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My professional perspective is working as a Curriculum and Instruction Masters teacher. I received my masters from Angelo State University and work diligently supporting new teachers to the district. This Legal Guide Padlet is a resource guide for new teachers as well as a refresher guide for teachers on a yearly basis. My topic is on Educational Records and Privacy. I chose this topic because many teachers are not fully aware of all the parent rights and privacy a parent is entitled to in reference to a  student.  There are many small details teachers need to be cautious about when referring to privacy and parental rights. It is easy to get caught up with beginning of year expectations and paperwork and overlook a major topic affecting our districts every year.

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I interviewed our school principal Maria Correa about the important topic in regards to educational records and privacy.

Importance of Educational Records & Privacy

Mrs. Correa explained the importance role she carries on our campus as a leader and confidant. As our main go to person she needs to be able to distinguish what information may be disclosed with or without consent. She feels it is her responsibility as an administrator  to ensure the  staff complies with the school laws. She also mentioned she  needs to be comfortable disseminating information about educational records and privacy to her staff.

Best Practices in Regards to Educational Records & Privacy

1. Yearly trainings with updated information to staff is on Mrs. Correras top list for best practice in keeping protocol for educational records and privacy.

2. She also believes the development of a learning culture between parents, students, and teachers is key. Mrs. Correa is a strong believer in parent communication and being an advocate for parents and students privacy.

3. Having a single designated person on campus who is also just as knowledgeable to assist and support with quick feedback to teachers who may have a question or concern about educational records and privacy is important. Teachers need to feel confident in asking for assistance when any question arises regarding the privacy of students.

Emerging Issues

Teachers not aware of the laws and the importance of privacy of a student is an emerging issue in schools. Withholding or sharing too much private information of a student can cost the district a great amount of money if not careful with the details of the action taken by a teacher. Although trainings are done yearly, many teachers overlook the great importance a small scenario may cause.
(M. Correa, personal communication, September 23, 2019)
Mrs. Correa, principal
Ruben Chavira Elementary
https://www.sfdr-cisd.org/elementary-school/ruben-chavira-elementary/

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FERPA Advice for New Teachers

This blog simplifies the topic on educational rights using a user friendly outline. Teachers can use this link as a quick reference when in question about a specific question. This blog defines, explains the responsibilities as a teacher and the penalties for not complying with Federal laws. Although there are many requirements for educational records and privacy, FERPA is a top concern for new teachers.
("FERPA Advice for New Teachers", 2017)

https://education.cu-portland.edu/blog/classroom-resources/ferpa-advice-for-teachers/

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Protecting the privacy of students and safeguarding the confidentiality of their records is a responsibility that must be addressed by every public school. FERPA, or the Family Education Rights and Privacy Act, was enacted into Federal law in 1974 and serves to help keep these records safe from public view.

Protecting private educational records

The FERPA protects the private educational records of students from unauthorized parties. Any information that personally identifies the individual must be kept confidential and under this provision, third parties have very limited access to the records.

Access for students and parents to their educational records

The FERPA allows students and parents access to educational records. Educational records include files, documents and other material maintained by the educational institution that is directly related to the student. A student's grades or written comments about their performance in class are examples of educational records that must be released to the child and his or her parents.

Individual records for a teacher's use only

Under the Family Education Rights and Privacy Act, a teacher does not have to reveal any individual records they may keep for their use only. Those records are considered personal and are not made available to the school or any other third party. Such records may be shared with a substitute teacher, if, for instance, they affect the way the substitute must deal with the student.

Penalties for not complying with FERPA

If a teacher, who is a representative of the school, does not protect the privacy of a student's educational records as outlined in the law, the teacher and the school may both face serious consequences. While revealing a child's grades to the rest of the class might not seem like a serious offense, it is a prohibited behavior under FERPA.

A school that is charged and convicted of privacy violations can lose their federal funding. In reality, courts have ruled that an accidental disclosure of some information that should have been kept private is not sufficient to withhold federal funding. If the school maintains a policy of disclosing sensitive personal information through its policies, they are then likely to be warned and, if the situation is not remedied, lose their funding.

Exceptions for third-party disclosure

There are certain instances where a school is allowed to share private student information with other parties:

Other educators or officials within the same school who have legitimate educational interests in the student.

When disclosure of information is necessary to protect the safety and health of the student.

Another school to which a student is transferring.

In order to comply with a judicial order.

Interested parties who are determining a student's financial aid eligibility.

What kind of information can be released without a student's consent?

