Articles tagged with COSA

NSBA issues student data privacy guide in cloud computing era

As school districts increasingly move to cloud computing instead of on-site data storage, the National School Boards Association (NSBA) and its Council of School Attorneys (COSA) have released a guide for school boards introducing the legal issues associated with protecting student data and suggesting best practices.

The guide, “Data in the Cloud,” seeks to raise awareness of student data privacy concerns, and to provide a framework for comprehensive student data privacy approaches in school districts.

The guide notes that cloud computing applications offer ease of use and accessibility, but come with the potential for loss of privacy and increased liability, as personal information is transferred to the application.

“School boards should consider starting a discussion with school district staff and their communities about building a comprehensive student privacy protection program,” said NSBA Executive Director Thomas J. Gentzel. “This guide is a helpful tool for school boards as they review and potentially rethink policies related to data and student privacy.”

The guide uses a question-and-answer format to explain the relevant terminology, recent academic research, the breadth of software offerings, important legal requirements, and additional resources available to school board members and school lawyers.

“The legal requirements that could potentially govern student data privacy are still evolving,” said Greg Guercio, COSA Chair. “The school law requirements section of this guide is a key asset for school districts and their attorneys. Current laws still leave plenty of room for interpretation on student privacy, making it is essential for district leaders to ask the right questions and understand potential problems.”

Recommendations for school boards include:

• Identify an individual district-wide Chief Privacy Officer (CPO), or a group of individuals with district-wide responsibility for privacy;

• Conduct a district-wide privacy assessment and online services audit;

• Establish a safety committee or data governance team that includes the school or district’s Chief Privacy Officer to work with the school community, recommend policies and best practices, and serves as the liaison between the school district and the community on privacy issues;

• Regularly review and update relevant district policies and incident response plans;

• Consistently, clearly, and regularly communicate with students, parents, and the community about privacy rights and district policies and practices with respect to student data privacy;

• Adopt consistent and clear contracting practices that appropriately address student data; and

• Train staff to ensure consistent implementation of school district’s policies and procedures.

Alexis Rice|April 28th, 2014|Categories: Educational Technology, School Boards, School Law, Technology Leadership Network|Tags: , , , , |

NSBA previews student data privacy in the cloud policy guide

The National School Boards Association’s (NSBA) Council of Student Attorneys (COSA) Director Sonja Trainor for presented a preview of a comprehensive policy guide for school boards during a session entitled, “Cloud Computing and Student Privacy,” on Sunday, April 6 at the NSBA’s 2014 Annual Conference in New Orleans.

The policy guide, which focuses on the tug-of-war between individual privacy rights and the benefits of data management, analysis, and storage on cloud-based platforms in school districts, presents the relevant terminology, recent academic research, breadth of software offerings, important legal requirements, and fundamental resources for school board members and school lawyers.

By acknowledging cloud commuting’s undeniable future in school districts, the report emphasizes that with the ease and accessibility of the cloud comes with the potential for the loss of privacy—and the increase in liability—with any transfer of personal student information.

Due to the numerous laws that potentially govern student data privacy, the school law requirements section of this guide is a key asset for districts and legal teams. Current laws still leave plenty of room for interpretation on student privacy, making it is essential for district leaders to ask the right questions and understand potential problems. The most directly applicable student privacy laws for school districts and service providers are the following:

  • Family Educational Rights and Privacy Act (FERPA), and its sister statute, the Protection of Pupil Rights Amendment (PPRA), which apply to educational institutions that receive federal financial assistance; and
  • Children’s Online Privacy Protection Act (COPPA), which applies to operators of websites and mobile apps that are directed to or known to be used by children under the age of 13.

Formed in 1967, the NSBA’s Council of School Attorneys provides information and practical assistance to attorneys who represent public school districts. It offers legal education, specialized publications, and a forum for exchange of information, and it supports the legal advocacy efforts of the National School Boards Association.

Staff|April 6th, 2014|Categories: Educational Technology, NSBA Annual Conference 2014, School Law|Tags: , , , |

NSBA’s Council of School Attorneys elects new leadership

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA), the national network of attorneys representing K-12 public school districts whose mission is to support school attorneys and provide leadership in legal advocacy for public schools, elected new leaders and directors during its annual meeting in New Orleans. The 22-member Board of Directors oversees COSA’s continuing legal education programming and working groups for its 3,000+ members across the United States and Canada.

