose student disciplinary information, and an additional 39 percent reported that their schools disclose in some cases (see Table 1). Private schools were more than twice as likely as public schools to both have a written policy on disclosure (49 percent versus 21 percent) and to report that they disclosed student disciplinary information (44 percent versus 19 percent). Differences also were observed by other school characteristics, including enrollment Continued on page 3 NACAC s Statement of Principles of Good Practice (SPGP) includes a best practice for counseling members to establish written policies on the disclosure of disciplinary information to colleges. However, results of NACAC s survey indicate that nearly three-quarters (74 percent) of secondary schools do not have written disclosure policies. Irrespective of having a written policy, counselors also were asked to report on their schools general practices related to disclosure of disciplinary information during the college application process. Nearly one-quarter (23 percent) of counseling offices responded that their schools disclose student disciplinary information, and an additional 39 percent reported that their schools disclose in some cases. 1 Additional details regarding survey administration and respondent characteristics are presented in NACAC s 2008 State of College Admission report (Clinedinst, M.E., State of College Admission, ed. David Hawkins, September 2008) : RESEARCH TO PRACTICE BRIEF

3 FEATURE Secondary School Policies: Release of Student Disciplinary Continued from page 2 Table 1. Percentage of secondary schools that have written policies on the disclosure of student disciplinary information and percentage that allow disclosure, by selected school characteristics: 2007 Percentage of schools that have written policies on disclosure Percentage of schools that allow disclosure Yes In some cases No Total 25.9% 23.1% 38.8% 38.0% Control Public Private Private non-parochial Private parochial Population of city/town Fewer than 25,000 people (rural) ,000 to 249,999 (suburban) ,000 or more (urban) Enrollment Fewer than 500 students to ,000 to 1, ,500 to 1, ,000 or more Free and reduced price lunch 0 to 25% of students eligible to 50% to 75% to 100% Student-to-counselor ratio 100:1 or fewer :1 to 200: :1 to 300: :1 to 400: :1 to 500: More than 500: SOURCE: NACAC Counseling Trends Survey, Continued on page : RESEARCH TO PRACTICE BRIEF 3

4 FEATURE Secondary School Policies: Release of Student Disciplinary Continued from page 3 size, percentage of students eligible for free and reduced price lunch (FRPL) and student-to-counselor ratios. Interestingly, no differences were observed by enrollment size in whether a school had a policy, but larger schools were found to be more likely to disclose information (see Table 1). Results of the survey also indicated that schools that had written policies about the disclosure of student disciplinary information were more likely to report that they allowed disclosure compared to those schools that did not maintain written policies (31 percent versus 20 percent). School leaders may be more comfortable allowing disclosure of information when a policy is in place to protect against any challenges from students or parents. Factors Considered in the Release of Student Disciplinary More than 650 secondary schools either provided copies of their written policies on disclosure of disciplinary information or provided written descriptions of their general practices. Table 2 summarizes the main themes that emerged from these responses. NACAC s SPGP recommends as a best practice that counseling members report any significant changes in an applicant s status, including the personal school conduct record. The most common themes related to disclosure that emerged from the survey results fell into three different categories: 20 percent reported disclosing only major infractions, 22 percent reported disclosing only when the information was requested by colleges and 21 percent reported that they did not disclose either because they felt it was the student s responsibility or that any offense worthy of reporting would be part of the public record (see Table 2). Secondary schools that indicated disclosure is the student s responsibility also reported being proactive in assisting students and parents with this responsibility. Private schools were far more likely to report that they disclosed information about major infractions to colleges. Public schools were more likely than private schools to report that they disclose with student/parent approval or that they do not disclose except to comply with court requests (see Table 2). Table 2. Secondary school disclosure practice themes, by control of school All Schools Public Private Yes All information Yes Only major infractions Yes When requested Yes As directed or decided on by school administration Yes With student/parent disclosure approval Yes When behavior imposes risks to self or others Yes At the discretion of the counselor Yes Determined on a case-by-case basis No Reporting is the responsibility of the student; Legal infractions are available via public records; Comply with legal and court requests No Data are not maintained by or available to counselors SOURCE: NACAC Counseling Trends Survey, : RESEARCH TO PRACTICE BRIEF

