# data[].attributes.body
As an educator with a background in K-12 education, my professional perspective revolves around promoting a safe and conducive learning environment for students. I understand the significance of student privacy and the need to protect their personal information in today's digital age. With technological advancements and increased school data collection, all stakeholders must know their roles and responsibilities in safeguarding student privacy.

A report in 2020 revealed that public K-12 education agencies experienced 408 cybersecurity attacks during that year, many of which resulted in data breaches (Archambault, 2021). Misusing student data can have severe consequences, such as cyberbullying, identity theft, and social engineering, where individuals are manipulated into revealing personal information. (Archambault, 2021)

The intended audience for this issue includes parents, school faculty and staff, and board members. Each stakeholder is vital in ensuring student privacy and maintaining a secure educational environment. Therefore, the guide aims to provide them with essential information and guidelines to understand, protect, and uphold student privacy rights.

The rationale for choosing this topic is that student privacy is a critical aspect of education, especially now that digital tools, online platforms, and data-driven educational practices are on the rise. Therefore, all stakeholders must clearly understand the importance of student privacy and their responsibilities in safeguarding student data. By addressing this topic, we aim to create awareness, promote best practices, and foster a culture of privacy and trust within the educational community.

References:

Archambault, S. G. (2021). Student Privacy in the Digital Age. Brigham Young University Education & Law Journal, 2021(1), 1–48.

# data[].attributes.body
In education, student privacy is governed by various federal and state agencies. The U.S. Department of Education oversees the Family Educational Rights and Privacy Act (FERPA) and provides guidelines and regulations for protecting student educational records and personally identifiable information (PII). FERPA ensures parents have control over releasing their child's educational records and sets forth procedures for schools to follow when handling and disclosing student information (U.S. Department of Education,2021).

At the state level, the Texas Legislature requires the Texas Education Agency (TEA) to set regulations for student privacy matters in education. As a result, these agencies typically establish policies and guidelines specific to their state's educational system. In addition, state departments of education or similar entities often oversee student privacy practices and support schools and districts in complying with state-specific requirements such as entering student data in Public Education Information Management System (PEIMS), (TEA,2023).

Accountability for student privacy at the federal and state levels involves monitoring and enforcement mechanisms. The U.S. Department of Education has the authority to investigate complaints and conduct audits to ensure compliance with FERPA. Non-compliance with FERPA can result in penalties, including withholding federal funds for educational institutions (U.S. Department of Education,2021).

Similarly, state-level agencies may have enforcement procedures to hold educational institutions accountable for protecting student privacy. These mechanisms may include conducting investigations, imposing fines or sanctions, and implementing corrective actions to address violations of state privacy laws.

Overall, the federal and state governing bodies in education, such as FERPA and state departments, play a crucial role in establishing regulations, providing guidance, and ensuring accountability for student privacy. Therefore, educators must be aware of and adhere to these regulations to safeguard student data and comply with applicable laws.

References:

Texas Education Agency. (2023). Common Questions about Privacy in TSDS. https://www.texasstudentdatasystem.org/TSDS/About/Security/Privacy

U.S. Department of Education. (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

# data[].attributes.headline
Slide #3 Identify the federal and state constitutional laws

# data[].attributes.subject
Slide #3 Identify the federal and state constitutional laws

# data[].attributes.body
Article 1, Section 3 of the Texas Constitution emphasizes the importance of equal rights. Regarding student privacy, Article 1, Section 3 can serve as a basis for protecting students' privacy rights within the educational context. It implies that students have a reasonable expectation of privacy in their personal information, academic records, and communications.

These legal requirements outlined in Texas Constitution Article 1, Section 3 emphasize the principles of equality, religious freedom, freedom of speech and press, and the right to assemble and petition. Accordingly, they serve as foundational rights and protections for individuals in Texas.

Tex. Const. art. I, § 3.
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1/CN.1.3.htm

The 14th Amendment is essential in relating to student privacy because it guarantees equal protection of the laws to all individuals, including students. It ensures that students have the right to privacy and protects them from arbitrary or discriminatory actions by educational institutions or the government.

This clause prohibits states from treating individuals or groups differently in a way that violates their fundamental rights or is not based on a legitimate governmental interest.

