Comment by trollbridge
3 hours ago
FERPA allows emailing confidential information to a student email on record if the university controls the email account. Most universities offer their own email service (and require using it) for this exact reason.
There is no more risk of access to email than there is to Canvas. They are usually secured by the same SSO, too.
However, congratulations for finding the exact dodge around implementing a useful feature. Back when I worked at a university, it was apparent we had a “toolbox” of reasons to deny requests we didn’t want to do: HIPAA, FERPA, ERISA, PCI, GLBA, Title IX, ADA.
“We can’t do that integration with student health services due to HIPAA concerns.”
“We can’t implement that sign up form due to FERPA.”
“We can’t update that site because we’d have to do so and be ADA compliant and that would cost too much.”
“Due to Dining Services’ server being in scope for PCI, we can’t run reports off of it.”
“Adding that ability to Student Affairs’ portfolio app would raise Title IX concerns.”
It was great. You had endless excuses to say why you can’t email a student their grade.
I already said it's not about common sense, it's about legal risk.
It's about edge cases like someone set up your email to forward all your emails to their account without you knowing. Or other additional situations you could imagine.
There is no benefit to not emailing grades directly, from the perspective of Instructure. There is no ulterior motive here. But universities are genuinely risk-averse and their lawyers tell them that not including the grade in the email simply shuts down one more avenue for some potential lawsuit. Which costs money to defend even if a university wins it.
This isn't some kind of "dodge". This is literally just Instructure doing what university lawyers demand.
I agree with you that the email address is generally always also controlled by the school and has the same login authentication. It doesn't matter. I told you this isn't about common sense. This is about lawyers saying that it could reduce legal risk. And that is a true thing that is coming from real lawyers. Even if you disagree with those lawyers.
And Instructure isn't going to try to disagree with lawyers for its own potential customers. It's going to give the schools what they want, which is not revealing grades via email.
It's not a "dodge."
Then the lawyers are incompetent morons. There's "no benefit" to telling the student their own grade at all when viewed from that perspective. You could just not give them any feedback. Or you could allow them to consent to it, which is what the law asks.
It is a dodge. Society should not just say "oh those silly lawyers". These people are not being responsible. They are not doing their jobs.
No, the lawyers are not "incompetent morons", and I highly doubt you have the legal training and domain experience to be qualified to make that assertion.
You would be surprised at the number of frivolous lawsuits and seemingly "zero risk" decisions that wind up turning into actual legal risk and legal fees.
The legal world is a lot more complicated than you think. I've been in some of these conversations. Quite frankly, you don't know what you're talking about.
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