Teachers should be aware of the types of information that does not require consent before it is released. Known as directory information, it includes such things as a student's name, address, e-mail address, place of birth, class level and any degrees that have been earned.

Information that cannot be released

Everything else, called non-directory information, must remain private until student's consent is obtained. Teachers can not post test scores from the class on a bulletin board or ask another student to distribute graded papers to the class. Graded work can not be stacked in a box for students to go through and take their papers. A teacher cannot post a list of class grades on the internet.

While a student's work can be evaluated by the class for learning purposes, once it is graded by the teacher, it is off limits for public view. If a teacher wants to write a letter of recommendation using non-directory information, the teacher must first get the permission from the student.
The basic rule is any non-directory information cannot be revealed without the prior consent from the student.
A few tips to avoid trouble

In general, use common sense and your best judgment to comply with the FERPA rules. If a teacher is in his or her office, reviewing a student's file online, and another student walks in, the screen should not be in the student's range of vision. One should never leave a computer unattended when student records can be viewed with the click of a mouse. Finally, any printed documents that contain a student's personal information should be shredded once they are no longer needed.

Learn More: Click to view related resources.

Tags: Leadership and Administration, New Teacher, Teacher-Parent Relationships

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Protecting the privacy of students and safeguarding the confidentiality of their records is a responsibility that must be addressed by every public school. FERPA, or the Family Education Rights and Privacy Act, was enacted into Federal law in 1974 and serves to help keep these records safe from public view.

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This article proposes Congress to clarify the statutes definition of "educational records"  to better make sense of the latest issues in education. The article discusses how districts are using FERPA  as an excuse to provide the public with factual anonymous incidents for the protection of the student. Concerned parents never get the real story of what happened at their child's campus because of the FERPA law, making parents feel this is an excuse by administrators. Parents feel the constant excuse of "student privacy", when an incident occurs, is a cover because the truth might insulate the reputation of a campus and their disciplinary action in the matter.

Department of Education has never penalized any institution since the law was enacted.

Many schools put secrecy before safety, insisting they are following the FERPA guidelines.

LoMonte, F. (2019, February 20). Student Privacy Laws Have Been Distorted (And That's a Problem). Retrieved from

https://www.edweek.org/ew/articles/2018/03/21/student-privacy-laws-have-been-distorted-and.html

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Commentary

Misinformation in the wake of Parkland tragedy highlights the need to reexamine FERPA

When a deadly or life-threatening crime takes place at an educational institution, the public justifiably asks: Did the school do enough to maintain safety? At such times, "we can't say anything because of student privacy" is a profoundly incorrect answer-legally, morally, and practically.

The Family Educational Rights and Privacy Act (FERPA) was enacted in 1974 to protect students against law enforcement snooping into secret files their schools might be keeping without their knowledge. Over the years, aggressive lawyering by school and college attorneys has distorted the statute to encompass much more-but not nearly as much as school administrators insist.

Journalists and concerned parents have been unable to obtain many documents from the Broward County school system that might help the public understand whether school authorities responded to the Parkland, Fla., mass shooter's capacity for violence with adequate urgency. Instead, they have met the "FERPA wall of secrecy" in asking about the background of Nikolas Cruz.

Government records, including those maintained by public schools, are normally presumed to be open for public inspection, even when the records contain sensitive or embarrassing information. But schools have widely come to misunderstand FERPA as preventing them from providing the public even with an anonymized factual description of serious disciplinary incidents or safety problems that involve students.

As a result, parents and community members regularly hear that "something bad happened" at a school but that they can't be told what it is or whether anyone was punished. This makes it impossible for the public to hold schools and colleges accountable for how they use their governmental authority.

When a North Carolina high school student went public last year with allegations that another student swung a noose at him and pulled a knife, the superintendent cited FERPA and told the public little more than that "the matter was immediately investigated by school officials and appropriately handled." After a 13-year-old Georgia student suffered a severe leg injury requiring amputation after an altercation with a district-contracted employee in 2016, the school claimed FERPA forbade them from releasing a surveillance video of the incident.

In these situations and hundreds more like them, schools invoke "student privacy" not because it makes students safer, but because it insulates school officials from having their disciplinary decisions second-guessed.

This is a gross misuse of FERPA. The U.S. Department of Education, which interprets and enforces FERPA (and has never penalized any institution as a violator since it was enacted) has said repeatedly that the statute is a narrow one, protecting only the confidentiality of students' education records. In an interpretation reiterated in several legal opinion letters, the department wrote to one school district in 2006 that "FERPA applies to the disclosure of tangible records and of information derived from tangible records. FERPA does not protect the confidentiality of information in general, and, therefore, does not apply to the disclosure of information derived from a source other than education records, even if education records exist which contain that information."

