EDG 6305 Legal Guide Kerri Graham by Kerri Graham

Reason for Choosing This Topic:

kwhitaker2_ — 2024-07-08 17:53:12 UTC

I chose this topic because, as an educational counselor, I recognize the importance of maintaining the trust of K-12 students and their families by ensuring the confidentiality and security of student data. With the growing use of technology in schools, there is an increased risk of data breaches and unauthorized access to sensitive information. Understanding and complying with Texas Education Code §32.151 is essential for educators and administrators to protect student data and maintain a secure educational environment.

kwhitaker2_ — 2024-07-08 18:08:20 UTC

Include a description of your professional perspective and field of education
A description of the audience and topic of the Legal Guide
Include why you chose this topic.

Description of Professional Perspective and Field of Education

kwhitaker2_ — 2024-07-08 18:15:51 UTC

As an educational counselor, my professional perspective is rooted in providing holistic support to students to ensure their academic, personal, and career development. This involves guiding students through the complexities of educational choices, helping them identify and cultivate their interests and strengths, and assisting them in setting and achieving their academic and career goals. A crucial aspect of my role is fostering a safe and supportive environment where students can thrive.

Description of the Audience

kwhitaker2_ — 2024-07-08 18:21:20 UTC

The audience for the legal guide on Texas Education Code §32.151 includes a diverse group of educational professionals and stakeholders responsible for safeguarding student data privacy and security within Texas school districts for students K-12 (Texas Education Code §32.151, 2024). This legal guide is geared for counselors, educators, Administrators, and the IT staff.

kwhitaker2_ — 2024-07-08 18:21:36 UTC

American Counseling Association. (2014). ACA code of ethics. Retrieved from https://www.counseling.org/knowledge-center/ethics

Bulger, M. (2016). Personalized learning: The conversations we’re not having. Data & Society Research Institute. Retrieved from Data & Society.

Coffey, L. (2023, June 15). Tutor.com Faces Senate Scrutiny Over Privacy Concerns. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/06/15/tutorcom-faces-senate-scrutiny-over-privacy-concerns

EDUCAUSE. "Student Data Privacy and Security: A Call for Transparent Practices." EDUCAUSE Review, October 3, 2022. Retrieved from https://www.educause.edu

Hinkle, J. S., & McCoy, J. (2020). Counseling children and adolescents: Connecting theory, development, and diversity. Pearson. Retrieved from https://www.pearson.com/store/p/counseling-children-and-adolescents/P100000112362

Regan, P. M., & Jesse, J. (2019). Ethical challenges of edtech, big data, and personalized learning: Twenty-first century student sorting and tracking. Ethics and Information Technology, 21(3), 167-179. doi:10.1007/s10676-019-09515-0

Singer, N. (2018). Privacy concerns as education apps spread haphazardly. The New York Times. Retrieved from The New York Times.

Stewart, B. (2023, May 11). Why Higher Ed Needs Data Ethics. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/05/11/why-higher-ed-needs-data-ethics

Texas Education Code §32.151. (2024). Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Texas Education Code. (2023). Texas Education Code Annotated. Tex. Educ. Code Ann. § 1.001 et seq. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm

Texas Education Agency. (2023). Student data privacy and security. Retrieved from https://tea.texas.gov/academics/technology-and-data/student-data-privacy

Texas Legislature. (2019). Texas House Bill 3, 86th Legislature. Tex. H.B. 3. https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00003F.htm

U.S. Department of Education. (2020). Protecting Student Privacy. Retrieved from U.S. Department of Education.

U.S. Department of Education. (2023). Elementary and Secondary Education Act of 1965. 20 U.S.C. § 6301 et seq. https://www.congress.gov/bill/114th-congress/house-bill/5/text

U.S. Department of Education. (2023). Individuals with Disabilities Education Act. 20 U.S.C. § 1400 et seq. https://sites.ed.gov/idea/statute-chapter-33

kwhitaker2_ — 2024-07-08 18:24:07 UTC

Find a resource from a professional association in education related to your topic, provide a citation, link (if available)
A summary of how the resource is informative for your topic (approximately 2-3 sentences). It can be a blog they produced on the topic, an issue summary related to legislation, a report, a position statement, a training session, a webinar, etc.

kwhitaker2_ — 2024-07-08 18:26:19 UTC

Identify credible news periodicals and two articles (one for each slide) related to your topic,
provide a citation, link, and a bulleted summary of how the news articles inform the current state of issues related to your topic. The articles may describe situations in the schools related to your topic or specifically discuss trends related to your topic.

kwhitaker2_ — 2024-07-08 18:28:51 UTC

Identify four (4) important original laws related to your topic, one law for each slide. The laws should represent the four sources of law and both federal/state levels.
Include the source of law, citation, link to full text of law, and a brief bulleted list about the law and the legal requirements. (Please note: this is what you are submitting in Module 5, so you should use your feedback and make revisions to get full credit.)

kwhitaker2_ — 2024-07-08 18:30:23 UTC

Identify a local policy/rule from a school/educational institution that illustrates how institutions are approaching your topic through policy or rules.
Include the citation, link (if possible), and 1-2 sentences summary explaining how the policy relates to the topic.

kwhitaker2_ — 2024-07-08 18:32:20 UTC

Identify one item in your professional code of ethics related to your topic or related to an ethical dilemma that can come up in scenarios related to your topic.

