7. Central Legal Question We Will Explore:
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How do schools balance students’ constitutional
rights with schools’ needs to maintain order and
a positive educational environment?
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8. This talk is not about some abstract case studies.
This talk is about you.
9. What We Will Discuss:
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Student Privacy Rights on Campus
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Students’ Use of Social Networks
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Student Records and Privacy
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School Use of Third Party Online Vendors
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Tracking Students
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Public Relations & Privacy Issues
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12. Not suggested!
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Not only is the case law all over the place,
various states are debating legislative proposals
to address this issue.
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Additionally, the Terms of Service of sites like
Facebook expressly prohibit this activity.
13. Scenario #2: Using private sector tracking
software to monitor students.
14.
15.
16. Ask yourself the questions:
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Why and How are you using these monitoring
tools?
17.
18. DOE & SIIA Issued Guidance
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1) Legal Awareness: Be aware of the relevant state and federal
laws
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2) Inventory of Services: Identify all the educational services
being used to assess the range of student information being
shared
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3) Approval Policies: Important that staff do not bypass internal
controls when deciding to use free online services, and those
should go through the same approval process as paid services
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4) Insert Contract Provisions: Detail policies for data use,
retention, and destruction
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5) Transparency: Let students and parents know what is going
on
25. Recent Cases:
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G.C. v. Owensboro Public Schools (2013)
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N.N. v. Tunkhannock Area School Dist. (2011)
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Mendoza v. Klein Ind. Sch. Dist. (2011)
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26. Scenario #5: Using Webcams or Other Means to
Take Photos of Students, Especially if the Device
Goes Off-Campus.
28. !
“LMSD is enjoined from accessing or reviewing any
student-created files contained on student laptops
(including but not limited to documents, e-mails,
instant messaging records, photographs, Internet
usage logs, and Web browsing histories) for any
reason except as permitted by the policies and
regulations contemplated by paragraph 7 of this
Order or otherwise pursuant to a signed consent
form that clearly and conspicuously sets forth the
ability of LMSD to access or review such files.”
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30. Example:
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FERPA changes that allow for sharing
students' personal information with other
state officials and private entities for a broad
spectrum of activities without the consent of
parents.
!
May just be the beginning of these types of
proposals.
33. Social Media Amplifies Broadcast Potential
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Policies should be in place for parents taking
photos with smartphones and sharing on
social networks.
!
Consider the implication for children in
situations where parents may have protective
or other restraining orders.
34. Parent & Staff Education
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You may think it’s common sense, but write it
down and share it with parents and staff
members.
43. “Personally identifiable information” is information
that identifies a particular person. “Pii” includes:
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• Full name;
• National identification number;
• IP address;
• Vehicle registration plate number;
• Driver’s license number;
• Face;
• Fingerprints;
• Handwriting;
• Credit card numbers;
• Digital identity;
• Date of birth;
• Birthplace; and
• Genetic information.
44. Children’s Online Privacy Protection Act
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Requires websites to get parental consent before
collecting or sharing info for children under 13.
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Enforced by the Federal Trade Commission.
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Applies to commercial websites and other online
services.
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45. COPPA Checklist
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1) Know what qualifies as personal information under the statute.
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2) Implement a standardized district-wide process for reviewing
an online or education technology service provider’s practices for
information collection, use and disclosure to ensure they are
COPPA compliant.
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3) Know where students are accessing information.
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4) Make sure the sites students visit have prominently displayed,
clearly stated privacy policies that meet COPPA’s requirements.
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5) Provide parents with a notice of the websites and online services
whose collection the school has consented to on their behalf.
!
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46. COPPA Checklist
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6) Inform parents of the procedure for opting out of sharing their
child’s personal information.
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7) Know when schools can or cannot consent on behalf of the
parents.
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8) Ensure the method used to obtain verifiable parental consent is
FTC approved, or you can apply to the FTC for pre-approval of a
new consent mechanism.
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9) Implement yearly trainings for school administration and
faculty covering the school or district’s COPPA responsibilities
and compliance practices.
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10) Educate students about online safety and privacy issues.
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49. Social Media Privacy Act
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Enacted to protect students at universities and
employees from the demand of usernames and
passwords.
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On the horizon - may be amendments to apply to
K-12 schools (exemptions for instances involving
bullying investigations)