U.S. CONST. amend. XIV.
https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_14_(1868)

# data[].attributes.attachment_link.readable_text
Constitution of the United States
Preamble Article I Article II Article III Article IV Article V Article VI
Article VII AMENDMENTS
Introduction

Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government. Its first three words - "We The People" - affirm that the government of the United States exists to serve its citizens. The supremacy of the people through their elected representatives is recognized in Article I, which creates a Congress consisting of a Senate and a House of Representatives. The positioning of Congress at the beginning of the Constitution affirms its status as the "First Branch" of the federal government.

The Constitution assigned to Congress responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers. The president is permitted to veto specific legislative acts, but Congress has the authority to override presidential vetoes by two-thirds majorities of both houses. The Constitution also provides that the Senate advise and consent on key executive and judicial appointments and on the approval for ratification of treaties.

For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments. More a concise statement of national principles than a detailed plan of governmental operation, the Constitution has evolved to meet the changing needs of a modern society profoundly different from the eighteenth-century world in which its creators lived. To date, the Constitution has been amended 27 times, most recently in 1992. The first ten amendments constitute the Bill of Rights.

Annotated Constitutions

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law.

The Constitution of the United States of America, S.PUB.103-21 (1994) (pdf), prepared by the Office of the Secretary of the Senate with the assistance of Johnny H. Killian of the Library of Congress in 1994, provided the original text of each clause of the Constitution with an accompanying explanation of its meaning and how that meaning changed over time.

Italicized text indicates words and passages of the Constitution that were changed or affected by amendments.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,

G o. Washington-Presid t.

And deputy from Virginia

New Hampshire John Langdon

Nicholas Gilman

Massachusetts Nathaniel Gorham

Rufus King

Connecticut Wm. Saml. Johnson

Roger Sherman

New York Alexander Hamilton

New Jersey Wil: Livingston

David Brearley

Wm. Paterson

Jona. Dayton

Pennsylvania B Franklin

Thomas Mifflin

Robt Morris

Geo. Clymer

Thos. FitzSimons

Jared Ingersoll

James Wilson

Gouv Morris

Delaware Geo: Read

Gunning Bedford jun

John Dickinson

Richard Bassett

Jaco: Broom

Maryland James McHenry

Dan of St. Thos. Jenifer

Danl Carroll

Virginia John Blair-

James Madison Jr.

North Carolina Wm. Blount

Richd. Dobbs Spaight

Hu Williamson

South Carolina J. Rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler

Georgia William Few

Abr Baldwin

Attest William Jackson Secretary

AMENDMENTS
Amendment I (1791) Amendment II (1791)
Amendment III (1791) Amendment IV (1791)
Amendment V (1791) Amendment VI (1791)
Amendment VII (1791) Amendment VIII (1791)
Amendment IX (1791) Amendment X (1791)
Amendment XI (1795/1798) Amendment XII (1804)
Amendment XIII (1865) Amendment XIV (1868)
Amendment XV (1870) Amendment XVI (1913)
Amendment XVII (1913) Amendment XVIII (1919)
Amendment XIX (1920) Amendment XX (1933)
Amendment XXI (1933) Amendment XXII (1951)
Amendment XXIII (1961) Amendment XXIV (1964)
Amendment XXV (1967) Amendment XXVI (1971)
Amendment XXVII (1992)

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President -The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

# data[].attributes.attachment_link.description
Constitution of the United States Preamble Article I Article II Article III Article IV Article V Article VI Article VII AMENDMENTS Introduction Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government.

# data[].attributes.headline
Slide #4 Identify the one statue and one administrative law.

# data[].attributes.subject
Slide #4 Identify the one statue and one administrative law.

# data[].attributes.body
This statute establishes the requirements and limitations on releasing and disclosing student records, including personally identifiable information, by educational institutions in Texas. It ensures that student records are confidential and can only be accessed by authorized individuals or entities for legitimate educational purposes.

This statute protects students by only parents/legal guards who can obtain school-related activity information.
Tex. Educ. Code § 26.008

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.008

Jim Walsh, Laurie Maniotis, & Frank R. Kemerer. (2018). The Educator’s Guide to Texas School Law : Ninth Edition. University of Texas Press.
This administrative code requirement and processes related to data submissions and standards in the context of Texas's Public Education Information Management System (PEIMS). PEIMS encompasses all data that educational organizations submit to the Texas Education Agency (TEA), including school districts, charter schools, and campuses.
The commissioner sets data standards for school districts and charter schools when submitting information to the TEA. These standards are necessary for the legislature and TEA to perform their authorized functions. The standards are published annually in official TEA publications and include descriptions of data collection and submission requirements, data elements and their codes (such as incidents of bullying and cyberbullying), and responsibilities of districts, education service centers, and TEA.

