Our presentation from the Association of California School Administrators Safe Schools Conference, August 1, 2013.

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:
How do schools balance students’
constitutional rights with schools’ needs to
maintain order and a positive educational
environment?

8. This talk is not about some abstract case studies.
This talk is about you.

9. What We Will Discuss:
Student Privacy Rights on Campus
Students’ Use of Social Networks
Student Records and Privacy
School Use of Third Party Online Vendors
Tracking Students
Public Relations & Privacy Issues

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!
Not only is the case law all over the place,
various states are debating legislative
proposals to address this issue.
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. Ask yourself the questions:
Why and How are you using these monitoring
tools?

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

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

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

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

20. Recent Cases:
G.C. v. Owensboro Public Schools (2013)
N.N. v. Tunkhannock Area School Dist. (2011)
Mendoza v. Klein Ind. Sch. Dist. (2011)

21. Scenario #5: Using Webcams or Other Means
to Take Photos of Students, Especially if the
Device Goes Off-Campus.

22. Relevant Case:
Robbins ex. rel Robbins v.
Lower Merion School District (2010)

23. “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.”

24. Scenario #6: Circumventing FERPA.

25. Example:
Obama Administration proposal that would
have allowed 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.

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

27. Social Media Amplifies Broadcast Potential
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.

28. Parent & Staff Education
You may think it’s common sense, but write it
down and share it with parents and staff
members.

29. The Fourth Amendment
When Does It Apply

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

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

32. The First Amendment
When Does It Apply

33. Tinker v. Des Moines

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

35. kidz online.
yes, different rules apply.

36. Personally Identifiable Information (PII)

37. “Personally identifiable information” is information
that identifies a particular person. “Pii” includes:
• 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.

38. Children’s Online Privacy Protection Act
Requires websites to get parental consent before
collecting or sharing info for children under 13.
Enforced by the Federal Trade Commission.
Applies to commercial websites and other online
services.

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

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

41. Social Media Privacy Act
Enacted to protect students at universities and
employees from the demand of usernames and
passwords.
On the horizon - may be amendments to apply to
K-12 schools (exemptions for instances involving
bullying investigations)

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

44. We just scratched the surface.

45. ?

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

47. CLASSROOM
STUDENT PRIVACY IN THE