Gregory J. Guercio became Chair; he is founding partner of the Farmingdale, N.Y., law firm of Guercio & Guercio, LLP and received his law degree from St. John’s University, School of Law.

Justin D. Petrarca became Chair-elect; he is a partner with the Chicago, Ill. firm of Scariano, Himes and Petrarca, and received his J.D. from the John Marshall Law School.

Andrew M. Sanchez became Vice-Chair; he is a partner in the Albuquerque, N.M. office of Cuddy & McCarthy, and received his law degree from George Washington University Law School.

Pilar Sokol became Secretary.  She is the Deputy General Counsel of the New York State School Boards Association in Latham, N.Y.  Sokol is a graduate of Albany Law School.

“This is an exciting time for COSA and NSBA.  COSA’s new leadership represents the top education law attorneys across the country, ensuring that NSBA will continue to be the nation’s foremost legal advocate for public schools,” said Francisco M. Negrón, Jr., NSBA’s General Counsel.

COSA also elected four new directors to two-year terms: Joy Baskin is the Director of Legal Services of the Texas Association of School Boards; Kathleen S. Mehfoud is a partner at Reed Smith L.L.P. in Richmond, Virginia; W. Joseph Scholler is a member with Frost Brown Todd LLC in West Chester, Ohio; and Patricia J. Whitten is a partner at Franczek Radelet P.C. in Chicago, Ill.

In addition, COSA elected four directors to a second two-year term:  Séamus Boyce is a partner with Church, Church, Hittle & Antrim in Noblesville, Ind.; Danielle Haindfield is a partner in the Des Moines, Iowa firm of Ahlers & Cooney, P.C.; Phillip L. Hartley is managing partner of the Gainesville, Ga. law firm of Harben, Hartley & Hawkins, LLP, and General Counsel for the Georgia School Boards Association; and Anne H. Littlefield is a partner with the Hartford, Conn. firm of Shipman & Goodwin, LLP.

“The council’s new leaders are accomplished school law practitioners and dedicated advocates on behalf of public schools,” said Elizabeth Eynon-Kokrda, past COSA Chair and head of this year’s nominating committee. “Together, they bring deep and rich legal experience and tremendous energy to the organization.”

Formed in 1967, the NSBA Council of School Attorneys provides information and practical assistance to attorneys who represent public school districts. It offers legal education, specialized publications, and a forum for exchange of information, and it supports the legal advocacy efforts of the National School Boards Association. 

Alexis Rice|April 5th, 2014|Categories: Leadership, School Boards, School Law|Tags: , , |

A. Dean Pickett and David B. Rubin receive NSBA’s Council of School Attorneys 2014 award

COSA_awards

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA) honored two school board attorneys who have provided exemplary service to school board clients and the school law community at the 2014 Annual School Law Seminar. Both men are receiving the award in recognition of their long and outstanding service to public schools, the profession, and the mission of COSA to “improve the practice of school law by providing leadership in legal advocacy for public schools.”

A. Dean Pickett, Tempe Tri District Legal Counsel, Tempe, Az., and David B. Rubin, David B. Rubin, P.C., Metuchen, N.J., are the recipients of the 2014 Award for Distinguished Service.

“We are so proud to honor two pillars of the school law community. Both Dean and David provide exemplary service to school boards and students they serve, as well as the school law community as a whole” said Allison Schafer, COSA’s Chair.

Pickett has made countless contributions to the practice of school law at the state and national level. He is a founding member of the Arizona Council of School Attorneys and has been an active participant for over 30 years. He served on the COSA Board of Directors for eleven years and was chair from 2009-2010. He is the creator of the COSA School Law Boot Camp for attorneys new to the practice of school law and regularly presents at these sessions at COSA seminars.

Pickett noted, “We have seen the quality and clarity of school law practice grow dramatically in the past thirty years, in large part as a result of COSA’s – every member’s – commitment to this very special practice area, and understanding that when we do it right, we’re doing right for kids.”