19 Tex. Admin. Code § 61.1025

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=61&rl=1025
61.1025

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



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES



Sec. 26.001. PURPOSE. (a) Parents are partners with educators, administrators, and school district boards of trustees in their children's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children.


(b) The rights listed in this chapter are not exclusive. This chapter does not limit a parent's rights under other law.


(c) Unless otherwise provided by law, a board of trustees, administrator, educator, or other person may not limit parental rights.


(d) Each board of trustees shall provide for procedures to consider complaints that a parent's right has been denied.


(e) Each board of trustees shall cooperate in the establishment of ongoing operations of at least one parent-teacher organization at each school in the district to promote parental involvement in school activities.


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


Sec. 26.002. DEFINITION. In this chapter, "parent" includes a person standing in parental relation. The term does not include a person as to whom the parent-child relationship has been terminated or a person not entitled to possession of or access to a child under a court order. Except as provided by federal law, all rights of a parent under Title 2 of this code and all educational rights under Section 151.001(a)(10), Family Code, shall be exercised by a student who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 10, eff. June 13, 2001.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 6.002, eff. September 1, 2017.


Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A parent is entitled to:


(1) petition the board of trustees designating the school in the district that the parent's child will attend, as provided by Section 25.033;


(2) reasonable access to the school principal, or to a designated administrator with the authority to reassign a student, to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student;


(3) request, with the expectation that the request will not be unreasonably denied:


(A) the addition of a specific academic class in the course of study of the parent's child in keeping with the required curriculum if sufficient interest is shown in the addition of the class to make it economically practical to offer the class;


(B) that the parent's child be permitted to attend a class for credit above the child's grade level, whether in the child's school or another school, unless the board or its designated representative expects that the child cannot perform satisfactorily in the class; or


(C) that the parent's child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation; and


(4) have a child who graduates early as provided by Subdivision (3)(C) participate in graduation ceremonies at the time the child graduates.


(b) The decision of the board of trustees concerning a request described by Subsection (a)(2) or (3) is final and may not be appealed.


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


Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL NETWORK. (a) At the time and in the manner that a school district or open-enrollment charter school informs students and parents about courses that are offered in the district's or school's traditional classroom setting, the district or school shall notify parents and students of the option to enroll in an electronic course offered through the state virtual school network under Chapter 30A.


(b) Except as provided by Subsection (c), a school district or open-enrollment charter school in which a student is enrolled as a full-time student may not deny the request of a parent of a student to enroll the student in an electronic course offered through the state virtual school network under Chapter 30A.


(c) A school district or open-enrollment charter school may deny a request to enroll a student in an electronic course if:


(1) a student attempts to enroll in a course load that is inconsistent with the student's high school graduation plan or requirements for college admission or earning an industry certification;


(2) the student requests permission to enroll in an electronic course at a time that is not consistent with the enrollment period established by the school district or open-enrollment charter school providing the course; or


(3) the district or school offers a substantially similar course.


(c-1) A school district or open-enrollment charter school may decline to pay the cost for a student of more than three yearlong electronic courses, or the equivalent, during any school year. This subsection does not:


(1) limit the ability of the student to enroll in additional electronic courses at the student's cost; or


(2) apply to a student enrolled in a full-time online program that was operating on January 1, 2013.


(d) Notwithstanding Subsection (c)(2), a school district or open-enrollment charter school that provides an electronic course through the state virtual school network under Chapter 30A shall make all reasonable efforts to accommodate the enrollment of a student in the course under special circumstances.


(e) A parent may appeal to the commissioner a school district's or open-enrollment charter school's decision to deny a request to enroll a student in an electronic course offered through the state virtual school network. The commissioner's decision under this subsection is final and may not be appealed.


(f) A school district or open-enrollment charter school from which a parent of a student requests permission to enroll the student in an electronic course offered through the state virtual school network under Chapter 30A has discretion to select a course provider approved by the network's administering authority for the course in which the student will enroll based on factors including the informed choice report in Section 30A.108(b).


Added by Acts 2007, 80th Leg., R.S., Ch. 1337 (S.B. 1788), Sec. 2, eff. September 1, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1386 (H.B. 1926), Sec. 1, eff. June 14, 2013.


Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) In this section, "intervention strategy" means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies.


(b) A parent is entitled to access to all written records of a school district concerning the parent's child, including:


(1) attendance records;


(2) test scores;


(3) grades;


(4) disciplinary records;


(5) counseling records;


(6) psychological records;


(7) applications for admission;


(8) health and immunization information;


(9) teacher and school counselor evaluations;


(10) reports of behavioral patterns; and


(11) records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child.