In other words, as long as a school is not being asked to release the contents of a school-maintained record, federal law presents no prohibition to the disclosure of information that comes from other sources. And it certainly presents no prohibition to the disclosure of information that could only be identifiable by somebody with firsthand knowledge of the situation. For instance, FERPA would not prevent schools from sharing a statement that, "Two students were suspended for making a bomb threat on Twitter," which does not identify the disciplined students by name.

When journalists ask for records about a case like Nikolas Cruz's, their purpose is to assess how government officials did their jobs. Right now, it is up for serious debate whether school authorities responded properly to a potential threat at Marjory Stoneman Douglas High School-but without access to the school's records, the debate is an uninformed one.

The initial wave of news stories reported that Cruz was expelled from Stoneman Douglas, but the Miami Herald later reported that no such expulsion took place. When an event of overriding public interest occurs, it serves no legitimate purpose for school officials to withhold accurate information, allowing speculation and rumor to proliferate. There is certainly no precedent for any school to be sanctioned as a FERPA violator for giving out such information (as, for instance, the University of Oklahoma did in announcing the expulsion of two students caught singing a racist song in 2015).

Time and again, educational institutions have put secrecy ahead of safety, insisting that FERPA prevents them from warning the public of dangerous students.

Fortunately, judges are seeing through the distortion of FERPA.

In 2011, an Arizona judge ordered Pima Community College to release internal emails in which employees discussed their concerns about a former student who went on to murder six people in Tucson and gravely wound Rep. Gabrielle Giffords. The judge turned aside the college's insistence that FERPA precluded disclosure of such emails.

More recently, a federal judge sanctioned Northern Kentucky University lawyers who frivolously claimed that FERPA prohibited coaches from testifying about how they responded to sexual-assault accusations against members of the school basketball team.

As these rulings reflect, it's eminently possible for schools to interpret FERPA in a common-sense manner that avoids absurd results.

In the Cruz case, it's nonsensical to say that a person who has admitted shooting 17 people to death has any legally recognizable privacy interest. FERPA or no, police and prosecutors will have ample access to all of the education records they care to see-no court will deny law officials access to those records once a student is in custody and facing trial. And Cruz has no reputation left to protect. Not one person's opinion of him will be lowered by finding out his disciplinary history, so even if FERPA could be interpreted to preclude disclosing his records, that interpretation makes no practical sense.

Federal regulations provide that, even if a FERPA violation is found, the U.S. Department of Education cannot take away a dime of federal money without first issuing a written warning and placing the school on a federal corrective plan. Only if the school refuses to accept the plan can the department then initiate financial penalties. That has never happened. FERPA is a toothless tiger-not an excuse for educational institutions to withhold essential information that's necessary for students and their parents to feel safe.

Whether school officials are doing enough to maintain safety is manifestly the public's concern. Schools know, or certainly should know, that they can say more than they're saying.

It's time for Congress to clarify the statute's definition of "education records" to conform with common sense.

Published in Print: March 21, 2018, as Student Privacy Laws Should Protect Students, Not School Officials

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Student Privacy Laws Have Been Distorted (And That's a Problem)

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Commentary When a deadly or life-threatening crime takes place at an educational institution, the public justifiably asks: Did the school do enough to maintain safety? At such times, "we can't say anything because of student privacy" is a profoundly incorrect answer-legally, morally, and practically.

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This article addresses common student guidelines that counselors and educators must be aware and vigilant of. It is easy to fall under the confidentiality triangle of what is considered ok to discuss verses what is an educational privacy of a student.
Many students will confide in counselors as their advocates, and prefer counselors to not discuss their conversation with their parents. Per TEC Section 26.004, counselors and educators are obligated to provide parents with with the information the student shared upon request.
Some exception to the rule could include:

Counselors and educators can withhold information if there is suspected child abuse from the parent.

Records used by counselors as a memory aid, and the counselor has determined can be harmful to the students mental and emotional health, then records may be withheld from the parents.

Counselors making the right call. (n.d.). Retrieved from
https://tcta.org/node/11472-counselors_making_the_right_call

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School counselors and other Texas educators are routinely confronted with issues involving the confidentiality of student records and related information. Decisions must be made - especially by school counselors - concerning receipt of, safekeeping and distribution of such information.

