# data[].attributes.body
1. Include a description of your professional perspective and field of education

2. A description of the audience and topic of the Legal Guide

3. Include why you chose this topic.

# data[].attributes.body
I chose this topic because, as an educational counselor, I recognize the importance of maintaining the trust of K-12 students and their families by ensuring the confidentiality and security of student data. With the growing use of technology in schools, there is an increased risk of data breaches and unauthorized access to sensitive information. Understanding and complying with Texas Education Code §32.151 is essential for educators and administrators to protect student data and maintain a secure educational environment.

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Description of Professional Perspective and Field of Education

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Description of Professional Perspective and Field of Education

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As an educational counselor, my professional perspective is rooted in providing holistic support to students to ensure their academic, personal, and career development. This involves guiding students through the complexities of educational choices, helping them identify and cultivate their interests and strengths, and assisting them in setting and achieving their academic and career goals. A crucial aspect of my role is fostering a safe and supportive environment where students can thrive.

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The audience for the legal guide on Texas Education Code §32.151 includes a diverse group of educational professionals and stakeholders responsible for safeguarding student data privacy and security within Texas school districts for students K-12 (Texas Education Code §32.151, 2024). This legal guide is geared for counselors, educators, Administrators, and the IT staff.

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1. Identify credible news periodicals and two articles (one for each slide) related to your topic,

2. provide a citation, link, and a bulleted summary of how the news articles inform the current state of issues related to your topic. The articles may describe situations in the schools related to your topic or specifically discuss trends related to your topic.

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1. Identify four (4) important original laws related to your topic, one law for each slide. The laws should represent the four sources of law and both federal/state levels.

2. Include the source of law, citation, link to full text of law, and a brief bulleted list about the law and the legal requirements. (Please note: this is what you are submitting in Module 5, so you should use your feedback and make revisions to get full credit.)

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1. Identify one item in your professional code of ethics related to your topic or related to an ethical dilemma that can come up in scenarios related to your topic.

2. Include the ethical code item, citation for the code of ethics, link to the code of ethics, and approximately 2 sentences explaining the connection to your topic. (Return to Module 2 for a list of the most common ethical codes used by educators.)

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1. Identify any book/website/report that is from a non-law source (does not represent the four sources of law) helpful for professionals in your field to learn about your topic.

2. Include the citation, link, and 2-3 sentences about the resource and how it informs your topic.

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Analyze your content and summarize for your audience a list of at least 6 and no more than 10 bulleted statements of recommendations related to educational practice for this topic or best practices for legal compliance.

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Elementary and Secondary Education Act (ESEA)

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Elementary and Secondary Education Act (ESEA)

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Source of Law: Federal Statutory Law

Citation: 20 U.S.C. § 6301 et seq.

Link: ESEA Full Text

Key Points:

Ensures equal access to education (U.S. Department of Education, 2023).

Requires states to develop standards and assessments (U.S. Department of Education, 2023).

Provides federal funding to improve education, especially in low-income areas (U.S. Department of Education, 2023).

# data[].attributes.body
American Counseling Association. (2014). ACA code of ethics. Retrieved from https://www.counseling.org/knowledge-center/ethics

Bulger, M. (2016). Personalized learning: The conversations we’re not having. Data & Society Research Institute. Retrieved from Data & Society.

Coffey, L. (2023, June 15). Tutor.com Faces Senate Scrutiny Over Privacy Concerns. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/06/15/tutorcom-faces-senate-scrutiny-over-privacy-concerns

EDUCAUSE. "Student Data Privacy and Security: A Call for Transparent Practices." EDUCAUSE Review, October 3, 2022. Retrieved from https://www.educause.edu

Hinkle, J. S., & McCoy, J. (2020). Counseling children and adolescents: Connecting theory, development, and diversity. Pearson. Retrieved from https://www.pearson.com/store/p/counseling-children-and-adolescents/P100000112362

Regan, P. M., & Jesse, J. (2019). Ethical challenges of edtech, big data, and personalized learning: Twenty-first century student sorting and tracking. Ethics and Information Technology, 21(3), 167-179. doi:10.1007/s10676-019-09515-0

Singer, N. (2018). Privacy concerns as education apps spread haphazardly. The New York Times. Retrieved from The New York Times.

Stewart, B. (2023, May 11). Why Higher Ed Needs Data Ethics. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/05/11/why-higher-ed-needs-data-ethics

Texas Education Code §32.151. (2024). Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Texas Education Code. (2023). Texas Education Code Annotated. Tex. Educ. Code Ann. § 1.001 et seq. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm

Texas Education Agency. (2023). Student data privacy and security. Retrieved from https://tea.texas.gov/academics/technology-and-data/student-data-privacy

Texas Legislature. (2019). Texas House Bill 3, 86th Legislature. Tex. H.B. 3. https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00003F.htm

U.S. Department of Education. (2020). Protecting Student Privacy. Retrieved from U.S. Department of Education.

