dr. william allan kritsonis - privacy issues ppt

Download Dr. William Allan Kritsonis - Privacy Issues PPT

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Dr. William Allan Kritsonis - Privacy Issues PPT.

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  • 1. William Allan Kritsonis, PhD

2. Depending on circumstance 3. The purpose of this Act is to kept the public awareof the workings of the government states Every regular, special, or called meeting of agovernmental body shall be OPEN to the public.The meetings must be held within the boundaries ofthe school district. Open session meetings cover public businessmatters or public policies. 4. Defines meetings as staff briefing sessions where boardmembers receive information or give information to a third partyA written notice must be accessible at the administrationbuilding to inform the public about the place, date, time, andsubjects at lease 72 hours BEFORE the meetingOnly subjects on the written notice should be discussedTape recording or written minutes must be kept to reflect thesubject(s) discussed, decisions, or other actions taken. Theserecordings will be kept for at least 2 years 5. Closed meetings that are NOT open to the publicmust involve:1. Purchase or lease of real estate property2. Security measures3. Receipt of gifts4. Consultation with attorney5. Personnel matters6. Economic development7. Certain homeland security matters**Closed meetings must adequately describe thesubjects that will be discussed in a public notice 6. The Right to Know Guarantees the public has access to governmentinformation. The Texas Government Code givescitizens the right to access governmentrecords, without having to state a reason for therequest. Every citizen is entitled to a prompt andappropriate response to an open records request. 7. RIGHT TO KNOWRIGHT TO PRIVACY Name, sex, ethnicity, s All personalalary, title, and dates Information andof employment lifestyle matters thatwill violate someones Educators degree privacyobtained andcurriculum studied Evaluation documents Records and Transcriptsallegations against aschool personnel 8. Rights to Knowvs.Rights to Privacy 9. FERPA is a federal law that protects theprivacy of student education records. The lawapplies to all schools that receive funds fromthe state This Act ensure student and parental rightsin education. It also allows a student to VIEWor COPY the items inside of their records. 10. Parents can deny the release of information to thirdparties pertaining to their child Parents have unlimited access to their childs attendanceand counseling records, test scores, reports aboutbehavior, and ANY files, documents, and other materialmaintained by the school district pertaining to their child.Parents are entitled to receive a understanding aboutassessments that may be used to determine learningbehaviors and personality traits. Parental consent isneeded. Parents can challenge or question the content found inthe records and request an amendment to be added inthe file if the records are misleading. 11. If a school violates the regulations of FERPA they risk the chance of termination of federal funding through the U.S. Department of Education. Educators can face termination of employment!McGilvray v. Moses, 1999 12. The 4th Amendment guarantees the rights ofthe people to be secured in theirpersons, house, paper, and effects, againstUNREASONABLE searches and seizures, shallnot be violated, and no warrants shall issuebut upon probable cause 13. The Right to Privacy or the Right to Know Are students protected by the FourthAmendment the right fromunreasonable searches when randomlyasked to submit to a urine test? 14. Yes, BUT. As general rule, most districts practice theirright to know when suspicion arises. If anindividual is suspected of illegal drugpossession or usage, they can be subjected todrug testing. *This rule also applies to educators. Some degree ofindividualized suspicion is needed 15. Do school officials hold the same RIGHTS asparents to search a student to preserveorder? 16. YES!..... School officials can search a student if:1. a there is a REASONABLE cause that the student has violated a school rule or law.2. the search is appropriate for the age, gender, and nature of offence**A search can include lockers, cars, backpacks,and personal belongings 17. A school district or school can enforce a policythat requires a general search for ALL students.However, the students must be aware of thisaction in the student code of conduct. Thisincludes random drug testing and metaldetectors. Students should also know that any item inplain view will be taken and could besubjected to discipline measures.*students privacy rights are limited in the public school setting because the district is responsible and expected to maintain order. 18. The use of sniffer dogs or metal detectors to inspect personalbelongings, lockers and cars on school property is NOTconsidered a search during a general search. However.Once a sniffer dog or metal detectors alerts schoolofficials, there is grounds for REASONABLE SUSPICIONand a search can be conducted to locate thecontraband 19. The United States Supreme court ruled thatpublic schools are entitled to protection ofthe Fourth Amendment. Yet, the courts realized that school officialsmay need to perform searches to maintainorder. The FULL protection of theConstitution Does NOT apply to students. 20. TheEducators Right toKnow and Right toPrivacy 21. Is the personal information stored on a teachersschool-district owned computer privateinformation? 22. NO!If the computer was issued by the schoolfor educational purposes, it should notbe used for private or personal use. Theinformation stored on the computer isNOT considered private information andcan be inspected by the district atanytime. 23. Theconstitutional right of privacy does not protect against the disclosure of information about unlawful activity P.350 24. Defamation is false and unprivileged spoken wordsor written publication, which expose ridicules tolower the reputation of someone. Thesestatements has a tendency to cause damage toones occupation.Two types of defamation: slander- oral statements libel- written statements 25. 1. the words meets the definition of defamation2. the words were communicated to a third party3. the words are false4. caused injuryThese conditions suggest some defense to claim of defamation.Employees have the RIGHT to clear their names if their reputation is stigmatized due to defamationHammond v. Katy ISD 26. The community, educators, and students havethe RIGHT to KNOW and the RIGHT to PRIVACY. When a situation involves personalinformation, student records, studentsrights, work ethics, searches, and seizes, it isnecessary for one act with caution and usecommon sense to avoid violating someonesconstitutional rights and the risk of a lawsuit.Know the difference between the Right to KNOWand the Right to PRIVACY.