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

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

• This Law states the purpose of Article I, Section 8

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

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

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

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

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

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

Tex. Const. art VII, 1

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

U.S. Const. art.

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

Federal Children Online Privacy Protection (1998)

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

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

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

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

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

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

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

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

Privacy of Information

• Texas Statue

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

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

  
  

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

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

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

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

• Federal Mandate

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

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

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

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

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

• Texas mandate

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

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

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

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

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

• Participation from parents with their child's education.

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

• Having a safe and disciplined learning environment

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

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

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

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

(Privacy Technology Assistance Center, 2018)

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

• Resource for stakeholders

• Training for data privacy, confidentiality, and safety measures.

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

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

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

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

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

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

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

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

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

**

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

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

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

  1. Does the information qualify as a student record?

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

  3. Was there any information released and to whom?

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

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

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

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

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

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

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

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

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

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

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

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

Tex. Const. art VII, 1

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

U.S. Const. art.

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