U.S. Department of Education. (2023). Elementary and Secondary Education Act of 1965. 20 U.S.C. § 6301 et seq. https://www.congress.gov/bill/114th-congress/house-bill/5/text

U.S. Department of Education. (2023). Individuals with Disabilities Education Act. 20 U.S.C. § 1400 et seq. https://sites.ed.gov/idea/statute-chapter-33

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Individuals with Disabilities Education Act (IDEA)

# data[].attributes.subject
Individuals with Disabilities Education Act (IDEA)

# data[].attributes.body
Source of Law: Federal Statutory Law

Citation: 20 U.S.C. § 1400 et seq.

Link: IDEA Full Text

Key Points:

Ensures students with disabilities receive a free appropriate public education (FAPE) (U.S. Department of Education, 2023).

Mandates the development of individualized education programs (IEPs) (U.S. Department of Education, 2023).

Requires parental involvement in educational decisions (U.S. Department of Education, 2023).

# data[].attributes.body
Source of Law: State Statutory Law

Citation: Tex. Educ. Code Ann. § 1.001 et seq.

Link: Texas Education Code Full Text

Key Points:

Governs public education in Texas.

Outlines requirements for school governance and student services.

Establishes standards for teacher certification and school accountability (Texas Education Code, 2023).

# data[].attributes.attachment_link.readable_text
EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 32. COMPUTERS, COMPUTER-RELATED EQUIPMENT, AND STUDENT INFORMATION PROTECTION



SUBCHAPTER A. POWERS AND DUTIES OF STATE BOARD OF EDUCATION RELATING TO ELECTRONIC INSTRUCTIONAL TECHNOLOGY AND COMPUTER-RELATED EQUIPMENT



Sec. 32.001. DEVELOPMENT OF LONG-RANGE PLAN. (a) The State Board of Education shall develop a long-range plan for:


(1) acquiring and using technology in the public school system;


(2) fostering professional development related to the use of technology for educators and others associated with child development;


(3) fostering computer literacy among public school students so that by the year 2000 each high school graduate in this state has computer-related skills that meet standards adopted by the board; and


(4) identifying and, through regional education service centers, distributing information on emerging technology for use in the public schools.


(b) The State Board of Education shall update the plan developed under Subsection (a) at least every five years.


(c) The State Board of Education, in coordination with the Texas Higher Education Coordinating Board and other public agencies and institutions the State Board of Education considers appropriate, shall propose legislation and funding necessary to implement the plan developed under Subsection (a).


(d) In developing the plan, the State Board of Education must consider accessibility of technology to students with disabilities.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 32, eff. June 9, 2017.


Sec. 32.002. AUTHORITY OF SCHOOL DISTRICT. A school district is not required by this subchapter to acquire or use technology that has been approved, selected, or contracted for by the State Board of Education or the commissioner.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 32.003. AUTHORITY OF COMMISSIONER TO CONTRACT. The commissioner may contract with developers of technology to supply technology for use by school districts throughout this state.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 32.004. FEES. The State Board of Education, on the commissioner's recommendation, may establish a reasonable fee for services provided under this chapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER B. STATEWIDE DEVELOPMENT OF TECHNOLOGY AND TELECOMMUNICATIONS



Sec. 32.031. PURPOSE. To prepare students for the 21st century, it is the policy of this state that a superior education should be available to all students under a thorough and efficient system of public education. Educational resources shall be devoted to the maximum extent possible to the instruction of students. To accomplish those purposes, public education must use, in a comprehensive manner, appropriate, accessible technology in all aspects of instruction, administration, and communication.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 32.032. ELECTRONIC INFORMATION SYSTEM. (a) The agency shall establish and maintain an accessible electronic information transfer system, as provided by State Board of Education policy, that is capable of transmitting information among school districts, regional education service centers, and other education-related entities and state agencies.


(b) The commissioner may contract with suppliers of computer hardware, software, or communications equipment or services to provide accessible goods or services to school districts, regional education service centers, or the agency. The State Board of Education by rule shall adopt standards for hardware, software, and communications equipment, training, and services supplied through contract under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 32.033. INTEGRATED TELECOMMUNICATIONS SYSTEM. (a) The agency, in coordination with institutions of higher education and other public or private entities, may maintain and expand, as needed, the telecommunications capabilities of school districts and regional education service centers. The agency shall design and implement a telecommunications system for distance learning throughout the state.


(b) To the extent necessary, the State Board of Education shall conduct feasibility studies related to accessible telecommunications capabilities of school districts and regional education service centers.


(c) According to priorities determined by the State Board of Education, the commissioner may contract with a public broadcasting system or another supplier of telecommunications equipment, programming, training, or services to provide equipment, programming, training, or services to school districts, regional education service centers, or the agency.


(d) In providing additional telecommunications capabilities under Subsection (a), the agency shall give priority to school districts with limited financial resources.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 23, eff. Sept. 1, 2003.