Include the ethical code item, citation for the code of ethics, link to the code of ethics, and approximately 2 sentences explaining the connection to your topic. (Return to Module 2 for a list of the most common ethical codes used by educators.)

kwhitaker2_ — 2024-07-08 18:44:24 UTC

Identify any book/website/report that is from a non-law source (does not represent the four sources of law) helpful for professionals in your field to learn about your topic.
Include the citation, link, and 2-3 sentences about the resource and how it informs your topic.

kwhitaker2_ — 2024-07-08 18:45:17 UTC

Analyze your content and summarize for your audience a list of at least 6 and no more than 10 bulleted statements of recommendations related to educational practice for this topic or best practices for legal compliance.

kwhitaker2_ — 2024-07-08 18:48:16 UTC

Must include a practical summary of the Legal Guide topic. The summary should include

why the Legal Guide topic is important in your field of education or how it is impacting your field of education, (approximately 4 sentences)
an emerging issue related to your topic that educators should watch to see how it plays out and impacts your work, (approximately 4 sentences)

kwhitaker2_ — 2024-07-16 03:05:23 UTC

Data privacy is crucial in the field of education because it involves the protection of sensitive student information, including academic records, personal identification details, and behavioral data. Ensuring data privacy helps maintain trust between educational institutions and students, fostering a safe learning environment. With the increasing integration of digital tools and platforms in education, safeguarding this information is more critical than ever. Compliance with laws such as FERPA (Family Educational Rights and Privacy Act) is necessary to avoid legal repercussions and uphold the integrity of educational institutions (U.S. Department of Education, 2020; Bulger, 2016).
An emerging issue related to data privacy in education is the growing use of artificial intelligence (AI) and machine learning to analyze student data for personalized learning experiences. While these technologies offer significant benefits, they also pose new privacy risks, such as potential data breaches and unauthorized data sharing. Educators should monitor how regulations evolve to address these concerns and ensure that AI implementations are designed with robust privacy protections. This will impact how data is collected, stored, and utilized, requiring ongoing adaptation to maintain compliance and protect student privacy (Singer, 2018; Regan & Jesse, 2019).

kwhitaker2_ — 2024-07-16 03:09:37 UTC

EDUCAUSE. "Student Data Privacy and Security: A Call for Transparent Practices." EDUCAUSE Review, October 3, 2022. https://www.educause.edu
The EDUCAUSE report emphasizes the critical need for transparency in data privacy practices in higher education. The report highlights that institutions must clearly communicate their data collection, storage, and usage policies to build student trust and address equity concerns. Additionally, the report suggests practical steps for institutions to improve their data privacy practices and recommends fostering an informed and ethical culture around data use among students (EDUCAUSE, 2022).

Article 1

kwhitaker2_ — 2024-07-16 03:14:51 UTC

"Why Higher Ed Needs Data Ethics"

Periodical: Inside Higher Ed
Citation: Stewart, B. (2023, May 11). Why Higher Ed Needs Data Ethics. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/05/11/why-higher-ed-needs-data-ethics

This article discusses the necessity for higher education institutions to adopt data ethics policies. It highlights survey findings that reveal significant gaps in educators' knowledge about data practices and privacy implications. The article argues for developing sector-wide ethical norms and transparent data governance to protect students and faculty from privacy risks. Emphasizes the importance of educating campus communities about the ethical use of data to foster informed decision-making in a data-driven educational environment (Stewart, 2023).

Article 2

kwhitaker2_ — 2024-07-16 03:16:01 UTC

"Tutor.com Faces Senate Scrutiny Over Privacy Concerns"

Periodical: Inside Higher Ed
Citation: Coffey, L. (2023, June 15). Tutor.com Faces Senate Scrutiny Over Privacy Concerns. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2023/06/15/tutorcom-faces-senate-scrutiny-over-privacy-concerns.

This article covers the U.S. Senate's investigation into Tutor.com data privacy practices, focusing on its ownership by a Chinese company. Concerns are raised about the potential for student data to be accessed by the Chinese government due to national security laws. Tutor.com defends its data protection measures, asserting compliance with U.S. laws and high data security standards. The article illustrates the broader context of data privacy issues in education, particularly regarding international data storage and legal compliance (Coffey, 2023).

