Student's Privacy by Joanne Magana

Student's Privacy by Joanne Magana https://padlet.com/jmagana117/h6bq781if8wf75tr en-us 2022-12-04 04:17:24 UTC 2022-12-07 01:40:51 UTC hello@padlet.com #1) Professional Perspective jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407802909 Student's privacy has always been our top priority along with their safety in my school district. With the release of student's records one puts that student safety in risk. As a teacher, I believe information belonging to student's should not be released no matter if parent gave consent or not. Student's privacy involves any school personnel from principal, teacher, aide, substitute, janitors, and any other person from an educational facility. This is a topic that was chosen because of the much needed privacy and safety of the student.]]> 2022-12-04 04:32:24 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407802909 #2) Governing Agency jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803624 Governing bodies differ between state and federal level. The governing bodies at the state level govern only their state. While federal governing bodies govern the nation. This is the same for accountability. When the state is accountable its only accountable for their state's actions while the federal is accountable for the nation's actions.
The governing body for the state of Texas who is in charge of protecting the student's records/privacy is the Texas Education Agency (TEA). TEA is an agency who is in in charge of all public schools in Texas. As stated by TEA "The work of TEA and the entire public school system is driven by laws created by the Texas Legislature and the U.S. Congress and administrative rules adopted by the commissioner of education, the State Board of Education, and the State Board for Educator Certification (About TEA | Texas Education Agency, n.d.)."
The governing body at the federal level who is in charge of student's privacy/records is the U.S. Department of Education. The U.S. Department of Education states that any educational agency that receives funds "must adhere to federal privacy laws pertaining to education records of students (Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies - 2.A. Privacy-Related Laws That Apply to Agencies and Schools, n.d.) ."

Reference:
About TEA | Texas Education Agency. (n.d.). https://tea.texas.gov/about-tea

Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies - 2.A. Privacy-Related Laws That Apply to Agencies and Schools. (n.d.). https://nces.ed.gov/pubs2004/privacy/section_2a.asp]]> 2022-12-04 04:34:50 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803624 #3) Laws jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803710 Federal Law: Family Educational and Privacy Act
Family Educational and Privacy Act is an amendment which states that student's records are safe with the institution who created them. Any or all information that is requested must "Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent’s prior consent (Family Educational and Privacy Act, 20 U.S. Code 20 § 1232g, n.d)

References:
Family Educational and Privacy Act, 20 U.S. Code 20 § 1232g]]> 2022-12-04 04:35:12 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803710 #4) Statute/Law jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803903 Family Educational Rights and Privacy Act (Administrative Law):
FERPA is a " Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (20 U.S.C. § 1232g, n.d)."
-parents and eligible students have the right to request for a school to correct student's records.
-parents and eligible students have the right to inspect and review student's records.
-"schools must have written permission from the parent or eligible student in order to release any information from a student's education record (20 U.S.C. § 1232g, n.d)."

"FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law (20 U.S.C. § 1232g, n.d)."

References:
20 U.S.C. § 1232g, n.d

]]> 2022-12-04 04:35:59 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407803903 #5) Common/Case Law jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804056 Family Educational Rights and Privacy Act (Federal Law):
FERPA is a " Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (20 U.S.C. § 1232g, n.d)."
-parents and eligible students have the right to request for a school to correct student's records.
-parents and eligible students have the right to inspect and review student's records.
-"schools must have written permission from the parent or eligible student in order to release any information from a student's education record (20 U.S.C. § 1232g, n.d)."

"FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law (20 U.S.C. § 1232g, n.d)."

References:
20 U.S.C. § 1232g, n.d

]]> 2022-12-04 04:36:34 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804056 #7) Local Administrative Law/Policy/Rule jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804470 San Felipe Del Rio CISD student handbook is a policy that the district adopted based of FERPA. It states the rights parents and student's have in requesting and denying the right for student records to be released.

"These rights, as discussed here and at Objecting to the Release of Directory Information, are the right to:
- Inspect and review student records within 45 days after the day the school receives a request for access;
- Request an amendment to a student record the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of FERPA;
- Provide written consent before the school discloses personally identifiable information from the student’s records, except to the extent that FERPA authorizes disclosure without consent; and
-File a complaint (https://studentprivacy.ed.gov/file-acomplaint with the U.S. Department of Education concerning failures by the school to comply with FERPA requirements (San Felipe Del Rio CISD Board Policy Manual, n.d.)"

