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Student records obtained by a school that pertain to grades, disciplinary, reports, or attendance are private information and cannot be shared unless given permission. A reference law when discussing this issue is the Family Educational Records Privacy Act (FERPA). FERPA serves as two-fold purpose: (1) To protect student information from being disclosed to third parties without parental permission. (2) Granting parents access to students information when older than 18 years of age.

From the perspective of a High School Teacher students are unaware of their privacy. In my classroom, some of my students are Special Education students and they have confidential records. The school at times will take extra measures just to protect their privacy due to the laws. In my choosing this topic because in my position I see the importance of students having privacy when it comes to their information. The privacy of students impacts teachers as well, as they are held to the law and must abide by any laws, policies, and regulations toprotectg their students.

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The U.S. Department of Education, Texas State Board of Education (SBOE), and the Texas Education Agency (TEA) are responsible for ensuring that student privacy is protected by the institution. The SBOE is designed for the local and state school boards to apply policies and codes According to Texapedia (n.d.). SBOE is an executive agency responsible for setting rules and regulations for the Texas Public schools. The SBOE creates policies and makes sure districts establish them within the school.

Through the research on this ethical issue, I have learned that there is a certain part of the government assigned to certain policies and regulations. For example, state boards and agencies create policies and regulations based on their federal procedures.

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Article I, Section 8, of the U.S. Constitution states. "The Congress shall have the Power to lay and collect Texas, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the U.S."

This Law states the purpose of Article I, Section 8

The subsections follow state Congress' power about taxes, spending clauses, and borrowing money.

Article VII, Section 1, of Texas Constitution, claims, "the support and maintenance of an efficient system of public free schools"

The Legislature mandates the power of the funds and taxes of Texas.

Family Educational and Privacy Rights (1974). "No Funds shall be made available under any applicable program." this is connected by the spending clause of the U.S. and Texas Constitution.

Family Educational Rights and Privacy Act, 20 U.S.C 1232g (1974).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31-subchapIII-part4sec1232g.pdf.

Tex. Const. art VII, 1

https://statutes.capitol.texas.gov/docs/CN/htm/CN.7.htm

U.S. Const. art.

https://constitution.congress.gov/browse/artilce-1/section-8/?_cf_chi_tk=5zBcZB2dshuCIQSIASYZqwkicktciXXSALXIZgwKv

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Owasso ISD V Falvo (2002)

Federal Children Online Privacy Protection (1998)

No person can obtain records of any child under the age of 13 without parental consent.

Grades are obtained by the teacher and entered in the grade book then they become official educational records.

Peer grading: Parents think its a violation of FERPA (1994)

Owasso Independent School Dist. NO. I-011 v Falvo, 534 U.S. 426 (2002)

https://supreme.justia.com/cases/federal/us/534/426

Family Educational Rights and Privacy Act, 20 U.S.C 1232g (1974).

https://www.govinfo.gov/content/pkg/USCODE- 2022-title20/pdf/USCODE-2022-title20-chap31- subchapIII-part4sec1232g.pdf.

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Federal Childrens Online Privacy Protection (1998)

No person can obtain records of any child under the age of 13 without parental consent.

Privacy of Information

Texas Statue

Regulates the release of education records. Institutions that do not have an interest in the student's education can not get the release of student info without permission from parents.

Parents and guardians obtain access to students' records by this law. Non-compliance of this law can cause the school to lose funds

Children's online privacy protection 15 U.S.C. 6501, et seq (1998).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31- subchapIII-part4sec1232g.pdf.

Privacy of Information, Tex. Stat. Educ. Code 38.309 (2019 &2021)

Https://texas.public.law/statutes/tex_educ_code_section_38.09.

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Children's Online Privacy Protection Rule (2013)

Federal Mandate

enforces the Children's Online Privacy Protection ACT of 1998, (15 U.S.C. 6501, et seq., 1998)

The retrieval of records of students under 13 is forbidden by misleading the child or without parental consent.

Tex. Educ. Code 32.151 et. seq. (2017)

Student's information must be deleted within 60 days of obtaining it by the operator. Unless permission of consent was received by parent.

Prohibits the use of student info if received from a source online. For example, targeted advertising, creating information for non-school use or the sale of student records.

Texas mandate

Children's online privacy protection 15 U.S.C. 6501, et seq (1998).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31-subchapIII-part4sec1232g.pdf

Tex. Educ. Code 32.151 et seq. (2017)

https://texas.public.law/statutes/tex_educ_code_section_32.152.

