Legal Issues in School District Cybersecurity

Join Attorney Brandon K. Wright of Miller, Tracy, Braun, Funk & Miller, Ltd. as he discusses and takes your questions regarding the most important legal issues that arise with school district cybersecurity, data privacy, and related concerns. Whether it is remote learning, in-person tech use, or catching up on work on the weekend, are you ready to legally protect your school district’s network?

Burning Questions: Legal Concerns with Remote Learning

Remote and hybrid learning plans have been implemented in schools and districts across the state. These plans have raised legal concerns for district leaders, school administrators, teachers, and more. Join Brandon K. Wright from Miller, Tracy, Braun, Funk & Miller, Ltd. as he answers some of the top “burning questions” from educators regarding legal issues related to remote and hybrid learning.

AA #686: Legal Implications of Using Technology in Schools (Online)

Event Description

Join attorneys from Miller, Hall, and Triggs as we review the laws and regulations affecting and dealing with technology use in the classroom. Topics will include the implications and common pitfalls related to the use of email, social media, websites, and other forms of technology communication; best practices for acceptable use policies for students and staff; learning, remote learning, and other program-specific legislation; vaping; student data requirements and responsibilities; and recent case laws illustrating the application of statutes.

Structure/Dates

Due to the content-rich nature of this Administrator Academy, we are dividing it into two different parts. Part 1 occurs on May 20 from 9:00 – 12:00, and Part 2 occurs on May 27 from 9:00 – 12:00.

Presenters

Joshua Herman

Joshua has practiced law since 2008, concentrating in municipal law, school law, employment law, commercial law, and related litigation. Joshua received his Bachelor’s degree in 2003 from Bradley University in Peoria, Illinois. After his deployment to Iraq as an Army Reservist, Joshua attended the Chicago-Kent and the University of Illinois Colleges of Law.

While at the University of Illinois, Joshua received the Best Trial Advocate and Best Oral Advocate awards in addition to being on the Green National Moot Court Team. In 2008 he obtained his Juris Doctor from the University of Illinois College of Law, graduating summa cum laude and receiving the Rickert Awards for Excellence in Advocacy and Excellence in Academics. He is also a member of the Order of the Coif.

Katherine L. Swise

Katherine has practiced law since 2010, concentrating in municipal law and school law. Katherine received her Bachelor’s degree in 2001 from Knox College. She later attended the University of Illinois College of Law, graduating summa cum laude in 2010. While at Illinois, Katherine was a member of the University of Illinois Law Review, which published her Note titled Reconciling the Irreconcilable: Calculating a Debtor’s Projected Monthly Income Under § 1325(b) in Light of the BAPCPA Amendments. She is also a member of the Order of the Coif.

Katherine is admitted to practice law in Illinois, and is a member of the Peoria County and Illinois State Bar Associations and the Illinois Council of School Attorneys.

AA #686: Legal Implications of Using Technology in Schools (Online)

Event Description

Join attorneys from Miller, Hall, and Triggs as we review the laws and regulations affecting and dealing with technology use in the classroom. Topics will include the implications and common pitfalls related to the use of email, social media, websites, and other forms of technology communication; best practices for acceptable use policies for students and staff; learning, remote learning, and other program-specific legislation; vaping; student data requirements and responsibilities; and recent case laws illustrating the application of statutes.

Structure/Dates

Due to the content-rich nature of this Administrator Academy, we are dividing it into two different parts. Part 1 occurs on May 20 from 9:00 – 12:00, and Part 2 occurs on May 27 from 9:00 – 12:00.

Presenters

Joshua Herman

Joshua has practiced law since 2008, concentrating in municipal law, school law, employment law, commercial law, and related litigation. Joshua received his Bachelor’s degree in 2003 from Bradley University in Peoria, Illinois. After his deployment to Iraq as an Army Reservist, Joshua attended the Chicago-Kent and the University of Illinois Colleges of Law.

While at the University of Illinois, Joshua received the Best Trial Advocate and Best Oral Advocate awards in addition to being on the Green National Moot Court Team. In 2008 he obtained his Juris Doctor from the University of Illinois College of Law, graduating summa cum laude and receiving the Rickert Awards for Excellence in Advocacy and Excellence in Academics. He is also a member of the Order of the Coif.

Katherine L. Swise

Katherine has practiced law since 2010, concentrating in municipal law and school law. Katherine received her Bachelor’s degree in 2001 from Knox College. She later attended the University of Illinois College of Law, graduating summa cum laude in 2010. While at Illinois, Katherine was a member of the University of Illinois Law Review, which published her Note titled Reconciling the Irreconcilable: Calculating a Debtor’s Projected Monthly Income Under § 1325(b) in Light of the BAPCPA Amendments. She is also a member of the Order of the Coif.

Katherine is admitted to practice law in Illinois, and is a member of the Peoria County and Illinois State Bar Associations and the Illinois Council of School Attorneys.

Do You Understand the Legal Implications of Using Technology in Schools?

On October 30, 2019, attorneys from Miller, Tracy, Braun, Funk & Miller generously shared their slide decks with participants and fielded several questions about specific situations. Examples of rulings that have shaped our use of technology in schools were featured. Following is a list of topics that were covered and an interesting fact or two I took out of each presentation. Note: I am not a lawyer!  My takeaways should not be considered as legal explanations, just thoughts from an educator that I found impactful. 

Disclosure of Photos and Videos of Students under FERPA and ISSRA: A video may become part of a student’s school record if it directly relates to a specific student. Other students that are in the video but are not involved are considered “set-dressing” and will not have the video added to their student record. 

Staff Use of Technology: Schools cannot require staff to provide passwords or login credentials to social networking and email sites.

Data Security and Online Privacy: Changes to SOPPA (a.k.a. HB 3606) take effect for public schools in July 2021 and has new guidelines for data breaches: schools must notify affected parties no later than 30 days after the breach. 

Disciplining Student Use & Abuse of Technology: Schools can only restrict student speech when it can be reasonably assumed that a substantial disruption of the educational environment will take place or the speech invades the rights of others (Tinker v. Des Moines, 1968).

Use of Electronic Devices in the Classroom: Teachers should hold no reasonable expectation of privacy in communications taking place in the classroom (Plock v. Freeport School District 2007).

Developing an Internet Acceptable Use Policy: Schools receiving E-Rate discounts for Internet service are required to teach an internet safety lesson to students once per year.

Copyright in the School Setting: Children have the same copyright rights as any other creator. Copyright law provides that “works for hire” (i.e. lesson plans, materials created for classrooms) are the property of the employer (i.e. the school district). 

Open Meetings & FOIA: Public records can include electronic communications such as emails and text messages. 

Sexting and Cell Phone Searches: Cell phone searches should be directly related and limited to the infraction and not other content on the phone. 

Related Opportunities

Legal Implications of Technology Use in Schools held at ROE #11

February 20, 2020 | 8:30 am – 3:00 pm | $15

Laws Affecting Technology in Illinois School Districts Resource Guide | Free Download