5 FEATURE Implications for Practice In general, school disclosure policies and practices are governed by the Family Educational Rights and Privacy Act (FERPA) a federal law that protects the privacy of students educational records. At the K 12 school level, FERPA provides parents with the right to: inspect their children s educational records to amend information in the records they believe to be inaccurate, misleading or an invasion of privacy consent to the disclosure of personally identifiable information from their children s education records. School personnel across various staff levels board members, district administrators, principals, counselors, and legal counsel should actively pursue the development of school-based policies pertaining to the disclosure of disciplinary information. Such policies should clearly delineate what items are considered components of the student s educational records, what information is under the purview of school safety/law enforcement units, circumstances and behaviors that are considered life threatening to an individual student and others, and procedures for responding to information requests. Additionally, the policy should include guidelines about appropriate dissemination of the information. Finally, the policy development process should fully consider NACAC s SPGP. These rights transfer from the student s parents to the student when a student turns 18 years old or enters a postsecondary institution at any age. In response to school tragedies that have garnered national attention, the US Department of Education has issued additional guidelines addressing the interpretation of FERPA. Guidance is provided in a series of brochures designed for school officials and parents. These materials are available through the Department of Education s Web site at: fpco/ferpa/safeschools/index.html. In consideration of the research findings discussed above and current federal legislation, several next steps could be considered by high school counselors and secondary school leaders. These actions are discussed below. Define a school/district policy that provides guidance to school officials regarding the disclosure of student disciplinary information. Many counselors report that their schools lack clear, written policies that address the disclosure of student disciplinary information to colleges during the college application process. Consequently, many school personnel are left to make disclosure decisions on a case-by-case basis; assess what, if any, information should be shared when requested; judge if behavior infractions are a safety threat to the individual or others; and determine when a student/parent disclosure statement should be required. Incorporate the use of parent/student consent forms in disclosure procedures. A key element of FERPA requires school personnel to request written consent before disclosing student s personally identifiable information to individuals other than the student/parent. Although FERPA provides guidelines for situational exceptions to this requirement, schools should include the use of consent forms in relation to their disclosure practices. The research findings cited above suggest that this practice should be given much more emphasis by high school personnel. Publicize information regarding disclosure policies. Counselors should have information readily available for students, parents and college representatives that describes the school/district disclosure policies and guidelines for its interpretation. In addition, informative materials related to FERPA should be accessible. Additional guidelines addressing the interpretation of FERPA are available through the Department of Education s Web site at: : RESEARCH TO PRACTICE BRIEF 5

6 SURVEY RESULTS Examples of Secondary School Policies The following are examples of secondary school disclosure policies that were collected through NACAC s 2007 Counseling Trends Survey. 1 All references to school names have been removed to preserve anonymity. Basic descriptive information about each school control, region and enrollment size has been included to provide context. These policies are included to provide concrete examples of the themes mentioned in an earlier section of this brief. Specific policies are not endorsed by NACAC as appropriate for all schools. Private; Middle States; Enrollment unknown The school expects all students to model a high level of citizenship and responsibility. Therefore, when students are asked on college applications about disciplinary actions during their Upper School years, students are expected to answer truthfully and completely. The school reports to colleges any serious disciplinary actions against a student during the senior year. The School complies with the procedures outlined in the National Association for College Admission Counseling s (NACAC) Statement of Principles of Good Practice. Those principles include reporting to colleges any change in status in academic performance or serious violations of school rules or standards of conduct that result in disciplinary action during the senior year. Change of Status disciplinary action includes probation, out-of-school suspensions and expulsions. Seniors are encouraged to work with the college counselor when such actions occur. Seniors should initiate a letter to the Director of Admissions at each institution to which the student has applied. Letters of explanation must be mailed within seven days of the change of status. A general letter from the college counselor will follow. Public; New England; Enrollment 1260 Failure to follow the code of conduct and the impact in college application: Institutions of higher learning are interested in the character of applicants as well as the student s academic ability and performance. Some colleges specifically ask the school about disciplinary actions; all institutions wish to know about major school infractions such as cheating, stealing or causing damage to persons or property. The school has the responsibility to convey such information to colleges. In the case of a major infraction on the part of a senior, the assigned administrator will fill out a disciplinary report that is sent to the colleges/ educational institutions to which the student is applying. The student will be apprised of the report and subsequent mailing to colleges/educational institutions. Private; South; Enrollment 350 The school is an institutional member of the National Association for College Admission Counseling (NACAC) and supports the membership policies and ethical principles included in their Statement of Principles of Good Practice. The School policy, according to NACAC guidelines, is to report any significant change in a candidates academic status or qualifications, including conduct record, between the time of recommendation and graduation... These include but are not limited to significant drop in grades, honor violations, probation, suspension and dismissal. Seniors who are guilty of violations will be expected to notify their college(s) of the situation and the school will follow up with a letter. Students who have had disciplinary or honor infractions (i.e. plagiarism) prior to the senior year are expected to respond honestly on any college application that asks questions such as Are you currently or have you ever been charged with or subject to disciplinary action for scholastic or any other type of misconduct at any educational institution? or Have you ever been dismissed, placed on probation or suspended from an educational institution? The College Counselor will be available to assist in the process of notification of a college regarding disciplinary or honor infractions. Private; West; Enrollment 500 Disclosure Policy of the School The School s policy regarding disclosure of disciplinary records is that we will notify colleges/schools that request such information of infractions resulting in probation, suspension or dismissal from this school. We do not report disciplinary actions that occurred at previous schools attended. Nor do we report academic probation to the colleges because those are internal measures students use to improve their performance. The performance is reflected on their transcripts. An exception to this is listed below. If a student s disciplinary standing changes substantially at any time after the college admissions process has begun, we will notify the colleges. We counsel students to provide colleges with further information, any extenuating circumstances, and the effects of the action upon them. If a student withdraws from the School to avoid disciplinary action, we reserve the right to report the infractions to the colleges. Private; Region unknown; Enrollment unknown Good Citizenship Most colleges ask on their applications if you have ever been convicted of a crime or if you have ever been suspended or Continued on page 7 1 The last two policies listed were submitted to the NACAC E-LIST : RESEARCH TO PRACTICE BRIEF

