A global pandemic has recently forced schools to operate remotely or in hybrid learning models. Educators have had to adapt their skills as they begin relying on technology as their main source of communication. Professional development and other resources must be offered to address legal liability involved with distance learning. As the fall semester approaches, educators must be prepared to use technology with confidence, while protecting a student’s legal rights. 

Citation: National Education Association. (n.d.). NEA positions on technology and education. Retrieved from http://www.nea.org/home/58795.htm

This resource is a positional statement on how to best use technology within schools and how technology is best used when it mimics what students will encounter when they leave the school setting and enter the workforce. It emphasizes the value of professional development for the educator concerning technology as well as the pros and cons of distance education. 

Citation: Bushweller, K. (2020, June 2). How COVID-19 is shaping tech use. What that means when schools reopen. Education Week. Retrieved from https://www.edweek.org/ew/articles/2020/06/03/ how-covid-19-is-shaping-tech-use-what.html?intc=EW-TC20-TOC

·         Technology skills are rising as teachers learn to work remotely. 

·         Educators view technology in a better light as a result of the coronavirus pandemic. 

·         As online instruction evolves, educators spend a large amount of time      troubleshooting technology problems. 

·         Although most students receive one-to-one computer access, equity gaps exist causing sharing of devices.

·         A lack of high speed internet connections are a problem for students and staff as school budgets decline. 

Citation: Lieberman, Mark. (2020, June 2). Like it or not, K-12 schools are doing a digital leapfrog during COVID-19. Education Week. Retrieved from https://www.edweek.org/ew/articles/2020/ 06/03/like-it-or-not-k-12-schools-are.html

·         The pandemic has caused an acceleration towards the use of technology. 

·         However, after the pandemic is over, this trend may reverse as educators revert to old technology habits. 

·         Increased technology use will depend upon an educator’s access to professional development, resources, state and federal support, and ability to experiment and transform how they educate students. 

Source of Law: Federal administrative law

Citation: Children’s Internet Protection Act, 47 CFR § 54.520

Link to full text: https://www.govinfo.gov/content/pkg/CRPT-106srpt141/html/CRPT-106srpt141.htm

Legal requirements: 

·         CIPA imposes requirements to schools receiving discounts for internet access. 

·         Requirements include implementing an internet safety policy. 

·         Schools or libraries must certify compliance with CIPA before getting E-rate funding. E-rate funding refers to making communication services and products more affordable for schools and libraries.  

 

Source of Law: Federal statute

Citation: Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506

Link to full text: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section6501&edition=prelim

Legal requirements:

·         COPPA places requirements upon those operating websites or online services if they are aware they are receiving information online from a child under 13. 

·         Requirements include posting a privacy policy that indicates how information is used. 

·         COPPA requires that parents are given “direct notice” of information practices before information is collected from children. 

·         Procedures must be implemented to protect the personal information of children. 

Source of Law: State statute  

Citation: Development of Long-Range Plan, Tex. Educ. Code § 32.001

Link to full text: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Legal requirements

·         Technology will be used in the public-school system and professional development will be implemented for educators.

·         Computer literacy will be fostered among students.

·         Technology accessibility for students with disabilities must be considered.
·       Computer literacy requirements for students indicate that every high school student that graduates from Texas must acquire computer-related skills through accessible technology during instruction.

Source of Law: State administrative 

Citation: Technology-Based Instruction, 19. Tex. Admin. Code § §70.1001 et seq. 

Link to full text: http://ritter.tea.state.tx.us/rules/tac/chapter070/ch070aa.html

Legal requirements

·         This law outlines how the Texas Virtual School Network may run regarding electronic courses.

·         It sets course and program requirements, along with student eligibility.

·         This law further outlines attendance, enrollment, and withdrawal procedures, as well as fees associated with a Texas Virtual School Network course. 

Requirements and professional development for educators of the electronic courses are noted as well as rights and local policy concerning electronic courses. 

Source of Law: Local administrative 

Citation: Dallas Independent School District. (2019, May 22). Student Handbook. Retrieved from https://www.dallasisd.org/Page/127

Link to full text: https://www.dallasisd.org//cms/lib/TX01001475/Centricity/Domain/11/2019-2020%20Student%20Handbook.pdf

Legal requirements: All Dallas ISD students must follow guidelines when using technology owned by the district for educational purposes. If students do not follow these guidelines, they may lose technology privileges. 

Citation: American School Counselor Association. (2016). Ethical standards for school counselors. [PDF file]. Alexandria, VA: Author. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Ethical code item: A.14. Technical and Digital Citizenship

 

The American School Counselor Association (2016) notes that counselors must “advocate for equal access to technology for all students” (p. 6). This code also encourages counselors to consider ethical and legal ramifications of technology, including concerns related to confidentiality and security. 

Citation: Connect Safely (n.d.). The educator's guide to student data privacy. Retrieved from https://www.connectsafely.org/eduprivacy/

 

This resource provides educators with a guide to protecting student data privacy when using technology according to federal and state laws. It also provides resources for educators to understand or obtain additional training related to the law, as well as a podcast and webcast related to technology tips for educators. Educators can access quick guides on topics such as cyberbullying, cyber security, and secure passwords. 

·         Student confidentiality and security must be protected by the educator. 

·         Laws to remember include the Children’s Online Privacy Protection Act (COPPA) and the Children’s Internet Protection Act (CIPA) that both work to protect students by enforcing the creation of an internet safety policy and controlling information collected from children under 13.

·         Educators must utilize professional development and other resources in order to better serve students as online instruction evolves. 

·         Technology must be accessible to all students and they must follow guidelines outlined by their school district. 

·         As coronavirus continues to reshape how technology is used in schools, educators must consider legal obligations in order to better protect students in an increasingly digital world.