The audience for this presentation is principals/future principals, teachers, and parents. All three parties will, at some point, come across student information and should know the ins and outs regrading the legality of sharing this information with others.

The topic I will be covering is in this presentation is student privacy and the sharing of student information. I chose this topic because of the increase use of social media in education, and seeing post regarding student achievements by the district. I wanted to understand the legal way to share/publish students work/achievement's to engage the community in their overall learning.

At the federal level, the topic of student privacy is governed by the U.S Department of Education. This department is in charge of administering and enforcing all laws regarding student privacy. There is a specific office within the Department of Education called the Student Privacy Policy Office (SPPO), which is in charge of investigating individual schools or districts that are not in compliance under student privacy law. This office also helps ensure that struggling districts have the resources to navigate and better understand how to be in compliance regarding student privacy laws. If a district is not in compliance with student privacy laws, the Department of Education could cut funding for the district, and or fine the district for not following the law.

State:

At the state level, the topic of student privacy is governed by the Texas Education Agency (TEA). TEA is in charge ensuring Texas schools are in compliance with federal and state laws regarding student privacy. TEA also has several departments tasked with training and helping school leaders better understand student privacy laws, and helps aid principals to ensure their schools are compliant with said laws.

What I learned

I learned that these agencies and departments work together to ensure that schools are complying with student privacy laws. The federal level helps shape what compliance looks like, while the state level helps ensure school leaders understand how to comply to with the laws that are set. I also learned that there are specific laws/policies in the state of Texas that go deeper into student privacy when compared to the federal law. As a future principal in the state of Texas, I must comply with federal and state laws regarding student privacy, and reach out to TEA if there are any questions or concerns that might arise.

Student privacy would fall under the Fourth Amendment of the United States Constitution which states: protects citizens from unreasonable searches and seizures (U.S. Const. amend. IV). The reason this issue would fall under The Fourth Amendment is because student information is protected, and can not be shared to anyone with out proper cause. This also aligns with several other federal and state laws regarding student privacy specifically, which will be shared on a later slide.

The Fourth Amendment protects against unreasonable searches and seizures (U.S. Const. amend. IV)

• Prohibits unlawful searches and seizures.

• Requires a specific process to obtain a search warrants.

• Protects peoples homes, papers, and effects.

https://constitution.congress.gov/constitution/amendment-4/

State:

Article VII of the Texas Constitution (Tex. Const. art. VII) would be the state constitutional law regarding student privacy. In the Texas Constitution Article VII it states: it is the duty of the Legislature to establish and maintain an efficient system of public free schools. This state constitutional law establishes that it is the duty of the state Legislature to create and maintain laws regarding public education, which in turn allows the Legislature to produce student privacy laws.

Texas Constitution Article VII (Tex. Const. art. VII)

• Section 1: Supports and maintains free and public education

• Section 3: Provisions of free text books

• Section 5: Permeant school funding

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm#7.17

The Family Educational Rights and Privacy Act (FERPA, 1974) is a statute law that regulates student records and information. FERPA is the over casting law that all school personnel has to comply with when working with or sharing student records or information.

Federal Statute: Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g)

• Gives parents the right to their child's educational records

• Gives parents the right to limit who see's and accesses their child's educational records

• Gives parents rights to change their child's records

https://studentprivacy.ed.gov/ferpa

Administrative Law:

The Protection of Pupil Rights Amendment (PPRA) 20 U.S.C. § 1232h and 34 C.F.R. Part 98

• This amendment was passed in 1978

• Surveys students regarding specific topics, the data is protected and reviewed by the US Department of Education.

• Topics Include:

  • Religion

  • Income

  • Metal or phycological issues

  • Political Stance

This amendment relates to student privacy, because of the private questions on these surveys. The data collected is not shared or published (with names attached), and is screened only by members within the US Department of Education.

https://studentprivacy.ed.gov/faq/what-protection-pupil-rights-amendment-ppra

New Jersey V. T.L.O., 469 U.S. 325 (1985)

• A student was caught smoking in the bathroom, which cause admin to search the students purse.

• The court case was regrading the legality of the search, and if it infringed on the students Forth Amendment rights.

• The court case concludes with the results of, schools not needing a search warrant or probable cause to search students that may be breaking the law.

This aligns with student privacy because staff can legally search a students property (bags, lockers, desk) without a warrant or probable cause. This was a grey area before this case, because Constitutional laws are for all people, including students. This case is cited when a student is searched at school, and illegal items are found.

https://supreme.justia.com/cases/federal/us/469/325/#:~:text=Although%20the%20Fourth%20Amendment%20applies,ordinary%20standard%20of%20probable%20cause.

Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

• Limits who has access to student information/data

• Protocol for releasing student records

• Giving the rights to parents and students to have access and change student information for the school.

FERPA is the overarching federal law when it comes to student data and information (FERPA, 1974). This law allows for parents to have access, as well as having certain protocols for student information to be released of published. Written consent must be taken before any student information is shared or published. This is important for principals to understand, in the case of wanting to share student work or achievement online.

https://studentprivacy.ed.gov/ferpa

• Prevents student data from being sold, or used for targeted advertisements

• Restricts the creation of student profiles (using data) unless there is a specific reason.

• Requires school districts to have a secure way in which to share and store private student data

This law isn't necessarily a local law or regulation, but is specific to Texas. After researching for local laws, I found that in the area I teach all school districts relate student privacy laws back to FERPA laws. The Texas Student Privacy Act helps combat student data leaks, along with districts selling student data to advertisement companies. Another take away from this law is that it makes districts accountable for safely securing student data to ensure it does not fall into the wrong hands.

https://capitol.texas.gov/tlodocs/85R/billtext/html/HB02087S.htm

1. Having a secure data base or program to ensure confidentiality.

   • According to The Texas Student Privacy Act (§ 32.151 et seq) all schools must have a secure way to store and share student data and information.

   • This is an important risk management technique, because student information will be share at some point and there needs to be a safe and secured way to do so. There are several companies that have secured data base programs that districts can use to not only keep student information in, but also share to the correct parties when needed.

2. Having a system in which parents must sign a waver to give the school permission to share student information.

   • This risk management technique would fall under Family Educational Rights and Privacy Act of 1974, which states that written consent must be collected before sharing student information.

   • As a future principal I would love to share my students successes online for families and community members to see and applaud. There must be a system, that all staff knows and understands, that is in place to ensure that parents sign off consent before we post about their student.

   • This is important so that we are in compliance with FERPA law, and that we don't post a child that is not supposed to be posted.

3. Regular Training

   • Regular training for all staff to be up to date regarding student privacy laws, and district policies.

   • The training will also consist of correct ways in which to share/publish student information.

   • This is important because it takes one staff member not knowing the law to get the entire school in trouble with the law. I would make sure that all my staff not only understands the laws, but follows them with fidelity.

(G) Standard 1.7 of the Texas Educators' Code of Ethics and Standard Practices states that the educator shall comply with state regulations, written local school board policies, and other state and federal laws. 

This ethical code relates to my topic, because of the several federal and state laws regarding student privacy. This code ensures that all Texas principals will comply with all regulation and laws, which includes all the laws discussed in this presentation. If a principal would post about a student online without parent consent, not only would they be breaking FERPA law but also the principal code of ethics. It would be in good practice to not only know the federal laws, state laws, but also this specific code of ethics standard.

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=7&ch=247&rl=2

My personal connection to the legal side of student information starts in the classroom as an elementary PE coach. I have several students that do outstanding things in the gym and want to show them off to the community. I have personally had to get parent consent before publishing a "athlete of the week" post, and had several discussions with my current principal regarding how to legal do so. The laws that regulate how to post about a student are straight forward, and if the principal is on top of it, there is a easy system to follow to do just that. I feel like the laws that regulate how to legally share student information are important, specifically for students that might be in special circumstances. If a student and their family are in hiding or in witness protection, it would be horrible if the school posted about them within getting consent. I feel it is also important, because at the end of the day it is the parents rights to have their child's information confidential if they want it to be. As long as the leadership at a school is aware and understands the laws, there should not be an issue regarding student privacy.

1. Know the laws- Understanding the legal side of student privacy, and the correct ways in which to share student information.

2. Train the staff- Staff should also be in the know when it comes to student privacy laws, and should understand how and when its ok to share student informations.

3. Having a system- There must be a methodical system in place so that teachers can ensure parent consent is given before sharing student information online or to others.

4. Having a secured data base- There needs to be a secured data base to keep and share student information to ensure there is never a data leak.

5. Contact local or state attorneys- A principal should annually meet with an attorney to stay up to date with any new or upcoming laws regarding student privacy.

6. Reminders- Having a blurb in the monthly announcements sent to teachers and or parents reminding them of the importance of student privacy. Along with explaining the system in which student information can be shared.

7. Follow the "needs to know" rule- Teachers should not share student information with other teachers, unless they need to know about said student. This can prevent confidential student information from being share via word of mouth.