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Exploring How Higher Education Practitioners and Administrators in California Protect Undocumented Students via the Family Educational Rights & Privacy Act of 1974 (FERPA)
- Aparicio Aguilar, Ariana
- Advisor(s): Del Real Viramontes, José R
Abstract
This dissertation examines how higher education practitioners and administrators interpret and implement the Family Educational Rights and Privacy Act (FERPA) in ways that impact undocumented students. Although FERPA is a federal law designed to protect student records in educational agencies and institutions, its interpretation is often inconsistent across roles, leaving undocumented students vulnerable to data exposure and institutional harm. This study investigates how including administrators and practitioners who are responsible for serving undocumented students through Undocumented Student Programs and an Undocumented Student Resource Center, interpret and implement the FERPA law within their work. Using qualitative semi-structured interviews with seven professionals from one public university in California. Participants discussed their institutional practices, training, and best practices related to FERPA, especially when working with undocumented students. Data was coded thematically using Critical Race Theory in education to explore how interpretations of FERPA are shaped by the institutional policies and expectations of the different roles. Findings reveal gaps in institutional guidance and a wide range of understanding, a lack of FERPA training, and uncertainty and fear shape practitioners’ practices. All the participants working with undocumented students acted with caution by strategically using the AB 540 and CADAA as proxy identifiers, while others expressed protecting students through intentional discretionary practices. I urge practitioners and administrators to reinforce their understanding of FERPA protections within their roles to protect undocumented students, even if their institution does not require them to do an annual training. The study offers practical recommendations for equity-centered FERPA implementation, including stronger protections for undocumented students and a FERPA retraining of staff and faculty through UndocuAlly trainings. The study contributes to the literature on FERPA, undocumented student resource centers, and legal compliance by illuminating how privacy laws are enacted in practice and how institutions can align legal responsibilities with social justice goals.