Sec. 32.034. CENTER FOR EDUCATIONAL TECHNOLOGY. (a) The commissioner, as provided by State Board of Education policy, may enter into an interagency contract with a public institution of higher education or a consortium of public institutions of higher education in this state to sponsor a center for educational technology under this section.


(b) The purpose of the center is to improve the quality and efficiency of the educational process through research, development, or site evaluation of:


(1) existing and new applications of technology specifically designed for educational applications; and


(2) educational applications of technology originally developed for commercial or other purposes.


(c) The membership of the center shall consist of public school educators, regional education service centers, institutions of higher education, nonprofit organizations, and private sector representatives. The State Board of Education shall establish membership policies for the center.


(d) The board of directors of the center shall be appointed by the State Board of Education and shall consist of:


(1) representatives of the center, including members of the public education system;


(2) a representative of each sponsoring institution of higher education; and


(3) the commissioner or the commissioner's representative.


(e) The board of directors shall:


(1) employ a director for the center; and


(2) establish priorities for the center's activities.


(f) The director is responsible for the center's activities.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 1, eff. September 1, 2015.


Sec. 32.035. DEMONSTRATION PROGRAMS. (a) The agency shall establish demonstration programs to:


(1) investigate the uses, effectiveness, and feasibility of technologies for education; and


(2) provide models for effective education using technology.


(b) The agency may design programs under Subsection (a) to encourage participation by and collaboration among school campuses, school districts, regional education service centers, the private sector, state and federal agencies, nonprofit organizations, and institutions of higher education.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 32.036. PREVIEW CENTERS AND TRAINING PROGRAMS. The agency may establish and provide for the operation of a technology preview center and training program in each regional education service center to assist district and campus personnel in developing and maintaining the comprehensive use of appropriate technology in all aspects of instruction, administration, and communications.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


For expiration of this section, see Subsection (d).



Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner may establish a matching grant program to ensure that all school districts and open-enrollment charter schools have the necessary infrastructure to administer assessment instruments electronically in accordance with the transition plan developed under Section 39.02341.


(b) In establishing the grant program, the commissioner may:


(1) set eligibility criteria to receive a matching grant under the program; and


(2) contract with developers of technology as necessary to ensure the most efficient and cost-effective implementation of Internet connectivity infrastructure for electronic administration of assessment instruments.


(c) In awarding grants under the grant program, the commissioner:


(1) shall prioritize applicants seeking funding for one-time investments in broadband network infrastructure; and


(2) if funds are available after grants are awarded to each eligible applicant described by Subdivision (1), may award grants to applicants seeking funding for annual bandwidth and personnel costs associated with electronic administration of assessment instruments.


(d) This section expires September 1, 2025.


Added by Acts 2021, 87th Leg., R.S., Ch. 1003 (H.B. 3261), Sec. 3, eff. June 18, 2021.


SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS



Sec. 32.101. DEFINITION. In this subchapter, "data processing" has the meaning assigned by Section 2054.003, Government Code.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.


Sec. 32.102. AUTHORITY. (a) As provided by this subchapter, a school district or open-enrollment charter school may transfer to a student enrolled in the district or school:


(1) any data processing equipment donated to the district or school, including equipment donated by:


(A) a private donor; or


(B) a state eleemosynary institution or a state agency under Section 2175.905, Government Code;


(2) any equipment purchased by the district or school, to the extent consistent with Section 32.105; and


(3) any surplus or salvage equipment owned by the district or school.


(b) A school district or open-enrollment charter school may accept:


(1) donations of data processing equipment for transfer under this subchapter; and


(2) any gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment under this subchapter.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.020(f), eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.02, eff. September 28, 2011.


Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is eligible to receive data processing equipment under this subchapter only if the student does not otherwise have home access to data processing equipment, as determined by the student's school district or open-enrollment charter school.


(b) In transferring data processing equipment to students, a school district or open-enrollment charter school shall give preference to educationally disadvantaged students.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.


Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring data processing equipment to a student, a school district or open-enrollment charter school must:


(1) adopt rules governing transfers under this subchapter, including provisions for technical assistance to the student by the district or school;


(2) determine that the transfer serves a public purpose and benefits the district or school; and


(3) remove from the equipment any offensive, confidential, or proprietary information, as determined by the district or school.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.


Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district or open-enrollment charter school may spend public funds to:


(1) purchase, refurbish, or repair any data processing equipment transferred to a student under this subchapter; and


(2) store, transport, or transfer data processing equipment under this subchapter.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.


Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided by Subsection (b), a student who receives data processing equipment from a school district or open-enrollment charter school under this subchapter shall return the equipment to the district or school not later than the earliest of:


(1) five years after the date the student receives the equipment;


(2) the date the student graduates;


(3) the date the student transfers to another school district or open-enrollment charter school; or


(4) the date the student withdraws from school.


(b) Subsection (a) does not apply if, at the time the student is required to return the data processing equipment under that subsection, the district or school determines that the equipment has no marketable value.


Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.


SUBCHAPTER D. STUDENT INFORMATION



Sec. 32.151. DEFINITIONS. In this subchapter:


(1) "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format, that is not publicly available and is:


(A) created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's website, online service, online application, or mobile application for a school purpose;


(B) created by or provided to an operator by an employee of a school district or school campus for a school purpose; or


(C) gathered by an operator through the operation of the operator's website, online service, online application, or mobile application for a school purpose and personally identifies a student, including the student's educational record, electronic mail, first and last name, home address, telephone number, electronic mail address, information that allows physical or online contact, discipline records, test results, special education data, juvenile delinquency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, student identifiers, search activity, photograph, voice recordings, or geolocation information.


(2) "Interactive computer service" has the meaning assigned by 47 U.S.C. Section 230.


(3) "Operator" means, to the extent operating in this capacity, the operator of a website, online service, online application, or mobile application who has actual knowledge that the website, online service, online application, or mobile application is used primarily for a school purpose and was designed and marketed for a school purpose.


(4) "Parent" includes a person standing in parental relation.


(5) "School purpose" means a purpose that is directed by or customarily takes place at the direction of a school district, school campus, or teacher or assists in the administration of school activities, including instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or is otherwise for the use and benefit of the school.


(6) "Targeted advertising" means presenting an advertisement to a student in which the advertisement is selected for the student based on information obtained or inferred over time from the student's online behavior, usage of applications, or covered information. The term does not include advertising to a student at an online location based on the student's visit to that location at that time, or in response to the student's request for information or feedback, without the retention of the student's online activities or requests over time for the purpose of targeting subsequent advertisements.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Sec. 32.152. PROHIBITED USE OF COVERED INFORMATION. (a) An operator may not knowingly:


(1) engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired through the use of the operator's website, online service, online application, or mobile application for a school purpose;


(2) use information, including persistent unique identifiers, created or gathered by the operator's website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or


(3) except as provided by Subsection (c), sell or rent any student's covered information.


(b) For purposes of Subsection (a)(2), the collection and retention of account information by an operator that remains under the control of the student, the student's parent, or the campus or district is not an attempt to create a profile by the operator.


(c) Subsection (a)(3) does not apply to:


(1) the purchase, merger, or any other type of acquisition of an operator by another entity, if the operator or successor entity complies with this subchapter regarding previously acquired student information; or


(2) a national assessment provider if the provider secures the express affirmative consent of the student or the student's parent, given in response to clear and conspicuous notice, and if the information is used solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Sec. 32.153. ALLOWED DISCLOSURE OF COVERED INFORMATION. (a) An operator may use or disclose covered information under the following circumstances:


(1) to further a school purpose of the website, online service, online application, or mobile application and the recipient of the covered information disclosed under this subsection does not further disclose the information unless the disclosure is to allow or improve operability and functionality of the operator's website, online service, online application, or mobile application;


(2) to ensure legal and regulatory compliance;


(3) to protect against liability;


(4) to respond to or participate in the judicial process;


(5) to protect:


(A) the safety or integrity of users of the website, online service, online application, or mobile application; or


(B) the security of the website, online service, online application, or mobile application;


(6) for a school, education, or employment purpose requested by the student or the student's parent and the information is not used or disclosed for any other purpose;


(7) to use the covered information for:


(A) a legitimate research purpose; or


(B) a school purpose or postsecondary educational purpose; or


(8) for a request by the agency or the school district for a school purpose.


(b) A national assessment provider or a provider of a college and career counseling service may, in response to a request of a student, and on receiving the express affirmative consent of the student or the student's parent given in response to clear and conspicuous notice, use or disclose covered information solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities.


(c) An operator may disclose covered information if a provision of federal or state law requires the operator to disclose the information. The operator must comply with the requirements of federal and state law to protect the information being disclosed.


(d) An operator may disclose covered information to a third party if the operator has contracted with the third party to provide a service for a school purpose for or on behalf of the operator. The contract must prohibit the third party from using any covered information for any purpose other than providing the contracted service. The operator must require the third party to implement and maintain reasonable procedures and practices designed to prevent disclosure of covered information.


(e) Nothing in this subchapter prohibits the operator's use of covered information for maintaining, developing, supporting, improving, or diagnosing the operator's website, online service, online application, or mobile application.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Sec. 32.154. ALLOWED USE OF COVERED INFORMATION. This subchapter does not prohibit an operator from:


(1) using covered information:


(A) to improve educational products if that information is not associated with an identified student using the operator's website, online service, online application, or mobile application; and


(B) that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services and to market the operator's services;


(2) sharing covered information that is not associated with an identified student for the development and improvement of educational websites, online services, online applications, or mobile applications;


(3) recommending to a student additional services or content relating to an educational, learning, or employment opportunity within a website, online service, online application, or mobile application if the recommendation is not determined by payment or other consideration from a third party;


(4) responding to a student's request for information or for feedback without the information or response being determined by payment or other consideration from a third party; or


(5) if the operator is a national assessment provider or a provider of a college and career counseling service, identifying for a student, with the express affirmative consent of the student or the student's parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institution of higher education or scholarship provider provides consideration to the operator.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.