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


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 18, eff. June 14, 2013.


Acts 2017, 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 2, eff. June 12, 2017.


Sec. 26.005. ACCESS TO STATE ASSESSMENTS. Except as provided by Section 39.023(e), a parent is entitled to access to a copy of each state assessment instrument administered under Section 39.023 to the parent's child.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 7, eff. Sept. 1, 1997.


Sec. 26.006. ACCESS TO TEACHING MATERIALS. (a) A parent is entitled to:


(1) review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent's child, including while the child is participating in virtual or remote learning;


(2) review each test administered to the parent's child after the test is administered; and


(3) observe virtual instruction while the parent's child is participating in virtual or remote learning to the same extent the parent would be entitled to observe in-person instruction of the child.


(b) A school district shall make teaching materials and tests readily available for review by parents. The district may specify reasonable hours for review.


(c) A student's parent is entitled to request that the school district or open-enrollment charter school the student attends allow the student to take home any instructional materials used by the student. Subject to the availability of the instructional materials, the district or school shall honor the request. A student who takes home instructional materials must return the instructional materials to school at the beginning of the next school day if requested to do so by the student's teacher. A school district or open-enrollment charter school must provide the instructional materials to the student in printed format if the student does not have reliable access to technology at the student's home. In this subsection, "instructional material" has the meaning assigned by Section 31.002.


(d) The requirement under Subsection (c) to provide to a student instructional materials in a printed format does not require a school district or open-enrollment charter school to purchase printed copies of instructional materials that the district or school otherwise would not purchase. A district or school may comply with Subsection (c) by providing the student a printout of the relevant electronic instructional materials.


(e) Each school district and open-enrollment charter school that uses a learning management system or any online learning portal to assign, distribute, present, or make available instructional materials as defined by Section 31.002 to students shall provide login credentials to the system or portal to each student's parent.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 805, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 12, eff. July 19, 2011.


Acts 2019, 86th Leg., R.S., Ch. 1031 (H.B. 391), Sec. 1, eff. June 14, 2019.


Acts 2021, 87th Leg., R.S., Ch. 558 (S.B. 348), Sec. 1, eff. June 14, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 2, eff. December 2, 2021.


Sec. 26.007. ACCESS TO BOARD MEETINGS. (a) A parent is entitled to complete access to any meeting of the board of trustees of the school district, other than a closed meeting held in compliance with Subchapters D and E, Chapter 551, Government Code.


(b) A board of trustees of a school district must hold each public meeting of the board within the boundaries of the district except as required by law or except to hold a joint meeting with another district or with another governmental entity, as defined by Section 2051.041, Government Code, if the boundaries of the governmental entity are in whole or in part within the boundaries of the district. All public meetings must comply with Chapter 551, Government Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 7, eff. June 19, 1999.


Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. (a) A parent is entitled to full information regarding the school activities of a parent's child except as provided by Section 38.004.


(b) An attempt by any school district employee to encourage or coerce a child to withhold information from the child's parent is grounds for discipline under Section 21.104, 21.156, or 21.211, as applicable.


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


Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES. (a) The agency shall produce and provide to school districts sufficient copies of a comprehensive, easily understood document that explains the process by which an individualized education program is developed for a student in a special education program and the rights and responsibilities of a parent concerning the process. The document must include information a parent needs to effectively participate in an admission, review, and dismissal committee meeting for the parent's child.


(b) The agency will ensure that each school district provides the document required under this section to the parent as provided by 20 U.S.C. Section 1415(b):


(1) as soon as practicable after a child is referred to determine the child's eligibility for admission into the district's special education program, but at least five school days before the date of the initial meeting of the admission, review, and dismissal committee; and


(2) at any other time on reasonable request of the child's parent.


(c) The agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education. The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.


(d) Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must:


(1) be provided when the child begins to receive the assistance for that school year;


(2) be written in English or, to the extent practicable, the parent's native language; and


(3) include:


(A) a reasonable description of the assistance that may be provided to the child, including any intervention strategies that may be used;


(B) information collected regarding any intervention in the base tier of a multi-tiered system of supports that has previously been used with the child;


(C) an estimate of the duration for which the assistance, including through the use of intervention strategies, will be provided;


(D) the estimated time frames within which a report on the child's progress with the assistance, including any intervention strategies used, will be provided to the parent; and


(E) a copy of the explanation provided under Subsection (c).


