privacy issues - dr. william allan kritsonis
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DESCRIPTIONIn 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
- 1. Privacy Issues: Community,Educators, and Students
William Allan Kritsonis, PhD
2. The Right of Privacyvs. The Right to Know
3. The community, educators, and students have the RIGHT to Privacy and the RIGHT to know
Depending on circumstance
4. The Communitys Right to Know.
5. Texas Open Meetings(TOMA)
- The purpose of this Act is to kept the public aware of the workings of the government 6.states Every regular, special, or called meeting of a governmental body shall be OPEN to the public. 7. The meetings must be held within the boundaries of the school district. 8.Open session meetings cover public business matters or public policies.
TOMA AT A Glance:Open Meetings
- Defines meetings as staff briefing sessions where board members receive information or give information to a third party 9. A written notice must be accessible at the administration building to inform the public about the place, date, time, and subjects at lease 72 hours BEFORE the meeting 10. Only subjects on the written notice should be discussed 11. Tape recording or written minutes must be kept to reflect the subject(s) discussed, decisions, or other actions taken.These recordings will be kept for at least 2 years
- Closed meetings that are NOT open to the public must involve:
Purchase or lease of real estate property
Receipt of gifts
Consultation with attorney
Certain homeland security matters
**Closed meetings must adequately describe the subjects that will be discussed in a public notice
- Guarantees the public has access to government information.The Texas Government Code gives citizens the right to access government records, without having to state a reason for the request. 13. Every citizen is entitled to a prompt and appropriate response to an open records request.
Texas Public Information ACT
The Right to Know
14.Texas Public Information ACT
RIGHT TO KNOW
RIGHT TO PRIVACY
- Name, sex, ethnicity, salary, title, and dates of employment 15. Educators degree obtained and curriculum studied 16. Records and allegations against a school personnel
All personal Information and lifestyle matters that will violate someones privacy
17. Rights to Know
Rights to Privacy
Parents and Students
18. FERPA is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds from the state
This Act ensure student and parental rights in education.It also allows a student to VIEW or COPY the items inside of their records.
Family Educational Rights and Privacy Act The Parent/Students Rights
19. RIGHTS UNDER FERPA
- Parents can deny the release of information to third parties pertaining to their child 20. Parents have unlimited access to their childs attendance and counseling records, test scores, reports about behavior, and ANY files, documents, and other material maintained by the school district pertaining to their child. 21.Parents are entitled to receive a understanding about assessments that may be used to determine learning behaviors and personality traits.Parental consent is needed. 22. Parents can challenge or question the content found in the records and request an amendment to be added in the file if the records are misleading.
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
23. The 4th Amendment guarantees the rights of the people to be secured in their persons, house, paper, and effects, against UNREASONABLE searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause
- Are students protected by the Fourth Amendment the right from unreasonable searcheswhen randomly asked to submit to a urine test?
The Right to Privacy or the Right to Know
25. As general rule, most districts practice their right to know when suspicion arises.If an individual is suspected of illegal drug possession or usage, they can be subjected to drug testing.
*This rule also applies to educators.Some degree of individualized suspicion is needed
26.Searches and Seizures
Do school officials hold the same RIGHTS as parents to search a student to preserve order?
- YES!..... 28.School officials can search a student if:
a there is a REASONABLE cause that the student has violated a school rule or law.
the search is appropriate for the age, gender, and nature of offence
**A search can include lockers, cars, backpacks, and personal belongings
29. Reasonable Cause EXCEPTIONSNotice to students:
- A school district or school can enforce a policy that requires a general search for ALL students.However, the students must be aware of this action in the student code of conduct.This includes random drug testing and metal detectors. 30. Students should also know that any item in plain view will be taken and could be subjected to discipline measures.
*students privacy rights are limited in the public school setting because the district is responsible and expected to maintain order.
31.Sniffer Dogs and Metal Detectors
The use of sniffer dogs or metal detectors to inspect personal belongings, lockers and cars on school property is NOT considered a search during a general search.
Once a sniffer dog or metal detectors alerts school officials, there is grounds for REASONABLE SUSPICION and a search can be conducted to locate the contraband
32. The United States Supreme court ruled that public schools are entitled to protection of the Fourth Amendment.
Yet, the courts realized that school officials may need to perform searches to maintain order.The FULL protection of the Constitution Does NOT apply to students.
33. The Educators Right to Know and Right to Privacy
34. Right to know or the Right of privacy?
Is the personal information stored on a teachers school-district owned computer private information?
If the computer was issued by the school for educational purposes, it should not be used for private or personal use.The information stored on the computer is NOT considered private information and can be inspected by the district at anytime.
36. The constitutional right of privacy does not protect against the disclosure of information about unlawful activity
37. Defamation is false and unprivileged spoken words or written publication, which expose ridicules to lower the reputation of someone.These statements has a tendency to cause damage to ones occupation.
Two types of defamation:
slander- oral statements
libel- written statements
Law of defamation:slander and libel
38. the words meets the definition of defamation
the words were communicated to a third party
the words are false
These conditions suggest some defense to claim of defamation.
Employees have the RIGHT to clear their names if their reputation is stigmatizeddue to defamation
Hammond v. Katy ISD
Educators have a RIGHT to take legal action against defamation if:
- The community, educators, and students have the RIGHT to KNOW and the RIGHT to PRIVACY. 40. When a situation involves personal information, student records, students rights, work ethics, searches, and seizes, it is necessary for one act with caution and use common sense to avoid violating someones constitutional rights and the risk of a lawsuit.Know the difference between the Right to KNOW and the Right to PRIVACY.