References:
San Felipe Del Rio CISD Board Policy Manual - Policy Online. (n.d.). Retrieved November 5,

2022, from https://pol.tasb.org/PolicyOnline?key=1180

]]> 2022-12-04 04:38:07 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804470 #8) Risk Management Strategies jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804899 Some risk management strategies that can be used to prevent student's data be released are:
-"providing regular training, updating applications, or maintaining policies and procedures.
-All ongoing action and technology used to identify potential data breaches, loss, or malicious attacks. Detective measures could include hardware/software alerts, compliance monitoring, or threat detection applications.
-Corrective measures should include an incident response plan, corrective plan/actions, and recovery plan/actions.

A school responds to each of these measures using administrative controls, technological controls, or physical controls.

Administrative controls approach data security and privacy by limiting access to specific applications or types of data.
Technological controls include applications or hardware that monitors the school’s network for potential attacks or threats.
Physical security protects the physical infrastructure from unauthorized access (Taylor, 2021)."

References:
Taylor, A. (2021, March 4). How to Implement a Systemic Approach to Student Data Security and Privacy. TechLearningMagazine. https://www.techlearning.com/how-to/how-to-implement-a-systemic-approach-to-student-data-security-and-privacy

]]> 2022-12-04 04:39:28 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407804899 #9) Ethical Principal jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805399 SFDR-CISD Employee Handbook:
"Standard 3.1 The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law (Ethical Conduct Towards Students, n.d.). "

This code of ethics relates to the issue of student's privacy because it mentions how an educator should not reveal any confidential information of the student. This relates to the topic because FERPA mentions how student's information should not be released without parent or eligible student permission.

References:
Ethical Conduct Towards Students. (n.d.). SFDRCISD Employee Handbook. Retrieved December 6, 2022, from https://www.sfdr-cisd.org/media/50wjyimy/employee-handbook-2022-2023-7-26-2022.pdf]]> 2022-12-04 04:41:24 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805399 #10) Personal Connection jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805674 A specific standard that relates to this issue is Standard 3.1 on our SFDR-CISD employee handbook. "The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law (Ethical Conduct Towards Students, n.d.). " As a teacher we are required to adhere by the code of ethics.

References:
Ethical Conduct Towards Students. (n.d.). SFDRCISD Employee Handbook. Retrieved December 6, 2022, from https://www.sfdr-cisd.org/media/50wjyimy/employee-handbook-2022-2023-7-26-2022.pdf]]> 2022-12-04 04:42:28 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805674 #11) Recommendations/ Best Practices for Compliance jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805922 The best practices/recommendations for student's privacy are:
-In your district or field have frequent trainings student safety
-Make sure your district blocks all malicious malware.
-Make sure your districts blocks unnecessary software
-Districts should notify when student's information should be released.
-Give parents sufficient time to deny the release of student's release.
- Make sure that student's information is released only to verified educational institutions.]]> 2022-12-04 04:43:25 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2407805922 #3) Laws jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2408364746 State Law: Parental Rights and Responsibilities (statute)
-schools are required to keep some records permanently
-schools should notify parents of release of directory information.
-schools should allow parents time to deny the right for the school to release any or all information of the student.
(Student Directory Information, 2005)

References:
Student Directory Information, Tex. Stat. § 26.013. (2005)

References:
Family Educational and Privacy Act, 20 U.S. Code 20 § 1232g]]> 2022-12-05 00:22:24 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2408364746 #4) Statute/Law jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2411437592 Parental Rights and Responsibilities (statute):
-schools are required to keep some records permanently
-schools should notify parents of release of directory information.
-schools should allow parents time to deny the right for the school to release any or all information of the student.
(Student Directory Information, 2005)

References:
Student Directory Information, Tex. Stat. § 26.013. (2005)

References:
Family Educational and Privacy Act, 20 U.S. Code 20 § 1232g]]> 2022-12-07 00:33:06 UTC https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2411437592 #6) Federal Regulation jmagana117 https://padlet.com/jmagana117/h6bq781if8wf75tr/wish/2411445691 Family Educational Rights and Privacy Act (Federal Law):
FERPA is a " Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (20 U.S.C. § 1232g, n.d)."
-parents and eligible students have the right to request for a school to correct student's records.
-parents and eligible students have the right to inspect and review student's records.
-"schools must have written permission from the parent or eligible student in order to release any information from a student's education record (20 U.S.C. § 1232g, n.d)."

"FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law (20 U.S.C. § 1232g, n.d)."

References:
20 U.S.C. § 1232g, n.d

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