This article addresses common student confidentiality guidelines that counselors and other educators must carefully observe, as well as certain situations that may present counselors with difficult decisions to make. Unlike a baseball umpire required to make a quick judgment call without benefit of instant replay, counselors should have the opportunity to ask the proper questions, use available resources and ultimately make the "right call" regarding student confidentiality issues.

FERPA
All educators must observe the Family Educational Rights and Privacy Act or FERPA. This federal law requires educators to provide proper parties access to student records and personally identifiable student information, while strictly maintaining
their confidential status.

An educational record is defined as information directly related to a student and held by an educational institution or its representative. In many school districts, policy FL [LOCAL] provides a lengthy, but not exhaustive list of such records. Most
counselors, teachers and other school employees dealing with student records understand that this information may only be shared with the student and/or parent or legal guardian OR just the student when he/she is 18 years old or older. Educational records may also be shared with another educator with a legitimate
educational interest. Still questions may and do arise.*

*Several years ago, the U.S. Supreme Court was asked to decide if having student work graded in class by fellow students and calling out grades for the teacher to record violated FERPA. In a very common sense and educator-friendly decision, the Court held that such a time-honored practice did not violate FERPA and though not deciding the point, hinted that for purposes of FERPA, this practice may not even involve "student records."

Personally identifiable student information is exactly what it sounds like: any information found in a student's educational record that would make it easy to identify the particular student, e.g., his/her name, parents' names, Social Security or student ID number.

Common issues:
Q: Does a grandparent have a right of access to student records?
A: Only if the grandparent is a properly designated legal guardian or if written permission has been provided by a parent or eligible student.

Q: As a counselor, must I provide educational records and discuss student information with a non-custodial parent?
A: Generally, yes. Custody is not the issue. A parent may be denied access only if his/her rights have been terminated by a court of law or a court order otherwise expressly prohibits access.

Q: I received a subpoena requesting student records. What does this entail?
A: Since the wording of the subpoena is crucial, it should be reviewed by an administrator or records custodian prior to releasing any records. Legal counsel may be necessary in many instances to assure proper compliance with the subpoena.

Texas Education Code (TEC) Chapter 26

Chapter 26 was enacted by the Legislature in 1995 and was intended to promote parents' rights regarding participation in their child's education. TEC Section 26.004 restates FERPA's requirement that school districts must provide parental access to all written records maintained by the district pertaining to their child. Though not exhaustive, the list of such records does specify "counseling records" and
"psychological records." This particular provision provides a good segue to another issue that school counselors sometimes face, especially concerning "counseling records."

Troubled students (especially teens) may seek out a counselor (or teacher) as a confidante regarding personal matters. Some counselors may consider this part of their job. After all, the Texas Education Code states that "The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal and social abilities."

A problem frequently arising involves a minor student's desire for a"confidential" relationship with the school counselor. A student may simply assume that this exists, while at other times the student and the school counselor may believe that
such a relationship is possible simply by agreeing to this. The student may then disclose personal matters to the counselor which he/she is not willing to disclose to his/her parents, and which the student believes must remain confidential. A counselor must always be wary of such matters.

In most cases involving situations like this, there is no legal basis for a confidential relationship between the student and counselor. The school counselor will be legally obligated to share information the student has provided with parents upon request, including written records (per TEC Section 26.004). Also and importantly, the counselor must make sure he/she does not, or does not appear to, encourage or coerce the student to withhold any information from parents. TEC Chapter 26 provides that such is grounds for termination of a school district employee's contract.

Any exceptions?
There is a limited exception that applies to the student records discussed in the immediately preceding paragraph. If the records are kept in the sole possession of the counselor, are used only as a memory aid, and are generally accessible only to the counselor(who must also be a Texas-licensed mental health practitioner, e.g.,
Licensed Professional Counselor), and the counselor has made a determination that the release of such records would be harmful to the student's physical, mental or emotional health, then and only then, may the records be withheld from parents. Certainly seeking legal counsel would be advisable prior to withholding records under these very limited circumstances.

Finally, Chapter 26 does specifically provide an exception allowing counselors and other educators to withhold information concerning the report of suspected child abuse from parents. Note however that there is no provision that allows an educator to direct or encourage a student to withhold such information from his/her parents.

Hopefully this brief discussion of some of the issues will assist school counselors in making the correct call regarding student confidentiality issues. Batter Up!

