Legal and Ethical Guide by Rodolfo Nunez https://padlet.com/rnunez84/hcvjgddlq7rnm60q en-us 2023-05-08 15:10:58 UTC 2023-05-12 19:27:52 UTC hello@padlet.com Slide #1 Professional Perspective/Audience/Topic rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582239427 As an educator with a background in K-12 education, my professional perspective revolves around promoting a safe and conducive learning environment for students. I understand the significance of student privacy and the need to protect their personal information in today's digital age. With technological advancements and increased school data collection, all stakeholders must know their roles and responsibilities in safeguarding student privacy.

A report in 2020 revealed that public K-12 education agencies experienced 408 cybersecurity attacks during that year, many of which resulted in data breaches (Archambault, 2021). Misusing student data can have severe consequences, such as cyberbullying, identity theft, and social engineering, where individuals are manipulated into revealing personal information. (Archambault, 2021)

The intended audience for this issue includes parents, school faculty and staff, and board members. Each stakeholder is vital in ensuring student privacy and maintaining a secure educational environment. Therefore, the guide aims to provide them with essential information and guidelines to understand, protect, and uphold student privacy rights.

The rationale for choosing this topic is that student privacy is a critical aspect of education, especially now that digital tools, online platforms, and data-driven educational practices are on the rise. Therefore, all stakeholders must clearly understand the importance of student privacy and their responsibilities in safeguarding student data. By addressing this topic, we aim to create awareness, promote best practices, and foster a culture of privacy and trust within the educational community.

References:

Archambault, S. G. (2021). Student Privacy in the Digital Age. Brigham Young University Education & Law Journal, 2021(1), 1–48.]]> 2023-05-08 15:16:14 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582239427 Slide #2 Governing Agency rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582240719 In education, student privacy is governed by various federal and state agencies. The U.S. Department of Education oversees the Family Educational Rights and Privacy Act (FERPA) and provides guidelines and regulations for protecting student educational records and personally identifiable information (PII). FERPA ensures parents have control over releasing their child's educational records and sets forth procedures for schools to follow when handling and disclosing student information (U.S. Department of Education,2021).

At the state level, the Texas Legislature requires the Texas Education Agency (TEA) to set regulations for student privacy matters in education. As a result, these agencies typically establish policies and guidelines specific to their state's educational system. In addition, state departments of education or similar entities often oversee student privacy practices and support schools and districts in complying with state-specific requirements such as entering student data in Public Education Information Management System (PEIMS), (TEA,2023).

Accountability for student privacy at the federal and state levels involves monitoring and enforcement mechanisms. The U.S. Department of Education has the authority to investigate complaints and conduct audits to ensure compliance with FERPA. Non-compliance with FERPA can result in penalties, including withholding federal funds for educational institutions (U.S. Department of Education,2021).

Similarly, state-level agencies may have enforcement procedures to hold educational institutions accountable for protecting student privacy. These mechanisms may include conducting investigations, imposing fines or sanctions, and implementing corrective actions to address violations of state privacy laws.

Overall, the federal and state governing bodies in education, such as FERPA and state departments, play a crucial role in establishing regulations, providing guidance, and ensuring accountability for student privacy. Therefore, educators must be aware of and adhere to these regulations to safeguard student data and comply with applicable laws.

References:

Texas Education Agency. (2023). Common Questions about Privacy in TSDS. https://www.texasstudentdatasystem.org/TSDS/About/Security/Privacy

U.S. Department of Education. (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
]]> 2023-05-08 15:16:59 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582240719 Slide #3 Identify the federal and state constitutional laws rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582242404 Article 1, Section 3 of the Texas Constitution emphasizes the importance of equal rights. Regarding student privacy, Article 1, Section 3 can serve as a basis for protecting students' privacy rights within the educational context. It implies that students have a reasonable expectation of privacy in their personal information, academic records, and communications.

These legal requirements outlined in Texas Constitution Article 1, Section 3 emphasize the principles of equality, religious freedom, freedom of speech and press, and the right to assemble and petition. Accordingly, they serve as foundational rights and protections for individuals in Texas.

Tex. Const. art. I, § 3.
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1/CN.1.3.htm

The 14th Amendment is essential in relating to student privacy because it guarantees equal protection of the laws to all individuals, including students. It ensures that students have the right to privacy and protects them from arbitrary or discriminatory actions by educational institutions or the government. 

This clause prohibits states from treating individuals or groups differently in a way that violates their fundamental rights or is not based on a legitimate governmental interest.



U.S. CONST. amend. XIV.
https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_14_(1868)


]]> 2023-05-08 15:18:00 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582242404 Slide #4 Identify the one statue and one administrative law. rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582243271 This statute establishes the requirements and limitations on releasing and disclosing student records, including personally identifiable information, by educational institutions in Texas. It ensures that student records are confidential and can only be accessed by authorized individuals or entities for legitimate educational purposes.