(e) The notice required under Subsection (d) may be provided to a child's parent at a meeting of the team established for the child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), if applicable.


Added by Acts 1999, 76th Leg., ch. 616, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 539, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017.


Sec. 26.0082. SUPPLEMENTAL EDUCATIONAL SERVICES. (a) In this section, "rigorous research" means research that includes:


(1) a study design that employs either a randomized controlled trial or a quasi-experimental design;


(2) an adequate measure of outcomes; and


(3) reliable and valid results.


(b) As part of the annual notice a school district provides to parents under 20 U.S.C. Section 6316(e)(2)(A) concerning supplemental educational services, the district shall include information provided to the district by the agency that:


(1) identifies characteristics of supplemental educational services that, based on rigorous research, have been demonstrated to be more likely to foster improvement in student academic performance, including information concerning the minimum number of hours of tutoring necessary for improved performance; and


(2) sorts, for each subject for which supplemental educational services are provided, supplemental educational services providers serving district students according to the provider's level of effectiveness in improving student performance in the applicable subject area.


(c) The agency shall develop and the commissioner by rule shall establish a process for approving and revoking approval for a supplemental educational services provider. The process must allow the agency to use any publicly available information from any published source in determining whether to approve an entity as a provider, except that the agency may not use information that is self-published or published by a provider for marketing purposes.


(d) The agency shall maintain a publicly available list of approved providers. In accordance with standards established by commissioner rule, the agency shall promptly investigate a complaint against an approved provider and promptly remove from the list of approved providers a provider for which agency approval has been revoked.


(e) Not later than the fifth business day after the date on which the agency removes a provider from the list of approved providers, the agency shall send notice of the removal to each appropriate school district. The district shall provide notice of the removal to parents of appropriate students.


(f) A supplemental educational services provider for which agency approval has been revoked because the agency determines that the provider has engaged in fraudulent activity is permanently prohibited from acting as a provider in this state.


Added by Acts 2013, 83rd Leg., R.S., Ch. 646 (H.B. 753), Sec. 1, eff. September 1, 2013.


Sec. 26.0085. REQUESTS FOR PUBLIC INFORMATION. (a) A school district or open-enrollment charter school that seeks to withhold information from a parent who has requested public information relating to the parent's child under Chapter 552, Government Code, and that files suit as described by Section 552.324, Government Code, to challenge a decision by the attorney general issued under Subchapter G, Chapter 552, Government Code, must bring the suit not later than the 30th calendar day after the date the school district or open-enrollment charter school receives the decision of the attorney general being challenged.


(b) A court shall grant a suit described by Subsection (a) precedence over other pending matters to ensure prompt resolution of the subject matter of the suit.


(c) Notwithstanding any other law, a school district or open-enrollment charter school may not appeal the decision of a court in a suit filed under Subsection (a). This subsection does not affect the right of a parent to appeal the decision.


(d) If the school district or open-enrollment charter school does not bring suit within the period established by Subsection (a), the school district or open-enrollment charter school shall comply with the decision of the attorney general.


(e) A school district or open-enrollment charter school that receives a request from a parent for public information relating to the parent's child shall comply with Chapter 552, Government Code. If an earlier deadline for bringing suit is established under Chapter 552, Government Code, Subsection (a) does not apply. This section does not affect the earlier deadline for purposes of Section 532.353(b)(3) for a suit brought by an officer for public information.


Added by Acts 1999, 76th Leg., ch. 1335, Sec. 8, eff. June 19, 1999.


Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) An employee of a school district must obtain the written consent of a child's parent before the employee may:


(1) conduct a psychological examination, test, or treatment, unless the examination, test, or treatment is required under Section 38.004 or state or federal law regarding requirements for special education; or


(2) make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice.


(b) An employee of a school district is not required to obtain the consent of a child's parent before the employee may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for:


(1) purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses;


(2) a purpose related to a cocurricular or extracurricular activity;


(3) a purpose related to regular classroom instruction;


(4) media coverage of the school; or


(5) a purpose related to the promotion of student safety under Section 29.022.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1175, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1147 (S.B. 507), Sec. 1, eff. June 19, 2015.


Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT. (a) In this section, "psychotropic drug" has the meaning assigned by Section 261.111, Family Code.