Text of section effective until September 01, 2023



Sec. 32.155. PROTECTION OF COVERED INFORMATION. An operator must implement and maintain reasonable security procedures and practices designed to protect any covered information from unauthorized access, deletion, use, modification, or disclosure.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 14, eff. September 1, 2023.



Text of section effective on September 01, 2023



Sec. 32.155. PROTECTION OF COVERED INFORMATION. (a) An operator must implement and maintain reasonable security procedures and practices designed to protect any covered information from unauthorized access, deletion, use, modification, or disclosure.


(b) Any operator that has been approved by the agency or had a product adopted by the agency and possesses any covered information must use the unique identifier established by the Texas Student Data System (TSDS) or a successor data management system maintained by the agency for any account creation, data upload, data transmission, analysis, or reporting to mask all personally identifiable student information. The operator shall adhere to a state-required student data sharing agreement that includes an established unique identifier standard for all operators as prescribed by the agency.


(c) In addition to including the unique identifier in releasing information as provided by Subsection (b), an operator may include any other data field identified by the agency or by a school district, open-enrollment charter school, regional education service center, or other local education agency as necessary for the information being released to be useful.


(d) A school district, open-enrollment charter school, regional education service center, or other local education agency may include additional data fields in an agreement with an operator or the amendment of an agreement with an operator under this section. An operator may agree to include the additional data fields requested by a school district, open-enrollment charter school, regional education service center, or other local education agency but may not require that additional data fields be included.


(e) A school district, open-enrollment charter school, regional education service center, or other local education agency may require an operator that contracts directly with the entity to adhere to a state-required student data sharing agreement that includes the use of an established unique identifier standard for all operators as prescribed by the agency.


(f) A national assessment provider who receives covered information from a student or from a school district or campus on behalf of a student is not required to comply with Subsection (b) or (e) if the provider receives the covered information solely to provide access to:


(1) employment, educational scholarships, financial aid, or postsecondary educational opportunities; or


(2) educational resources for middle school, junior high school, or high school students.


(g) The commissioner may adopt rules as necessary to administer this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 14, eff. September 1, 2023.


Sec. 32.156. DELETION OF COVERED INFORMATION. If a school district requests the deletion of a student's covered information under the control of the school district and maintained by the operator, the operator shall delete the information not later than the 60th day after the date of the request, or as otherwise specified in the contract or terms of service, unless the student or the student's parent consents to the operator's maintenance of the covered information.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


Sec. 32.157. APPLICABILITY. This subchapter does not:


(1) limit the authority of a law enforcement agency to obtain any information from an operator as authorized by law or under a court order;


(2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;


(3) apply to general audience:


(A) websites;


(B) online services;


(C) online applications; or


(D) mobile applications;


(4) limit service providers from providing Internet connection to school districts or students and students' families;


(5) prohibit an operator from marketing educational products directly to a student's parent if the marketing is not a result of the use of covered information obtained by the operator through providing services to the school district;


(6) impose a duty on a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;


(7) impose a duty on a provider of an interactive computer service to review or enforce compliance with this subchapter by third-party content providers;


(8) prohibit a student from downloading, exporting, transferring, saving, or maintaining the student's data or documents; or


(9) alter the rights or duties of the operator, provider, school, parent, or student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other federal law.


Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.


SUBCHAPTER F. EDUCATION INTERNET PORTAL



Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL. (a) The agency shall establish and maintain a student assessment data portal for use by school districts, teachers, parents, students, and public institutions of higher education. The agency shall establish a secure, interoperable system to be implemented through the portal under which:


(1) a student or the student's parent or other person standing in parental relationship can easily access the student's individual assessment data;


(2) an authorized employee of a school district, including a district teacher, can readily access individual assessment data of district students for use in developing strategies for improving student performance; and


(3) an authorized employee of a public institution of higher education can readily access individual assessment data of students applying for admission for use in developing strategies for improving student performance.


(b) The system established under Subsection (a) shall provide a means for a student or the student's parent or other person standing in parental relationship to track the student's progress on assessment instrument requirements for graduation.


(c) The agency shall establish an interoperable system to be implemented through the portal under which general student assessment data is easily accessible to the public.


(d) Student assessment data provided under this section must:


(1) be available on or before the first instructional day of the school year following the year in which the data is collected; and


(2) include student performance data on assessment instruments over multiple years, beginning with the 2007-2008 school year, including any data indicating progress in student achievement.


(e) Each system established under this section must permit comparisons of student performance information at the classroom, campus, district, and state levels.


Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20, 2003.


Renumbered from Education Code, Section 32.158 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(13), eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 49, eff. June 19, 2009.


