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IT - Legal

Last Updated: 3/7/2019 11:18 PM

Academic Services > Information Technology > Legal


What you should know about our rights and responsibilities
As a school district we are subject to many requirements and laws that are designed to protect our students and staff from the volitility that the free exchange of information that the Iinternet will undoubtedly provide.  This is a guide to the laws concerning Student Data usage.

 

FERPA 

In order to protect the students privacy, each of us must be aware of the Family Internet Family Educational Rights and Privacy Act (FERPA):
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

FERPA is a 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. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

 

HIPAA

Adelanto Elementary School District is NOT covered under HIPAA.  The school district is not a HIPAA covered entity (although we employ nurses, psychologists, therapists and other positions that are common with a health care provider), and is not required to observe rules about "Protected Health Information".  HOWEVER, FERPA covers student medical information under that act and confers similar rights to parents including obtaining parent consent to disclose billing information to a third party for services provided, and limiting access to student data on campus to only authorized individuals identified by a parent/guardian in advance.  For more information: https://www.hhs.gov/hipaa/for-professionals/faq/513/does-hipaa-apply-to-an-elementary-school/index.html

 

CIPA

To protect our students from potentially harmful material available on the internet our school district adheres to the Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding for Internet access or internal connections from the E-rate program – a program that makes certain communications technology more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA.

For more information on CIPA, refer to the FCC website: http://www.fcc.gov/cgb/consumerfacts/cipa.html

 

e-Discovery

Be advised, users of the District Network, including Students, Parents, Administrators, Teachers, Employees, Guests, and the general public have NO EXPECTATION OF PRIVACY concerning AESD Network Services & Internet access. 

As a public organization we are also subject to the laws regarding e-discovery. The laws regarding discovery are lengthy and complicated. In summary, since we are required to filter internet access and archive emails virtually every activity performed on networked computers and devices are recorded. Civil procedure laws require these records be made accessible in the event of civil or criminal investigation: http://california-discovery-law.com/electronic_discovery_document_retention_policies.htm

Additional Information concerning e-Discovery: AESD E-Mail Retention Policy