(b) An employee of a school district may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic drug to the child, or to consent to any other psychiatric or psychological testing or treatment of the child, as the sole basis for making a report of neglect of the child under Subchapter B, Chapter 261, Family Code, unless the employee has cause to believe that the refusal:


(1) presents a substantial risk of death, disfigurement, or bodily injury to the child; or


(2) has resulted in an observable and material impairment to the growth, development, or functioning of the child.


Added by Acts 2003, 78th Leg., ch. 1008, Sec. 1, eff. June 20, 2003.


Sec. 26.010. EXEMPTION FROM INSTRUCTION. (a) A parent is entitled to remove the parent's child temporarily from a class or other school activity that conflicts with the parent's religious or moral beliefs if the parent presents or delivers to the teacher of the parent's child a written statement authorizing the removal of the child from the class or other school activity. A parent is not entitled to remove the parent's child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester.


(b) This section does not exempt a child from satisfying grade level or graduation requirements in a manner acceptable to the school district and the agency.


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


Sec. 26.011. COMPLAINTS. (a) The board of trustees of each school district shall adopt a grievance procedure under which the board shall address each complaint that the board receives concerning violation of a right guaranteed by this chapter.


(b) The board of trustees of a school district is not required by Subsection (a) or Section 11.1511(b)(13) to address a complaint that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by this chapter. This subsection does not affect a claim brought by a parent under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a successor federal statute addressing special education services for a child with a disability.


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


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 9, eff. September 1, 2017.


Sec. 26.012. FEE FOR COPIES. The agency or a school district may charge a reasonable fee in accordance with Subchapter F, Chapter 552, Government Code, for copies of materials provided to a parent under this chapter.


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


Sec. 26.0125. PARENT CONTACT INFORMATION REQUIRED. The parent of a student enrolled in a school district shall provide in writing to the district:


(1) on enrollment of the student in the district and not later than two weeks after the beginning of each school year, the parent's address, phone number, and e-mail address; and


(2) if the parent's contact information changes during the school year, not later than two weeks after the date the information changes, the parent's updated information.


Added by Acts 2021, 87th Leg., R.S., Ch. 581 (S.B. 746), Sec. 1, eff. June 14, 2021.


Sec. 26.013. STUDENT DIRECTORY INFORMATION. (a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year:


(1) a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student; and


(2) written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(b) The notice required by Subsection (a)(2) must contain:


(1) the following statement in boldface type that is 14-point or larger:


"Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about the student. If you do not want [insert name of school district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date]. [Insert name of school district] has designated the following information as directory information: [Here a school district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]";


(2) a form, such as a check-off list or similar mechanism, that:


(A) immediately follows, on the same page or the next page, the statement required under Subdivision (1); and


(B) allows a parent to record:


(i) the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information;


(ii) the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education; and


(iii) the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication; and


(3) a statement that federal law requires districts receiving assistance under the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military recruiter or an institution of higher education, on request, with the name, address, and telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent.


(c) A school district may designate as directory information any or all information defined as directory information by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). Directory information under that Act that is not designated by a district as directory information for that district is excepted from disclosure by the district under Chapter 552, Government Code.


(d) Directory information consented to by a parent for use only for a limited school-sponsored purpose, such as for a student directory, student yearbook, or school district publication, if any such purpose has been designated by the district, remains otherwise confidential and may not be released under Chapter 552, Government Code.


Added by Acts 2005, 79th Leg., Ch. 687 (S.B. 256), Sec. 1, eff. June 17, 2005.


Sec. 26.015. POSTING OF INFORMATION REGARDING ADMINISTRATOR RESPONSIBLE FOR STUDENT DISCIPLINE. A school district shall post on the district's Internet website, for each district campus, the e-mail address and dedicated telephone number of a person clearly identified as:


(1) the campus behavior coordinator designated under Section 37.0012; or


(2) if the district has been designated as a district of innovation under Chapter 12A and is exempt from the requirement to designate a campus behavior coordinator under Section 37.0012 under the district's local innovation plan, a campus administrator designated as being responsible for student discipline.


Added by Acts 2019, 86th Leg., R.S., Ch. 265 (S.B. 1306), Sec. 1, eff. May 28, 2019.

# data[].attributes.attachment_link.title
EDUCATION CODE CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES

# data[].attributes.attachment_link.description
EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE E. STUDENTS AND PARENTS CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES Sec. 26.001. PURPOSE. (a) Parents are partners with educators, administrators, and school district boards of trustees in their children's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children.