SUBCHAPTER G. TECHNOLOGY LENDING PROGRAM GRANTS



Sec. 32.301. ESTABLISHMENT OF PROGRAM. (a) The commissioner may establish a grant program under which grants are awarded to school districts and open-enrollment charter schools to implement a technology lending program to provide students access to equipment necessary to access and use electronic instructional materials.


(b) A school district or an open-enrollment charter school may apply to the commissioner to participate in the grant program. In awarding grants under this subchapter for each school year, the commissioner shall consider:


(1) the availability of existing equipment to students in the district or school;


(2) other funding available to the district or school; and


(3) the district's or school's technology plan.


(c) The commissioner may determine the terms of a grant awarded under this section, including limits on the grant amount and approved uses of grant funds.


(d) The commissioner may recover funds not used in accordance with the terms of a grant by withholding amounts from any state funds otherwise due to the school district or open-enrollment charter school.


Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.


Sec. 32.302. FUNDING. (a) The commissioner may use not more than $25 million from the state instructional materials and technology fund under Section 31.021 each state fiscal biennium or a different amount determined by appropriation to administer a grant program established under this subchapter.


(b) The cost of administering a grant program under this subchapter must be paid from funds described by Subsection (a).


Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.005(b), eff. September 1, 2019.


Sec. 32.303. USE OF GRANT FUNDS. (a) A school district or open-enrollment charter school may use a grant awarded under Section 32.301 or other local funds to purchase, maintain, and insure equipment for a technology lending program.


(b) Equipment purchased by a school district or open-enrollment charter school with a grant awarded under Section 32.301 is the property of the district or school.


Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.

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EDUCATION CODE CHAPTER 32. COMPUTERS, COMPUTER-RELATED EQUIPMENT, AND STUDENT INFORMATION PROTECTION

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 32. COMPUTERS, COMPUTER-RELATED EQUIPMENT, AND STUDENT INFORMATION PROTECTION SUBCHAPTER A. POWERS AND DUTIES OF STATE BOARD OF EDUCATION RELATING TO ELECTRONIC INSTRUCTIONAL TECHNOLOGY AND COMPUTER-RELATED EQUIPMENT Sec. 32.001. DEVELOPMENT OF LONG-RANGE PLAN.

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Source of Law: State Statutory Law

Citation: Tex. H.B. 3, 86th Legislature (2019)

Link: Texas HB 3 Full Text

Key Points:

Aims to improve public school finance and student outcomes.

Increases funding for public education and reduces reliance on property taxes.

Requires implementation of full-day pre-K and increased compensation for teachers (Texas Legislature, 2019).

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86(R) HB 3 - Enrolled version - Bill Text

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relating to public school finance and public education; creating a

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Must include a practical summary of the Legal Guide topic. The summary should include

1. why the Legal Guide topic is important in your field of education or how it is impacting your field of education, (approximately 4 sentences)

2. an emerging issue related to your topic that educators should watch to see how it plays out and impacts your work, (approximately 4 sentences)

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1. Data privacy is crucial in the field of education because it involves the protection of sensitive student information, including academic records, personal identification details, and behavioral data. Ensuring data privacy helps maintain trust between educational institutions and students, fostering a safe learning environment. With the increasing integration of digital tools and platforms in education, safeguarding this information is more critical than ever. Compliance with laws such as FERPA (Family Educational Rights and Privacy Act) is necessary to avoid legal repercussions and uphold the integrity of educational institutions (U.S. Department of Education, 2020; Bulger, 2016).

2. An emerging issue related to data privacy in education is the growing use of artificial intelligence (AI) and machine learning to analyze student data for personalized learning experiences. While these technologies offer significant benefits, they also pose new privacy risks, such as potential data breaches and unauthorized data sharing. Educators should monitor how regulations evolve to address these concerns and ensure that AI implementations are designed with robust privacy protections. This will impact how data is collected, stored, and utilized, requiring ongoing adaptation to maintain compliance and protect student privacy (Singer, 2018; Regan & Jesse, 2019).

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1. Find a resource from a professional association in education related to your topic, provide a citation, link (if available)

2. A summary of how the resource is informative for your topic (approximately 2-3 sentences). It can be a blog they produced on the topic, an issue summary related to legislation, a report, a position statement, a training session, a webinar, etc.

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1. EDUCAUSE. "Student Data Privacy and Security: A Call for Transparent Practices." EDUCAUSE Review, October 3, 2022. https://www.educause.edu

2. The EDUCAUSE report emphasizes the critical need for transparency in data privacy practices in higher education. The report highlights that institutions must clearly communicate their data collection, storage, and usage policies to build student trust and address equity concerns. Additionally, the report suggests practical steps for institutions to improve their data privacy practices and recommends fostering an informed and ethical culture around data use among students (EDUCAUSE, 2022).