This article is provided for general information purposes only, and is not intended to replace the advice of an attorney. TCTA members with questions or concerns related to confidentiality of students records should contact the TCTA Legal Department toll-free at (888) 879-8282.

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School counselors and other Texas educators are routinely confronted with issues involving the confidentiality of student records and related information. Decisions must be made - especially by school counselors - concerning receipt of, safekeeping and distribution of such information.

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Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990)- Statutory Law
Under ADA, records are considered confidential. This information may only be released without the consent of the individual only to safety and first aid workers, if necessary to treat an individual.

https://www.ada.gov/pubs/ada.htm

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Following is the current text of the Americans with Disabilities Act of 1990 [ADA], including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code.

The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings.

Three versions of the Americans with Disabilities Act of 1990, as amended are provided below. The first is the text with the amendments incorporated. The second version shows the text with the amendments highlighted by strike through text for deletions and bold text for additions. The third version shows the same highlighted content with additional coding for people who use screen readers.

Current text of the Americans with Disabilities Act of 1990 incorporating the changes made by the ADA Amendments Act of 2008. (HTML) | (PDF)
Text showing the changes to the Americans with Disabilities Act of 1990 made by the ADA Amendments Act of 2008 with deleted language shown as strike through font and new language shown in bold font. (HTML)
Text showing the changes to the Americans with Disabilities Act of 1990 made by the ADA Amendments Act of 2008 with deleted language shown as strike through font and new language shown in bold font with coding for access by people who use screen readers. (HTML)

Text of the Americans with Disabilities Act of 1990, before changes made by the ADA Amendments Act of 2008 (HTML) [archive].

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The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA requirements, streaming video, information about Department of Justice ADA settlement agreements, consent decrees, and enforcement activities and access to Freedom of Information Act (FOIA) ADA material

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Title 34, Section 99 in the Code of Federal Regulations (34 C.F.R. § 99).-Administrative Law

FERPA requires schools to enact and enforce policies to   safeguard the   confidentiality of students’ educational records.

Information can only be released with the consent of a parent or eligible student.

In health or safety emergencies information on students should be disclosed to appropriate parties.

https://www.law.cornell.edu/cfr/text/34/part-99

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34 CFR Part 99 - FAMILY EDUCATIONAL RIGHTS AND PRIVACY

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Texas Education Code, Section 26.004

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

attendance records

test scores

grades

disciplinary records

counseling records

psychological records

applications for admission

health and immunization information

teacher and school counselor evaluations

reports of behavioral patterns

https://codes.findlaw.com/tx/education-code/educ-sect-26-004.html

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Search Texas Statutes

Search by Keyword or Citation

(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:

(4) disciplinary 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.

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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Search by Keyword or Citation (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.

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The Children's Online Privacy Protection Act (COPPA)-Statutory Law

COPPA enforces a parent's right to control what information   websites collect about their children. Websites that target   children younger than 13 or knowingly collect information from   children must post privacy policies, get parental consent before   collecting information from children, allow parents to decide   how such information is used and provide an opt-out option for   future collection of a child's information.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule

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John Newman & Amy Ritchie, Bureau of Competition

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Children’s Online Privacy Protection Rule (“COPPA”)

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COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

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San Felipe Del Rio Consolidated School District Student Records Policy FL
Student records are confidential and are protected from unauthorized inspection or use. Employees should take precautions to maintain the confidentiality of all student records. The following people are the only people who have general access to a student’s records:
(1)  Parents:  married, separated, or divorced unless parental rights have been legally terminated and   the school has been given a copy of the court order terminating parental rights,

(2)    The student:  the rights of parents transfer to a student who turns 18 or is enrolled in an institution of   post-secondary education.  A district is not prohibited from granting the student access to the   student’s records before this time.

(3)    School officials with legitimate educational interests.

https://pol.tasb.org/Policy/Code/1180?filter=FL

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San Felipe Del Rio CISD - Policy On Line - Policy Code FL - STUDENT RECORDS -

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Texas Administrative Code Section 247.2
(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

In many instances it may seem innocent to disclose personal information to an outside source other than the parent. New teachers need to be vigilant of the consequences of not knowing in detail what the privacy of educational records consist of. Knowing student rights will protect the educator from facing any penalties to their certification.