# data[].attributes.body
1) The case Jensen v. Reeves, 3 Fed. Appx. 905 (10th Cir. 2001) involves a dispute regarding disclosing a child's misbehavior in school and its compliance with the Family Educational Rights and Privacy Act (FERPA). In this case, the Tenth Circuit Court of Appeals, which has jurisdiction over federal claims in certain states, including Utah, addressed the issue of limited disclosure to interested parties (Jensen v. Reeves, 2001)

The case involves two parties, Jensen and Reeves. The specific details of the parties and their roles in the case should be provided in the citation.

Issue: The central issue in the case was whether the limited disclosure of a child's misbehavior in school to interested parties complies with FERPA, which protects the privacy of student's educational records.

Tenth Circuit Decision: The Tenth Circuit determined that limited disclosure of a child's misbehavior in school is legitimate under FERPA. The court likely considered factors such as the purpose of exposure, the identity of the interested parties, and the extent of the information shared. (Jensen v. Reeves, 2001)

Jensen v. Reeves, 3 Fed. Appx. 905 (2001).

2) In the case of Owasso Independent School Dist. No. I-011 v. Falvo, the Supreme Court clarified that grades on peer-graded papers are not considered education records under FERPA. As a result, these grades are not protected by the Act's privacy provisions.

Legal Issue:

Respondent claimed that peer grading violated FERPA, which prohibits releasing sensitive student information without parental consent. The critical question was whether peer-graded assignments constituted education records under FERPA.

The Court's decision clarified that peer grading, as a standard educational practice, does not inherently violate FERPA.

It reaffirmed the distinction between institutional records and student assignments, specifying that FERPA records are typically maintained in a permanent file.

The Court stated that even if a teacher's grade book could be considered an education record, the grades on students' papers would only be covered by FERPA once the teacher collected and recorded them in the grade book. However, the Court limited its decision to this point and did not address whether grades on individual student assignments, once turned in to teachers, are protected by FERPA.

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426, 122 S. Ct. 934, 151 L. Ed. 2d 896 (2002).

# data[].attributes.headline
#6 Identify the federal regulation or mandate

# data[].attributes.subject
#6 Identify the federal regulation or mandate

# data[].attributes.body
The Children's Online Privacy Protection Act (COPPA) is a federal law in the United States that addresses the online privacy of children under 13 (National Archives, 2023). COPPA regulates the collection, use, and disclosure of personal information from children by websites, online services, and mobile applications (National Archives, 2023). It aims to give parents control over the information collected from their children online. COPPA mandates websites and online services to obtain parental consent before collecting, using, or disclosing personal information from children (National Archives, 2023).

15 U.S.C 6501, et seq.

National Archives. (2023). Children’s Online Privacy Protection Rule. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312

# data[].attributes.body
Ysleta Independent School District (YISD), a large school district in Region 19, has implemented an Acceptable Use Policy to govern staff's use of student data. The policy aligns with the requirements of the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA) to ensure the safety and privacy of students. Before signing, employees must read and understand the policy, acknowledging their awareness of the strict limitations on sharing student data. The specific policy provision related to student data is as follows:

No student information, in any format, will be posted on the Internet without explicit parental permission, except for directory information (YISD, 2013).

Additional Information:

FERPA: The Family Educational Rights and Privacy Act (FERPA) protects student education records privacy. It grants parents certain rights to access and control their child's educational information (U.S. Department of Education,2021)..

COPPA: The Children's Online Privacy Protection Act (COPPA) is a federal law that focuses on protecting the online privacy of children under 13. It sets requirements for obtaining parental consent before collecting personal information from children (National Archives, 2023).

Acceptable Use Policy: An Acceptable Use Policy (AUP) is a document that outlines the proper use of technology and digital resources within an organization, including guidelines for handling student data. It helps employees understand their responsibilities and obligations when accessing and using student information (YISD,2013).

Directory Information: Directory information refers to student data considered public and can be disclosed without parental consent, such as a student's name, address, telephone number, email address, and other similar information. However, school districts typically allow parents to opt out of the disclosure of directory information.

National Archives. (2023). Children’s Online Privacy Protection Rule. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312

U.S. Department of Education. (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Ysleta Independent School District. (2013). Acceptable Use Policy. https://www.yisd.net/

# data[].attributes.body
Data Encryption and Secure Storage:

Encrypt student data during transmission and at rest (storage) to prevent unauthorized access (Attai, 2019).

Securely store sensitive information using strong access controls and encryption technologies to mitigate the risk of data breaches (Attai, 2019).

Privacy Policies and Consent Mechanisms:

Develop and enforce clear privacy policies that outline student data collection, use, and disclosure (Attai, 2019).