This statute protects students by only parents/legal guards who can obtain school-related activity information.
Tex. Educ. Code § 26.008

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#26.008

Jim Walsh, Laurie Maniotis, & Frank R. Kemerer. (2018). The Educator’s Guide to Texas School Law : Ninth Edition. University of Texas Press.
This administrative code requirement and processes related to data submissions and standards in the context of Texas's Public Education Information Management System (PEIMS). PEIMS encompasses all data that educational organizations submit to the Texas Education Agency (TEA), including school districts, charter schools, and campuses.
The commissioner sets data standards for school districts and charter schools when submitting information to the TEA. These standards are necessary for the legislature and TEA to perform their authorized functions. The standards are published annually in official TEA publications and include descriptions of data collection and submission requirements, data elements and their codes (such as incidents of bullying and cyberbullying), and responsibilities of districts, education service centers, and TEA. 

19 Tex. Admin. Code § 61.1025

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=2&ch=61&rl=1025
61.1025]]> 2023-05-08 15:18:32 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582243271 #5 Identify the common or case laws rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582244389 1) The case Jensen v. Reeves, 3 Fed. Appx. 905 (10th Cir. 2001) involves a dispute regarding disclosing a child's misbehavior in school and its compliance with the Family Educational Rights and Privacy Act (FERPA). In this case, the Tenth Circuit Court of Appeals, which has jurisdiction over federal claims in certain states, including Utah, addressed the issue of limited disclosure to interested parties (Jensen v. Reeves, 2001)
  • The case involves two parties, Jensen and Reeves. The specific details of the parties and their roles in the case should be provided in the citation.
  • Issue: The central issue in the case was whether the limited disclosure of a child's misbehavior in school to interested parties complies with FERPA, which protects the privacy of student's educational records.
  • Tenth Circuit Decision: The Tenth Circuit determined that limited disclosure of a child's misbehavior in school is legitimate under FERPA. The court likely considered factors such as the purpose of exposure, the identity of the interested parties, and the extent of the information shared. (Jensen v. Reeves, 2001)

Jensen v. Reeves, 3 Fed. Appx. 905 (2001).

2) In the case of Owasso Independent School Dist. No. I-011 v. Falvo, the Supreme Court clarified that grades on peer-graded papers are not considered education records under FERPA. As a result, these grades are not protected by the Act's privacy provisions.
Legal Issue:
  • Respondent claimed that peer grading violated FERPA, which prohibits releasing sensitive student information without parental consent. The critical question was whether peer-graded assignments constituted education records under FERPA.
  • The Court's decision clarified that peer grading, as a standard educational practice, does not inherently violate FERPA.
  • It reaffirmed the distinction between institutional records and student assignments, specifying that FERPA records are typically maintained in a permanent file.
The Court stated that even if a teacher's grade book could be considered an education record, the grades on students' papers would only be covered by FERPA once the teacher collected and recorded them in the grade book. However, the Court limited its decision to this point and did not address whether grades on individual student assignments, once turned in to teachers, are protected by FERPA.

Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426, 122 S. Ct. 934, 151 L. Ed. 2d 896 (2002).
]]> 2023-05-08 15:19:12 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582244389 #6 Identify the federal regulation or mandate rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582245126 The Children's Online Privacy Protection Act (COPPA) is a federal law in the United States that addresses the online privacy of children under 13 (National Archives, 2023). COPPA regulates the collection, use, and disclosure of personal information from children by websites, online services, and mobile applications (National Archives, 2023). It aims to give parents control over the information collected from their children online. COPPA mandates websites and online services to obtain parental consent before collecting, using, or disclosing personal information from children (National Archives, 2023).

15 U.S.C 6501, et seq.

National Archives. (2023). Children’s Online Privacy Protection Rule. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312]]> 2023-05-08 15:19:31 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582245126 #7 Local Administrative Law/Policy/Rule rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582245694 Ysleta Independent School District (YISD), a large school district in Region 19, has implemented an Acceptable Use Policy to govern staff's use of student data. The policy aligns with the requirements of the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA) to ensure the safety and privacy of students. Before signing, employees must read and understand the policy, acknowledging their awareness of the strict limitations on sharing student data. The specific policy provision related to student data is as follows:
  • No student information, in any format, will be posted on the Internet without explicit parental permission, except for directory information (YISD, 2013).
Additional Information:
  • FERPA: The Family Educational Rights and Privacy Act (FERPA) protects student education records privacy. It grants parents certain rights to access and control their child's educational information (U.S. Department of Education,2021)..
  • COPPA: The Children's Online Privacy Protection Act (COPPA) is a federal law that focuses on protecting the online privacy of children under 13. It sets requirements for obtaining parental consent before collecting personal information from children (National Archives, 2023).
  • Acceptable Use Policy: An Acceptable Use Policy (AUP) is a document that outlines the proper use of technology and digital resources within an organization, including guidelines for handling student data. It helps employees understand their responsibilities and obligations when accessing and using student information (YISD,2013).
  • Directory Information: Directory information refers to student data considered public and can be disclosed without parental consent, such as a student's name, address, telephone number, email address, and other similar information. However, school districts typically allow parents to opt out of the disclosure of directory information.