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The mission statement for the San Angelo ISD Board:

"The mission of the Texas public education system is to ensure that all Texas children have access to a quality education that enables them to achieve their full potential and fully participate now and in the future in the social, economic, and educational opportunities in our state and nation" (SAISD, 2021)

Participation from parents with their child's education.

Enforces preventative statements to the issue and implies how the following policies will mandate the.

Having a safe and disciplined learning environment

SAISD. (n.d.). San Angelo ISD board policy manual, Introduction. Texas association of school boards [TASB].

https://pol.tasb.org/policyonline/policydetails?key=1139&code=A18#legalTabContent

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1. School districts implementing spyware and having control of student's online access.

2. School districts communicate with parents, in full transparency parents should have access to online use and a breach of the student's privacy.

(Privacy Technology Assistance Center, 2018)

3. The U.S. Department of Education developed the Privacy Technical Assistance Center (PTAC)

Resource for stakeholders

Training for data privacy, confidentiality, and safety measures.

FERPA (1994) is aligned and Protection of Pupil Rights Amendment (PPRA)

Family Educational Rights and Privacy Act, 20 U.S.C 1232g (1974).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31-subchapIII-part4sec1232g.pdf.

Protection of Pupil Rights, 20 U.S.C. 1232h (1974 & rev. 2015).

https://www.law.cornell.edu.uscode.text/20/1232h

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The Code of Ethics and Standards:

As educators, we bear the crucial responsibility of safeguarding student privacy. The Code of Ethics and Standards for Texas Educators (1998/2018) strictly prohibits the disclosure of students' confidential information without proper legal consent from a legal guardian.

Noncompliance with the code of ethics could result in suspending or withholding an educator's certification.

Code of Ethics and Standard Practices for Texas Educators, 19 Tex. Admin. Code 247.2 (1998 & 2018).

https://texreg.sos.state.tx.us/public/readtac$ext.Tacpage?

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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My connection to the legal and ethical standards is that of a teacher. The district expects me to abide by the Teacher Educator Code of Ethics. I must understand and abide by the law, which is the reason for my field's special education paperwork, policies, and procedures. Still, in any position as an educator, you must know this law. To justify and protect myself and the district, I find it beneficial to continue studying and understanding the changes made for the privacy of students and their parents. In the future, if I continue in education, I need to understand and abide by the laws and continue to learn new laws and apply them.

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Recommendations/ Best Practices for compliance

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Recommendations/ Best Practices for compliance

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Non-Consent from parents or students: Educators should not release any information.

Release of information without consent could result in an educator losing their position.

**

Educators should be aware of laws related to their student's privacy, to protect themselves and the student.

At any point, an educator is uncertain if the. Thea student's information is private. The best case scenario is to say it is and not release their information to anyone without signed consent from a parent.

"Better safe than sorry" is a slogan all educators need to keep in mind when dealing with any paperwork or information of a student. Always protect yourself and the student. If unsure and can not determine if the information is protected just ask yourself these questions:

1. Does the information qualify as a student record?

2. Is the parent consent on file for the release of information?

3. Was there any information released and to whom?

4. Have the Parents been contacted regarding the proper timeline of the consent?

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Code of Ethics and Standard Practices for Texas Educators, 19 Tex. Admin. Code 247.2 (1998 & 2018).

https://texreg.sos.state.tx.us/public/readtac$ext.Tacpage?

Family Educational Rights and Privacy Act, 20 U.S.C 1232g (1974).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31-subchapIII-part4sec1232g.pdf.

Protection of Pupil Rights, 20 U.S.C. 1232h (1974 & rev. 2015).

https://www.law.cornell.edu.uscode.text/20/1232h

SAISD. (n.d.). San Angelo ISD board policy manual, Introduction. Texas association of school boards [TASB].

https://pol.tasb.org/policyonline/policydetails?key=1139&code=A18#legalTabContent

Children's online privacy protection 15 U.S.C. 6501, et seq (1998).

https://www.govinfo.gov/content/pkg/USCODE-2022-title20/pdf/USCODE-2022-title20-chap31-subchapIII-part4sec1232g.pdf

Tex. Educ. Code 32.151 et seq. (2017)

https://texas.public.law/statutes/tex_educ_code_section_32.152.

Tex. Const. art VII, 1

https://statutes.capitol.texas.gov/docs/CN/htm/CN.7.htm

U.S. Const. art.

https://constitution.congress.gov/browse/artilce-1/section-8/?_cf_chi_tk=5zBcZB2dshuCIQSIASYZqwkicktciXXSALXIZgwKv