Implement robust consent mechanisms that allow parents and students to make informed choices about sharing and using their personal information (Attai, 2019).

Employee Training and Awareness:

Provide regular training and awareness programs to all staff members regarding student privacy laws, policies, and best practices (Attai, 2019).

Educate employees about adequately handling and protecting student data to minimize the risk of accidental or intentional privacy breaches (Attai, 2019).

These risk management strategies are crucial for safeguarding student privacy. They help prevent unauthorized access to sensitive information, ensure transparent data practices, and promote a culture of privacy awareness within educational institutions.

Linnette Attai. (2019). Protecting Student Data Privacy: Classroom Fundamentals. Rowman & Littlefield Publishers.

# data[].attributes.body
Three ethical dilemmas related to student data can arise within the context of student privacy:

1. An ethical dilemma may occur when a teacher or staff member shares confidential student information with staff who are not directly involved in the student's education or do not have a legitimate need to know the information. This could include sharing information about a student with a colleague not assigned to that student or disclosing information to parents or external parties without proper authorization.

2. Another ethical dilemma may arise when there is a data breach or security incident that compromises the privacy and confidentiality of student data. School Districts must have the most up-to-date cybersecurity measures and provide continues training to IT personnel to prevent negligence in handling sensitive information or malicious actions.

3. Lastly, with the increasing use of educational technology and data-driven decision-making, administrators may face ethical dilemmas in balancing the benefits of utilizing student data for educational purposes while protecting student privacy. District administrators need policies regarding collecting, storing, and analyzing student data, ensuring compliance with legal requirements and ethical considerations, and seeking informed consent when necessary.

These ethical dilemmas underscore the importance of administrators understanding and upholding the ethical standards outlined in the Texas Educators Code of Ethics, Standard 3.1, which emphasizes maintaining student confidentiality and disclosing information only when lawful and necessary.

Texas Education Agency. (2023) Educator's Code of Ethics. https://tea.texas.gov/texas-educators/investigations/educators-code-of-ethics

# data[].attributes.attachment_link.readable_text
The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community.

# data[].attributes.attachment_link.description
The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community.

# data[].attributes.headline
#10 Personal Connection to the Legal and Ethical Standards

# data[].attributes.subject
#10 Personal Connection to the Legal and Ethical Standards

# data[].attributes.body
As a future administrator in education, my connection to legal and ethical standards stems from my deep understanding of applying the law to my educational journey. Through my experience in education, I have witnessed firsthand the importance of legal compliance and ethical conduct in creating a safe and supportive learning environment. Understanding the legal and ethical standards has provided me with the knowledge and skills to navigate complex situations, make informed decisions, and ensure that the rights and well-being of students are protected. This connection to the law has fueled my passion for education. It has motivated me to pursue my education goals, aiming to positively impact students' lives while upholding legal and ethical principles.

# data[].attributes.headline
#11 Bulleted list of Recommendations / Best Practices for Compliance

# data[].attributes.subject
#11 Bulleted list of Recommendations / Best Practices for Compliance

# data[].attributes.body
After analyzing the content regarding student privacy, the following are recommendations and best practices for educational practice and legal compliance concerning student privacy:

1. Develop and implement comprehensive district-wide student privacy policies that clearly outline student data collection, use, storage, and sharing, ensuring compliance with federal and state laws and regulations.

2. Regularly review and update privacy policies to address emerging technologies, data breaches, and changing legal requirements, and communicate these policies effectively to all stakeholders, including parents, faculty, and staff.

3. Establish robust data security measures, including encryption, access controls, firewalls, and regular system audits, to safeguard student data from unauthorized access, use, or disclosure.

4. Provide ongoing training and professional development for faculty and staff on student privacy rights, responsible data handling practices, and using educational technology tools and platforms properly.

5. Obtain informed consent from parents or legal guardians for collecting and using student data, ensuring transparency about the purposes and third parties involved, and allowing parents to exercise their rights to access, review, and request modifications or deletions of their child's data.

6. Foster a culture of privacy and confidentiality within the educational institution by emphasizing the importance of student privacy, promoting ethical data practices, and holding all stakeholders accountable for adhering to privacy policies and regulations.

By implementing these recommendations and following best practices, educational institutions can uphold student privacy rights, mitigate legal risks, and create a secure and trusted learning environment.

Linnette Attai. (2019). Protecting Student Data Privacy: Classroom Fundamentals. Rowman & Littlefield Publishers.