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"Why Higher Ed Needs Data Ethics"

Periodical: Inside Higher Ed
Citation: Stewart, B. (2023, May 11). Why Higher Ed Needs Data Ethics. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/05/11/why-higher-ed-needs-data-ethics

This article discusses the necessity for higher education institutions to adopt data ethics policies. It highlights survey findings that reveal significant gaps in educators' knowledge about data practices and privacy implications. The article argues for developing sector-wide ethical norms and transparent data governance to protect students and faculty from privacy risks. Emphasizes the importance of educating campus communities about the ethical use of data to foster informed decision-making in a data-driven educational environment (Stewart, 2023).

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"Tutor.com Faces Senate Scrutiny Over Privacy Concerns"

Periodical: Inside Higher Ed
Citation: Coffey, L. (2023, June 15). Tutor.com Faces Senate Scrutiny Over Privacy Concerns. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/06/15/tutorcom-faces-senate-scrutiny-over-privacy-concerns.

This article covers the U.S. Senate's investigation into Tutor.com data privacy practices, focusing on its ownership by a Chinese company. Concerns are raised about the potential for student data to be accessed by the Chinese government due to national security laws. Tutor.com defends its data protection measures, asserting compliance with U.S. laws and high data security standards. The article illustrates the broader context of data privacy issues in education, particularly regarding international data storage and legal compliance (Coffey, 2023).

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1. Identify a local policy/rule from a school/educational institution that illustrates how institutions are approaching your topic through policy or rules.

2. Include the citation, link (if possible), and 1-2 sentences summary explaining how the policy relates to the topic.

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Texas Education Agency. (2023). Student Data Privacy and Security.

Link: Texas Student Data Privacy Policy

Summary: This policy outlines the protocols for protecting student data within Texas schools, emphasizing the importance of transparency and security in handling student information. It relates directly to the broader topic of educational laws and regulations regarding student privacy and data protection in K-12 education (Texas Education Agency, 2023).

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"Counselors maintain confidentiality of information received in the counseling relationship unless disclosure is required to prevent clear and imminent danger to the client or others."

Citation: American Counseling Association. (2014). ACA Code of Ethics.

Link: ACA Code of Ethics

Connection to Topic: This principle is vital in school counseling as it underscores the importance of protecting student privacy, and fostering trust in the counseling relationship. It directly relates to ethical dilemmas, particularly in situations where a counselor must balance confidentiality with the duty to protect the student or others from harm (American Counseling Association, 2014).

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The American Counseling Association Center for Practice, Policy, and Research is responsible for providing access to, and interpretation of, the American Counseling Association Code of Ethics. This web page provides ACA members and members of the public with the necessary tools to ensure compliance with the ethical standards of the counseling profession.

Although ethics and risk management are related, ACA does not offer risk management services such as advice to minimize risk in the event of lawsuits and/or criminal charges. ACA believes that whenever questions arise, counselors should consult with a lawyer licensed in the jurisdiction in which they practice. More information is offered in the Risk Management section below.

The 2014 update to the ACA Code of Ethics is the first edition that covers the ethics of using social media with clients. This edition also presents new or expanded guidelines on distance counseling, confidentiality, extending boundaries, multiculturalism and diversity, the use of technology, record keeping, diagnosis, end-of life care, the selection of interventions, and preventing the imposition of counselor personal values,

View the 2014 ACA Code of Ethics (PDF)

The 2014 ACA Code of Ethics is also available:

To cite the ACA Code of Ethics as a resource for an academic work, use the following:

American Counseling Association. (2014). ACA code of ethics. https://www.counseling.org/resources/aca-code-of-ethics.pdf

To view previous editions of the Codes of Ethics, visit our Ethics Archive.

The American Counseling Association is pleased to help members with inquiries on ethical practice, career counseling and advice regarding the profession.

Please kindly note that this service is not designed to function as a real time hotline. Inquiries are prioritized, and the ACA standard practice is to respond within three business days of receipt.

Please send an email request to consult@counseling.org to schedule a consultation.

Thank you in advance for your patience.

The ACA Ethics Committee is responsible for processing complaints of alleged violations of the ACA Code of Ethics. To file a complaint against a counselor who is an active ACA member, please review the Policies and Procedures for Processing Complaints of Ethical Violations. After reviewing the Policies and Procedures for Processing Complaints of Ethical Violations, begin the complaint process by sending an email to ethics@counseling.org

Although ethics and risk management are related, the American Counseling Association no longer offers risk management services such as advice to minimize risk in the event of lawsuits and/or criminal charges.

Risk management is a very complex area. ACA believes that, whenever questions arise, counselors should consult with a lawyer licensed in the jurisdiction in which they practice.

One resource, recommended by Anne Marie "Nancy" Wheeler, former ACA Risk Management Consultant, is Martindale.com, an online legal portal that can be used to search for attorneys. ACA has no affiliation with Martindale and does not endorse the attorneys listed on the company's website. Be certain to verify the credentials and past work of all prospective legal advisers.

