The Federal Trade Commission regulates the Children's Online Privacy Protection Act (COPPA) which regulates website's collection of information from children under 13 (15 U.S.C. § 6501). While this is not directly tied to schools, it is important that school leaders are aware of privacy requirements, especially with the rise of education technology in classrooms.

In addition, the Texas Education Agency also regulates the Texas Student Privacy Act, which prohibits websites selling or using student data for targeted advertisements or to create a profile of their website activity (19 Educ. Code § 32.152).

The Texas Bill of Rights follows suit, in that the right to privacy is not explicitly stated, but implied. For example Section 8 states that Texans have the right to free speech, which implies the right to privacy of beliefs, much like the federal First Amendment (Tex. Const. art I. § 8). Also, Section 9 of the Texas Bill of Rights also protects one's property from search and seizure, much like the federal Fourth Amendment (Tex. Const. art I. § 9).

Basic Tenets of FERPA

• Any school that receives funding from the Department of Education has a responsibility to keep certain student information confidential

• Only parents, eligible students, or school officials with an educational need can access educational records or personally identifiable information (PII)

• Parents have the right to review or request changes to their child's educational record. While the school must provide access to the record in an appropriate amount of time, they have the right to deny the request, and inform the parent of their reason.

• Schools must annually notify parents and eligible student of their rights under FERPA and discern the difference between PII and Directory Information, which is not considered harmful to share.

• Schools must allow parents and students the option to opt out of disclosure of directory information.

  (Dept. of Education, 2021).

Parents must provide consent for their students to participate in government based surveys that concern the following areas:

• political affiliations and beliefs

• mental or psychological problems in the family

• religious practices

• Income, other than what is required by law

• Sex behavior or attitudes

• privileged relationships with lawyers, doctors, and ministers

  This law also allows notice and inspections of upcoming surveys, physical examinations, or screenings furnished by the local education agency, Department of Education, or third party marketing organizations.

• Parents have a right to determine who their child is exposed to, therefore one can infer that the right applies to the sharing of their child's information.

• The case enforced the principle that parents are the primary decision makers for their children, and that government agencies cannot override that unless their is suspected abuse or mistreatment.

The law does not prohibit the sharing of information for the purpose of improving educational products or the user's educational experience.

In Section 32.152, prohibited use of student information is as follows:

• to engage in targeted advertising based off of users information

• to create a profile of the user's website history that is not related to school purposes

• to sell or rent student's information to other parties or websites

The district took the following steps in their school handbook to ensure compliance.

• Informing parents of the difference between PII and Directory Information

• Clearly stating the opt out policy

• Providing clear examples of the types of directory information the district would share and why

• Annually review the school's directory information policy to ensure that it aligns with the law, the school's values, and needs of all stakeholders. In addition, conducting student data privacy audits can determine if there are any gaps in privacy compliance (Innovare, 2023).

• Provide professional development training to all teachers and staff on the differences between PII and Directory information, as well as strategies for protecting student information. In addition, develop staff ability to recognize, report, and address privacy violations (Innovare, 2023).

• Work with technology staff to ensure that online resources comply with student privacy laws. While educational website should already follow the law, reviewing their compliance and creating a list of appropriate websites can further protect student data (Thompson, 2023).

• Determine a designated person to handle student privacy concerns. This can be a campus or district administrator with specific knowledge and training in the area, or in smaller districts, the campus principal. A designated expert in the field ensures that teachers receive consistent guidance on student privacy related issues.

• Create and communicate a school vision that ensures safety for all students. For many families, privacy of certain information equates to safety. The development and communication of your school vision should reflect respect for your families needs, as well as create a comfortable environment of trust.

• Discern the difference between PII and Directory Information. Some families, teachers, and staff may be unaware of certain parts of FERPA, PPRA, or the Texas Student Privacy Act. Schools can share resources to ensure that families are fully aware of the liberties that are afforded for them and their students.

• Develop a clear plan of community communication. Some families may be uncomfortable with certain communications that share their child's work, such as newspaper publications or social media posts. Having a plan of possible ways that directory information could be shared allows parents to make informed decisions on whether to opt out or not. Then communicate this to parents in multiple ways to ensure understanding. In addition, the privacy policy should be clearly accessible year round for reference.

• Ensure that administrative staff have the proper resources to ensure organized record keeping. Most parents exercise their right to privacy while registering their child for school, and keeping those records accessible allows easy reference when planning campus communication involving students.

• Be ready to communicate effectively and calmly with parents with concerns about their student's safety and privacy. Privacy is a sensitive topic for many families and maintaining an even keel approach can assure them you care and are on the same side. Circling back to the accessible privacy policy and resources can also be helpful in mitigating parent conversations.

Dublin Independent School District. (2024). Student handbook 2024-2025.  https://resources.finalsite.net/ images/v1727856580/dublink12txus/ad98qtbtms5cwqyyr8dr/2024-2025studenthandbook.pdf

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232

Innovare. (2023, May 11). 7 best practices for student data security and privacy compliance.  https://innovaresip.com/blog/student-data-privacy-bestpractices/#:~:text=Understanding

%20legal%20requirements%20for%20student,Key%20takeaways 

19 Tex. Educ. Code §26.013

Protection of Pupils’ Rights Act, 20 U.S.C. § 1232

Student Privacy Policy Office. (2021, July 9). A parent guide to the family educational rights and privacy act (FERPA). U.S. Department of Education. https://studentprivacy.ed.gov/sites/default/files/resource_document/file/A%20parent%20

guide%20to%20ferpa_508.pdf

Texas Education Agency. (2018). Texas educators’ code of ethics. https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/

ch247.pdf

Texas Student Privacy Act, 19 Educ. Code § 32.152

Thompson, R. (2023, March 15). 6 steps to protect student data privacy. Edutopia. https://www.edutopia.org/article/protecting-student-data-privacy/

Troxell v. Granville, 530 U.S. 57, (2000). https://supreme.justia.com/cases/federal/us/530/57/#:~:text=The%20Superior%20Court%20ordered%20more,right%20to%20rear%20their%20children.