7 SURVEY RESULTS Examples of Secondary School Policies Continued from page 6 expelled from school. If you have, you have to answer truthfully, and you will probably have to provide an explanation. The School is a member of the National Association for College Admission Counseling and as such subscribes to its Statement of Principles of Good Practice. Accordingly, the School will provide colleges to which a student has applied whatever information the College Counseling Office believes is appropriate and/or is requested concerning that student. This also applies to any change in your status between the time of application and graduation. It includes, but is not restricted to, a major drop in grades, honor violations, probation, suspension and dismissal. In addition, The School expects its students to honor NACAC s Statement of Students Rights and Responsibilities (p.30). Private; New England; Enrollment 370 Upon direct request from the colleges for information pertaining to a student s discipline record, the student must honestly and fully disclose if he or she has been subject to a disciplinary response including, but not limited to, probation, suspension, dismissal or withdrawal from the school. Upon direct request from the colleges for information pertaining to a student s discipline record, college counselors will honestly and fully disclose if a student has been subject to a disciplinary response, including, but not limited to, probation, suspension, dismissal or withdrawal from the school. The student should work closely with the college counselor to ensure that both are responding in a consistent and thoughtful manner. If a student s disciplinary status changes after the filing of college applications, the student has the opportunity and obligation to inform all schools to which an application has previously been submitted or the school at which the student has submitted an enrollment deposit. The student should notify the college or colleges within two weeks from the date of the change in status. Two weeks after the change in status, the Director of College Counseling will notify the colleges in writing that the student s status has changed and the reason for the change. The college admission officer will be directed to the student and the family for further information. Students are also required, when directly requested, to disclose disciplinary responses for violations of the Honor Code. This policy is in compliance with the National Association for College Admission Counseling s Statement of Principles of Good Practice. Public; Midwest; Enrollment 1500 I authorize the release of my son s/daughter s school transcript and other relevant school records to the colleges, universities and scholar- ship programs to which he/she applies. I understand that teacher and counselor recommendations are confidential documents and hereby waive access to them. I understand that it is the policy of the schools to inform colleges of serious disciplinary matters (i.e., those resulting in probation, out-of-school suspension, or dismissal) and authorize the release of that information. I acknowledge my obligation to be honest with my college counselor and with the colleges to which my son/daughter is applying. I understand that it is the student s responsibility to notify the counseling office of those colleges and programs for which a transcript is needed and to do so at least two weeks before the due date. Student Name: (Print) Date of Birth: Parent/Guardian Name: (Print) Parent/Guardian Signature: Date: Descriptive information unknown Reporting Student Discipline: Student discipline at the School is predicated on the fact that learning takes place best in a safe and orderly environment. On those occasions when school rules are violated, the school administration acts in a manner that balances the needs of the learning community with that of the individual. During the college search and application process, the School does not proactively inform colleges of disciplinary records on students; however, the Common Application, as well as those Colleges and Universities that do not subscribe to the Common Application, are explicitly asking students as part of the application whether or not they have been found responsible for a disciplinary violation at an educational institution you have attended from 9th grade (or the international equivalent) forward, whether related to academic misconduct or behavior misconduct, that resulted in your probation, suspension, removal, dismissal, or expulsion from the institution. We encourage students to answer this question honestly and openly. In those instances when the question is answered in the affirmative, counselors will assist families in developing a personal statement that will help contextualize the situation. On the occasions when a college calls the School to inquire about a suspension, we require written permission from families before we would discuss a disciplinary matter. Continued on page : RESEARCH TO PRACTICE BRIEF 7

8 Examples of Secondary School Policies Continued from page 7 Descriptive information unknown Disciplinary Procedures: Discipline at the School is regarded as part of the educational process and, normally, an internal matter. Nevertheless certain choices that students make have consequences that reach beyond our walls. Specifically, colleges are becoming increasingly concerned about student behavior on their own campuses and now routinely ask both the student and school about an applicant s high school discipline record. At the School students are expected to and college counselors will report Category I suspensions received during the junior and senior years at the School to colleges to which a student applies or has applied for admission. If a college requests information about a student s high school disciplinary record, students are expected to disclose the information that the colleges seek. In this case, college counselors will report Category I suspensions received at any time at the School. College counselors will report relevant information at the time the application is submitted, while the application is being reviewed, or after the admission decision has been made, depending upon when the infraction occurs. Please note that as of the school year, the Common Application asks about disciplinary violations for all four years of high school and we will be reporting the School suspensions accordingly. When a student has been separated from the School for any reason, colleges to which the student is applying or where the student is holding an active acceptance will be notified. Our underlying belief at the School is that we are advocates for our students, and the college counselors will work closely with students and families in reporting these matters to colleges. Links NACAC Statement of Principles of Good Practice FERPA Guidelines : RESEARCH TO PRACTICE BRIEF