Elementary and Secondary Education Act (ESEA)

kwhitaker2_ — 2024-07-16 03:33:02 UTC

Source of Law: Federal Statutory Law
Citation: 20 U.S.C. § 6301 et seq.
Link: ESEA Full Text
Key Points:
- Ensures equal access to education (U.S. Department of Education, 2023).
- Requires states to develop standards and assessments (U.S. Department of Education, 2023).
- Provides federal funding to improve education, especially in low-income areas (U.S. Department of Education, 2023).

Individuals with Disabilities Education Act (IDEA)

kwhitaker2_ — 2024-07-16 03:34:21 UTC

Source of Law: Federal Statutory Law
Citation: 20 U.S.C. § 1400 et seq.
Link: IDEA Full Text
Key Points:
- Ensures students with disabilities receive a free appropriate public education (FAPE) (U.S. Department of Education, 2023).
- Mandates the development of individualized education programs (IEPs) (U.S. Department of Education, 2023).
- Requires parental involvement in educational decisions (U.S. Department of Education, 2023).

Texas Education Code (TEC)

kwhitaker2_ — 2024-07-16 03:34:53 UTC

Source of Law: State Statutory Law
Citation: Tex. Educ. Code Ann. § 1.001 et seq.
Link: Texas Education Code Full Text
Key Points:
- Governs public education in Texas.
- Outlines requirements for school governance and student services.
- Establishes standards for teacher certification and school accountability (Texas Education Code, 2023).

Texas House Bill 3 (HB 3)

kwhitaker2_ — 2024-07-16 03:35:26 UTC

Source of Law: State Statutory Law
Citation: Tex. H.B. 3, 86th Legislature (2019)
Link: Texas HB 3 Full Text
Key Points:
- Aims to improve public school finance and student outcomes.
- Increases funding for public education and reduces reliance on property taxes.
- Requires implementation of full-day pre-K and increased compensation for teachers (Texas Legislature, 2019).

kwhitaker2_ — 2024-07-16 04:01:21 UTC

Texas Education Agency. (2023). Student Data Privacy and Security.

Link: Texas Student Data Privacy Policy

Summary: This policy outlines the protocols for protecting student data within Texas schools, emphasizing the importance of transparency and security in handling student information. It relates directly to the broader topic of educational laws and regulations regarding student privacy and data protection in K-12 education (Texas Education Agency, 2023).

Confidentiality

kwhitaker2_ — 2024-07-16 04:17:37 UTC

"Counselors maintain confidentiality of information received in the counseling relationship unless disclosure is required to prevent clear and imminent danger to the client or others."

Citation: American Counseling Association. (2014). ACA Code of Ethics.

Link: ACA Code of Ethics

Connection to Topic: This principle is vital in school counseling as it underscores the importance of protecting student privacy, and fostering trust in the counseling relationship. It directly relates to ethical dilemmas, particularly in situations where a counselor must balance confidentiality with the duty to protect the student or others from harm (American Counseling Association, 2014).

Counseling Children and Adolescents: Connecting Theory, Development, and Diversity

kwhitaker2_ — 2024-07-16 04:21:08 UTC

Citation: Hinkle, J. S., & McCoy, J. (2020). Counseling children and adolescents: Connecting theory, development, and diversity. Pearson.

Link: Counseling Children and Adolescents

Description: This book provides comprehensive insights into counseling practices specifically tailored for children and adolescents. It emphasizes the importance of understanding developmental stages and diverse backgrounds, equipping professionals with the skills needed to address ethical issues, including confidentiality and trust, in school counseling settings. This resource is essential for developing effective counseling strategies within the framework of education laws and ethical standards (Hinkle & McCoy, 2020).

Recommendations for Educational Practice and Legal Compliance

kwhitaker2_ — 2024-07-16 04:22:57 UTC

Prioritize Confidentiality: Always maintain student confidentiality to foster trust and encourage open communication in counseling relationships.
Implement Comprehensive Training: Ensure that all school staff receive regular training on student privacy laws and ethical standards related to confidentiality and data protection.
Establish Clear Policies: Develop and communicate clear policies regarding the handling of student information, including guidelines for when confidentiality may need to be breached.
Involve Students in Conversations: When discussing confidentiality and its limits, involve students in the process to help them understand their rights and the importance of safety.
Secure Record Keeping: Maintain secure storage of student records, both digitally and in paper format, with access limited to authorized personnel only.
Utilize Ethical Decision-Making Models: Apply frameworks, such as the ACA Ethical Decision-Making Model, to navigate complex ethical dilemmas effectively.
Engage Parents and Guardians: Foster open communication with parents and guardians about confidentiality policies and the counseling process while respecting student privacy.
Stay Informed on Legislation: Regularly review and stay updated on changes in education laws and regulations to ensure compliance with local, state, and federal requirements.
Promote a Safe Environment: Create an environment where students feel safe to discuss personal issues, knowing their concerns will be handled with care and confidentiality.
Document Ethical Decisions: Keep thorough documentation of ethical decisions and actions taken, especially in situations involving breaches of confidentiality, to ensure accountability and transparency.