Student Privacy Rights: In and Out of the Classroom

1. CLASSROOM
STUDENT PRIVACY IN & OUT OF THE

2. Disclaimer
Lawyers

4. “Students don't shed their constitutional rights
at the school house gates."

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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10. uncharted legal territory
Everyday Scenarios with
the Internet & Technology

11. Scenario #1: Asking a student for their social
network login credentials.

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.

16. Ask yourself the questions:
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Why and How are you using these monitoring
tools?

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

19. Scenario #3: Using RFID - Radio Frequency
Identification Technology

21. Not suggested!
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Tracking students in this manner can be costly,
hard to manage and intrusive.
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It can also be a public relations nightmare.

22. Scenario #4: Accessing Photos or Information
from a Device Such as a Cell or Smartphone.

24. Seminal Case on Student Privacy:
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New Jersey v. TLO

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.

27. Relevant Case:
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Robbins ex. rel Robbins v.
Lower Merion School District (2010)
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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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29. Scenario #6: Circumventing FERPA.

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.
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May just be the beginning of these types of
proposals.

32. Scenario #7: Parent Dissemination of User
Generated Content.

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.
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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.

35. The Fourth Amendment
When Does It Apply

36. Distinguishing Fourth Amendment from privacy
in the civil sense.

37. The Fourth Amendment could apply when you
are searching private accounts.

38. The First Amendment
When Does It Apply

39. Tinker v. Des Moines

40. Long-held precedent, since 1969, that students
have wide latitude to criticize to school officials
and policies.

41. kidz online.
yes, different rules apply.

42. Personally Identifiable Information (PII)

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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47. Avoiding the “Oh, crap.”
General Privacy Tips

48. California
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Privacy Policy Required
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It’s just good sense for schools too.
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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)

50. Protecting Student Records
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Over 8 million student privacy records have been
lost from nearly 600 security breaches since 2005.

52. We just scratched the surface.

53. ?

54. Lawyers
Gagnier Margossian
@gamallp
consult@gamallp.com
gamallp.com

55. CLASSROOM
STUDENT PRIVACY IN THE