In addition, professional counselors should use all of the services available to them through their liability insurance provider. In the event of a licensure complaint or professional liability incident or notice of complaint, ACA members insured through HPSO should call 800-982-9491, or go to hpso.com for more information.

To view previous risk management columns by Anne Marie "Nancy" Wheeler, J.D., as well as other resources, visit the ACA Risk Management page.

Each month, experts in ethics explore real-world issues in Counseling Today through the lens of the 2014 ACA Code of Ethics. Visit our Ethics Update page to access past columns.

Difficult situations can arise in any counseling setting, and when they do, counselors "are expected to engage in a carefully considered ethical decision-making process," as recommended by the 2014 ACA Code of Ethics.

Holly Forester-Miller, PhD, and Thomas E. Davis, PhD, collaborated with the American Counseling Association to publish a white paper titled "Practitioner's Guide to Ethical Decision Making" (2016). For more information and to read the white paper, visit the ACA Ethical Decision-Making page.

There are many ways to engage with and/or learn about the 2014 ACA Code of Ethics. Visit the Code of Ethics Resources page to find out more.

If you are looking for resources related to previous editions of the Codes of Ethics visit our Ethics Archive.

ACA offers a number of resources, including consultation, regarding licensure. Visit the ACA Licensure Requirements page for more information. To request a consultation about licensure, email acacareers@counseling.org.

The Graduate Student Ethics Awards, with separate categories for master's degree and doctoral degree students, reward the exceptional and demonstrable understanding of the ACA Code of Ethics.

To read the statement, click here.

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The American Counseling Association Center for Practice, Policy, and Research is responsible for providing access to, and interpretation of, the American Counseling Association Code of Ethics . This web page provides ACA members and members of the public with the necessary tools to ensure compliance with the ethical standards of the counseling profession.

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Counseling Children and Adolescents: Connecting Theory, Development, and Diversity

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Counseling Children and Adolescents: Connecting Theory, Development, and Diversity

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Citation: Hinkle, J. S., & McCoy, J. (2020). Counseling children and adolescents: Connecting theory, development, and diversity. Pearson.

Link: Counseling Children and Adolescents

Description: This book provides comprehensive insights into counseling practices specifically tailored for children and adolescents. It emphasizes the importance of understanding developmental stages and diverse backgrounds, equipping professionals with the skills needed to address ethical issues, including confidentiality and trust, in school counseling settings. This resource is essential for developing effective counseling strategies within the framework of education laws and ethical standards (Hinkle & McCoy, 2020).

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the content would be changed according to the role

Published by Pearson (September 18, 2020) © 2021

Victoria E. Kress

Matthew J. Paylo Youngstown State University

Nicole Stargell The University of North Carolina at Pembroke

Counseling Children and Adolescents

Counseling Children and Adolescents

MyLab Counseling with Pearson eText for Counseling Children and Adolescents

Counseling Children and Adolescents is a practical, evidence-based introduction on counseling children and adolescents. It empowers counselors to thoughtfully and deliberately help young clients tackle complex issues and difficulties. The text covers the principal approaches to counseling children and adolescents, discusses the common issues that bring children and adolescents to counseling and helps you understand what counseling younger people looks like. What sets this work apart are its concrete applications and its clear, accessible writing.

As one reviewer put it, the 1st Edition's key strengths are a "practical synthesis of theory into clinical and school counseling..., engaging case studies that are diverse and multiculturally sensitive..., [and] real world application."

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Switch content of the page by the Role toggle the content would be changed according to the role Published by Pearson (September 18, 2020) © 2021 Victoria E. Kress Matthew J.

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Recommendations for Educational Practice and Legal Compliance

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Recommendations for Educational Practice and Legal Compliance

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Prioritize Confidentiality: Always maintain student confidentiality to foster trust and encourage open communication in counseling relationships.

Implement Comprehensive Training: Ensure that all school staff receive regular training on student privacy laws and ethical standards related to confidentiality and data protection.

Establish Clear Policies: Develop and communicate clear policies regarding the handling of student information, including guidelines for when confidentiality may need to be breached.

Involve Students in Conversations: When discussing confidentiality and its limits, involve students in the process to help them understand their rights and the importance of safety.

Secure Record Keeping: Maintain secure storage of student records, both digitally and in paper format, with access limited to authorized personnel only.

Utilize Ethical Decision-Making Models: Apply frameworks, such as the ACA Ethical Decision-Making Model, to navigate complex ethical dilemmas effectively.

Engage Parents and Guardians: Foster open communication with parents and guardians about confidentiality policies and the counseling process while respecting student privacy.

Stay Informed on Legislation: Regularly review and stay updated on changes in education laws and regulations to ensure compliance with local, state, and federal requirements.

Promote a Safe Environment: Create an environment where students feel safe to discuss personal issues, knowing their concerns will be handled with care and confidentiality.

Document Ethical Decisions: Keep thorough documentation of ethical decisions and actions taken, especially in situations involving breaches of confidentiality, to ensure accountability and transparency.