Rubin is an active and energetic supporter of COSA and its mission. He served as chair from 1995-1996, currently chairs COSA’s Working Group on Cloud Computing and Student Privacy, and regularly presents on legal ethics at COSA seminars. He was selected as 2014 Lawyer of the Year by Best Lawyers in America for Ethics and Professional Responsibility Law (Newark Region) and is a recipient of the New Jersey Commission on Professionalism in Law’s Professional Lawyer of the Year Award. He has served as Chair of the New Jersey Bar Association Professional Responsibility and Unlawful Practice Committee, President of the New Jersey Association of School Attorneys, and lecturer in education law at Rutgers University Graduate School of Education.

Rubin said, “It’s a great honor to receive this award but, even more, I’m grateful for nearly 30 years of professional collaboration and comradery I’ve enjoyed with my COSA colleagues throughout the country.”

Schafer noted: “Dean and David are model school board advocates, legal experts and true counselors who give practical advice with a dose of wisdom to their clients and colleagues. They are both really nice guys to boot, and thoughtful mentors to new school attorneys.”

Formed in 1967, the NSBA Council of School Attorneys provides information and practical assistance to attorneys who represent public school districts. It offers legal education, specialized publications, and a forum for exchange of information, and it supports the legal advocacy efforts of the National School Boards Association. For more information on COSA, visit www.nsba.org/COSA.

Alexis Rice|April 4th, 2014|Categories: School Law|Tags: , , , , , , |

NSBA advises on student data privacy

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA) participated in an expert panel session last month to discuss legal issues associated with transferring, storing, and protecting student data.

Held as part of the Consortium for School Networking’s Annual Conference, the student privacy panel included COSA Director Sonja Trainor; U.S. Department of Education (ED) Chief Privacy Officer Kathleen Styles; Assistant Director at the Federal Trade Commission Mark Eichorn; and was moderated by Alicia Solow-Niederman of Harvard University’s Berkman Center for Internet and Society.

Styles highlighted ED’s resources on the student data privacy, including a recent publication, Protecting Student Privacy While Using Online Educational Services. She recommended three key steps school districts should be taking to address student data privacy: (1) take a hard look at policies addressing student records and data; (2) train staff on your district’s student data privacy policies, and in privacy concerns generally; and (3) be transparent in your student data privacy policies and practices.

Noting that outdated student privacy laws have created holes, making it difficult to craft school policy, Trainor stressed the importance of anticipating trends in legislation and taking a comprehensive approach to student data privacy, while working with a school attorney to keep on top of changing laws.

NSBA will be releasing a resource guide in conjunction with the NSBA Annual Conference to be held April 5-7 in New Orleans, which will help school boards identify the crucial issues associated with student privacy when the school district uses online educational services.  COSA  will also release a detailed resource for school attorneys, which will include suggested contract terms.

In addition to recommending a comprehensive approach to student data privacy protection, the guide will recommend that school boards keep their communities informed and involved in the steps they are taking to guard against loss of student data privacy. Trainor will present a school law session at the conference entitled “Cloud Computing and Student Privacy – What School Boards Need to Know” on Sunday, April 6 at 1:30-2:45 pm in rooms 346-347.

 

Staff|April 2nd, 2014|Categories: Educational Technology, NSBA Publications, School Boards, School Law|Tags: , , , |

NSBA’s COSA Seminar examines civil rights, school choice issues

Civil rights enforcement, vouchers, employment, bullying, and disability law are the hot topics this week at the National School Boards Associations’ (NSBA) Council of School Attorneys’ (COSA) annual School Law Seminar in New Orleans taking place April 3-5. The hashtag for the seminar is #COSANola.

In the opening discussion, Catherine Lhamon, Assistant Secretary for Civil Rights for the U.S. Department of Education, will cover the scope of civil rights issues in our nation’s schools and the work that Office of Civil Rights (OCR) is doing to ensure equal access to high-quality education for all students. Lhamon will cover the latest OCR research and the charge to protect our nation’s students against discrimination on the basis of race, sex, disability, and age in K-12 and postsecondary educational institutions nationally. Lhamon will be joined by Anurima Bhargava, Chief, Educational Opportunities Division, Civil Rights Division, U.S. Department of Justice, who will take questions on the recent guidance issued by both departments on Nondiscriminatory Administration of School Discipline.