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=7&ch=247&rl=2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Educators Guide to Student Privacy

This is a great website for beginner teachers to use as well as a refresher for all teachers to use as a resource. The guide answers the simple everyday questions regarding student privacy and the small overlooked details that associates with this topic.
This website covers several topics from general ed in the classroom to online technology apps that may be overlooked by many teachers. There are additional tabs in this website for further reading regarding related topics.
Sherpa. (n.d.). Retrieved from
https://ferpasherpa.org/educators/educators-guide-to-student-privacy/

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Educator's Guide to Student Privacy

The Educator's Guide to Student Privacy, written by teachers for teachers, covers several topics, including:

Why should classroom teachers care about student data privacy?

There are legal and ethical restrictions that impact districts, school, and teachers.Traditionally, student data consisted of things like attendance, grades, discipline records, and health records. Access to that data used to be restricted to the administrator, guidance counselor, teacher, or other school official who needed it to serve the educational needs of the child. With the use of technology in schools, traditional data is now often shared with companies that provide Student Information Systems (SIS), Learning Management Systems (LMS), and many other technologies. Parents, students, and others have raised concerns about what information is being collected or shared, and what use those companies might make of that data.

Teachers should be aware of Family Educational Rights and Privacy Act (FERPA) and applicable state laws, along with their district or school policies regarding the use of educational products and services from ed tech vendors. (More on FERPA and other laws below)

New technologies-including personal computers, mobile devices, apps, websites, programs, and online services-are used in classrooms in ways that cause new data to be generated about individual students that never existed before including drafts and edits as they are recorded and showing the pacing and record of their performance through a math or reading program.

Communications between students and teachers, or students and other students-along with everything from last night's math homework to the metadata of their online behavior while immersed in an app-is now created, collected, and often held by third party educational technology vendors.

Teachers are ethically obliged to follow and model good digital citizenship practices and behaviors with their students. This includes thinking carefully about the digital products and processes that are incorporated in any project or lesson design.

What constitutes student data?

Information that is tied to individual students is referred to as personally identifiable information, or PII, and is subject to additional restrictions in laws and regulations.

Student personal information includes any information about a student's identity, academics, medical conditions, or anything else that is collected, stored, and communicated by schools or technology vendors on behalf of schools that is particular to that individual student. This includes a student's name, address, names of parents or guardians, date of birth, grades, attendance, disciplinary records, eligibility for lunch programs, special needs, and other information necessary for basic administration and instruction. It also includes the data created or generated by the student or teacher in the use of technology-email accounts, online bulletin boards, work performed with an educational program or app, anything that is by or about the individual student in the educational setting. Some student personal information such as social security number, is highly sensitive and collection may be barred by state law.
OTHER SECTIONS OF THE GUIDE COVER:

What is an education record?

What if I want to use an education app or tool and I don't know if my school/district has vetted it?

What should I do if my school has already vetted an app or tool?

What about companies that provide online tools to schools?

What should I do if a student suggests an unvetted education app to use for a project?

What if my students and/or I want to use or recommend a technology tool that was not specifically designed for education?

What are the federal and state laws that we need to follow?

Some questions to help you quickly evaluate whether an app, website, product, or service will protect your students' information.

DOWNLOAD THE GUIDE
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The Educator's Guide to Student Privacy, written by teachers for teachers, covers several topics, including: Why should classroom teachers care about student data privacy? There are legal and ethical restrictions that impact districts, school, and teachers.Traditionally, student data consisted of things like attendance, grades, discipline records, and health records.

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Slide #13 Recommendations / Best Practices for Compliance

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Slide #13 Recommendations / Best Practices for Compliance

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Teachers need to understand that every year knowing the laws, as well as the changes to the laws in regards to student privacy is a bigger responsibility than it was in the past. Here is a list or summary of a few items that may keep an educator safe from any conflicts over confidentiality.

LAWS: State laws and Federal Laws govern confidentiality in the classroom. The laws will explain in detail what can and cannot be released.

Medical Privacy: keep in mind that teachers do have access to medical files, but the information cannot be shared with anyone but the parent without the parents consent.

Grading System: teachers can discuss grades with parents but legally cannot make a child's grade public. All students personal information must be deleted before using the data.

Code of Ethics: It is easy for a child to want to speak to a teacher in private. Keep in mind if the disclosed information can cause harm to the child, it is the teachers responsibility to report the know information to parents and administrator.

Reporting Administrator: Know who on your campus is the person in charge of records and the person who can easily answer any questions of concern when the primary administrator is not available. Having someone to go to can prevent any mistakes regarding student confidentiality.

Refresher:  always try to stay updated with current events. There is always something new or changes to a current law.  Something new is learned every year, something may be overlooked or a circumstance may occur, therefore, the refresher trainings are always a good idea to attend and take notes.