State and Federal Law

California Law

 

  • SB 1177 – September 2014 – Student Online Personal Information Protection Act (SOPIPA) – The most comprehensive industry-targeted student-data-privacy legislation in the country. The law, spearheaded by Common Sense CEO Jim Steyer, is the most aggressive legislative effort to date aimed at protecting the privacy and security of student data. The law is unique in that puts the responsibility for protecting student data directly on industry by expressly prohibiting education technology service providers from selling student data, using that information to advertise to students or their families, or “amassing a profile” on students to be used for noneducational purposes. Law took effect in January 2016. (Source: Commonsensemedia.org)
  • AB 1584 – September 2014 – Existing law prohibits a school district from permitting access to pupil records to any person without parental consent or without a judicial order, except to specified persons under certain circumstances, including to a contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant.
  • AB 1442 – September 2014 – Existing law requires school districts to establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education.
    This bill would, notwithstanding that provision, require a school district, county office of education, or charter school that considers a program to gather or maintain in its records any information obtained from social media, as defined, of any pupil enrolled in the school district, county office of education, or charter school to first notify pupils and their parents or guardians about the proposed program, and to provide an opportunity for public comment at a regularly scheduled public meeting before the adoption of the program.
  • AB 256 – Chapter 700 – October 10, 2013 – Clarifies the role of school in intervening in bullying cases that originate away from school. Bill  defines “electronic act”  the creation and transmission originated on or off the school site.
  • AB 1156 – July 2012 – Outlines a number of provisions regarding bullying including identification of negative outcomes associated with bullying; duties of school personnel regarding bullying; and accommodations of victims of bullying.
  • AB 9 – (Seth’s Law) – January 2012 – Even with AB 746 in place (see below), California legislators recognized the need to have anti-bullying policy in place to protect LBGTQ youth from harassment, intimidation, and bullying. To find resources for supporting LBGTQ youth, visit the Digital ID project.
  • AB 746 – July 2011 – Language of the law includes student behaviors on social networking web sites: “Under existing law, bullying, including bullying committed by means of an electronic act, as defined, is a ground on which suspension or expulsion may be based.”
  • AB 86 – January 2009 – One of the first laws in the country to deal directly with cyberbullying. Gives school administrators the authority to discipline students for bullying others offline or online.
  • AB 1542 – (Jordan’s Law) – October 2017 – The nation’s first law to deter social media motivated violence, or attacks initiated to be filmed and distributed on social media for the purpose of gaining internet notoriety.

 

Federal Law

 

CIPA – Children’s Internet Protection Act (2001)
Enacted by Congress in 2000 to address concerns about children’s access to obscene or harmful content over the internet. As of July 2012, CIPA requirements were revised to require that any school district applying for E-Rate funding* must show how they are actively teaching all students internet safety and digital citizenship. The topics that must be covered are: Appropriate online behavior (building a positive digital footprint; respecting intellectual property), safety and privacy, and cyberbullying awareness and response

*EGUSD uses E-Rate funding for:

  • Telecommunications – Voice communications, voice mail, or messaging.
  • Internet Access – Internet access and the power of video conferencing (making global connections possible from all school sites).
  • Infrastructure – Extending connectivity down to every classroom.

As with any federal program that comes with funding, our district-wide implementation of CIPA requirements is subject to federal audits.

COPPA – Children’s Online Privacy Protection Act (1998)
Federal law created to protect the privacy of children under 13. The Act was passed by the U.S. Congress in 1998 and took effect in 2000. COPPA is managed by the Federal Trade Commission. COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

PPRA – Protection of Pupil Rights Amendment (1978)
Federal law that affords certain rights to parents of minor students with regard to surveys that ask questions of a personal nature. The No Child Left Behind Act of 2001 contains a major amendment to PPRA that gives parents more rights with regard to the surveying of minor students.

FERPA – Family Educational Rights and Privacy Act (1974)
Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Revision – School official exception (2008)
Permit educational institutions to disclose educational information and personally identifiable information without prior consent to contractors, volunteers or other non-employees peforming services for the educational institution.

Revision – Audit or evaluation exception (2011)
Educational institutions are now permitted to adopt a limited directory information policy that allows the schools to disclose designated information to designated parties. Educational institutes however, must provide notice to parents or eligible students.