National Archives. (2023). Children’s Online Privacy Protection Rule. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312

U.S. Department of Education. (2021, August 25). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Ysleta Independent School District. (2013). Acceptable Use Policy. https://www.yisd.net/
]]> 2023-05-08 15:19:53 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582245694 #8 Three risk management strategies rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582246879 Data Encryption and Secure Storage:
  • Encrypt student data during transmission and at rest (storage) to prevent unauthorized access (Attai, 2019).
  • Securely store sensitive information using strong access controls and encryption technologies to mitigate the risk of data breaches (Attai, 2019).
Privacy Policies and Consent Mechanisms:
  • Develop and enforce clear privacy policies that outline student data collection, use, and disclosure (Attai, 2019).
  • Implement robust consent mechanisms that allow parents and students to make informed choices about sharing and using their personal information (Attai, 2019).
Employee Training and Awareness:
  • Provide regular training and awareness programs to all staff members regarding student privacy laws, policies, and best practices (Attai, 2019).
  • Educate employees about adequately handling and protecting student data to minimize the risk of accidental or intentional privacy breaches (Attai, 2019).
These risk management strategies are crucial for safeguarding student privacy. They help prevent unauthorized access to sensitive information, ensure transparent data practices, and promote a culture of privacy awareness within educational institutions.

Linnette Attai. (2019). Protecting Student Data Privacy: Classroom Fundamentals. Rowman & Littlefield Publishers.
]]> 2023-05-08 15:20:35 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582246879 #9 Ethical Principle rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582247378 Three ethical dilemmas related to student data can arise within the context of student privacy:
  1. An ethical dilemma may occur when a teacher or staff member shares confidential student information with staff who are not directly involved in the student's education or do not have a legitimate need to know the information. This could include sharing information about a student with a colleague not assigned to that student or disclosing information to parents or external parties without proper authorization.
  2. Another ethical dilemma may arise when there is a data breach or security incident that compromises the privacy and confidentiality of student data. School Districts must have the most up-to-date cybersecurity measures and provide continues training to IT personnel to prevent negligence in handling sensitive information or malicious actions. 
  3. Lastly, with the increasing use of educational technology and data-driven decision-making, administrators may face ethical dilemmas in balancing the benefits of utilizing student data for educational purposes while protecting student privacy. District administrators need policies regarding collecting, storing, and analyzing student data, ensuring compliance with legal requirements and ethical considerations, and seeking informed consent when necessary.
These ethical dilemmas underscore the importance of administrators understanding and upholding the ethical standards outlined in the Texas Educators Code of Ethics, Standard 3.1, which emphasizes maintaining student confidentiality and disclosing information only when lawful and necessary.

Texas Education Agency. (2023) Educator's Code of Ethics. https://tea.texas.gov/texas-educators/investigations/educators-code-of-ethics
]]> 2023-05-08 15:20:55 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582247378 #10 Personal Connection to the Legal and Ethical Standards rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582247855 As a future administrator in education, my connection to legal and ethical standards stems from my deep understanding of applying the law to my educational journey. Through my experience in education, I have witnessed firsthand the importance of legal compliance and ethical conduct in creating a safe and supportive learning environment. Understanding the legal and ethical standards has provided me with the knowledge and skills to navigate complex situations, make informed decisions, and ensure that the rights and well-being of students are protected. This connection to the law has fueled my passion for education. It has motivated me to pursue my education goals, aiming to positively impact students' lives while upholding legal and ethical principles.]]> 2023-05-08 15:21:12 UTC https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582247855 #11 Bulleted list of Recommendations / Best Practices for Compliance rnunez84 https://padlet.com/rnunez84/hcvjgddlq7rnm60q/wish/2582248500 After analyzing the content regarding student privacy, the following are recommendations and best practices for educational practice and legal compliance concerning student privacy:
  1. Develop and implement comprehensive district-wide student privacy policies that clearly outline student data collection, use, storage, and sharing, ensuring compliance with federal and state laws and regulations.
  2. Regularly review and update privacy policies to address emerging technologies, data breaches, and changing legal requirements, and communicate these policies effectively to all stakeholders, including parents, faculty, and staff.
  3. Establish robust data security measures, including encryption, access controls, firewalls, and regular system audits, to safeguard student data from unauthorized access, use, or disclosure.
  4. Provide ongoing training and professional development for faculty and staff on student privacy rights, responsible data handling practices, and using educational technology tools and platforms properly.
  5. Obtain informed consent from parents or legal guardians for collecting and using student data, ensuring transparency about the purposes and third parties involved, and allowing parents to exercise their rights to access, review, and request modifications or deletions of their child's data.
  6. Foster a culture of privacy and confidentiality within the educational institution by emphasizing the importance of student privacy, promoting ethical data practices, and holding all stakeholders accountable for adhering to privacy policies and regulations.
By implementing these recommendations and following best practices, educational institutions can uphold student privacy rights, mitigate legal risks, and create a secure and trusted learning environment.

Linnette Attai. (2019). Protecting Student Data Privacy: Classroom Fundamentals. Rowman & Littlefield Publishers.

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