“The annual School Law Seminar gives COSA attorneys and attendees the chance to get updated on crucial school law trends and challenges our school board clients are facing,” said Greg Guercio, the 2014-2015 COSA Chair and Seminar Committee Chair.  “This is our largest Seminar.  It brings in 350+ school attorneys.  We really look forward to connecting with our colleagues and getting updated on the legal advocacy work of NSBA, as well.”

COSA sessions will be led by experienced school attorneys on relevant issues such as “What the Louisiana Voucher Litigation Means for You and Your Clients,” “Your Top Ten FERPA Questions – Asked and Answered,” and “The Alpha and the Omega: An Anti-Christ to Yoga Update on Litigation Affecting Student Religious Rights in Public Schools.”

Alexis Rice|April 1st, 2014|Categories: Leadership, School Climate, School Law, Special Education, Teachers|Tags: , , , |

U.S. Department of Education issues guidelines on student data privacy

The U.S. Department of Education has issued new online resource guidelines to help school districts and educators interpret major laws for protecting student privacy and develop best practices for using online educational services.

The report, Protecting Student Privacy While Using Educational Services: Requirements and Best Practices,  issued by the department’s Privacy Technical Assistance Center (PTAC), noted that classrooms are increasingly employing technological advances such as on-demand delivery of personalized content, virtual forms of interacting with teachers and other students, and many other interactive technologies.

“Early adopters of these technologies have demonstrated their potential to transform the educational process, but they have also called attention to possible challenges,” says the report. “In particular, the information-sharing, web-hosting, and telecommunications innovations that have enabled these new education technologies raise questions about how best to protect student privacy during use.”

Examples of online educational services include online services that students use to access class readings, see their academic progress, watch videos, or comment on class activities, the report said. Complicating the issue is the fact that  “the diversity and variety” of these online educational services provide no single answer regarding which technologies, and which student data disclosures and uses, are covered by the Family Educational Rights and Privacy Act (FERPA).

As is often the case with emerging technologies, the interpretation of existing laws such as FERPA and the Protection of Pupil Rights Amendment are slower to evolve than the technology itself. These issues continue to be at the forefront of discussions among educators, software companies, legal experts, and others with a stake in student data privacy.

“Student data privacy has received a great deal of national attention in recent months, with many groups working to develop resources for their own constituents and collaborating with others to determine best practices,” said National School Boards Association (NSBA) Executive Director Thomas J. Gentzel. “NSBA has been a part of this national conversation.”

NSBA’s Council of School Attorneys (COSA) formed a working group on student privacy this year, which will issue a guide for school attorneys this spring.  “We are producing a resource for school attorneys that will help them navigate the legal landscape and identify best practices for student data privacy protection that go beyond legal compliance,” said COSA Chair Allison Brown Schafer of the North Carolina School Boards Association. NSBA will issue guidance for school board members.

“As an education community, we have to do a far better job of helping teachers and administrators understand technology and data issues so that they can appropriately protect privacy while ensuring teachers and students have access to effective and safe tools,” U.S. Department of Education Secretary Arne Duncan said. “We must provide our schools, teachers, and students cutting-edge learning tools — and we must protect our children’s privacy. We can accomplish both — but we will have to try harder to do it.”

The report discussed several best practices schools should use to protect student privacy when using online educational services. Among them are: maintaining an awareness of relevant federal, state, tribal, or local laws; having policies and procedures to evaluate proposed online educational services; and being transparent with student and parents about how schools collect, share, protect, and use student data.

Read more in NSBA’s Legal Clips.

Alexis Rice|March 6th, 2014|Categories: Educational Technology, School Law|Tags: , , , , , |

New school law webinars examine the Family Educational Rights and Privacy Act

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA)  is hosting a two-part webinar series on the Family Educational Rights and Privacy Act (FEPRA). Register today to learn more about this important topic.

Here are details on the sessions:

September 11, 2013 – FERPA Session 1: The Family Educational Rights and Privacy Act Inside and Out

Veteran in-house counsel Margaret-Ann Howies presents an engaging look at FERPA through the lens of a very real and traumatic school shooting. Here’s your chance to learn – or brush up on – the ins and outs of the federal law that permeates school district operations, FERPA. We’ll start with the basics: What is an education record covered by FERPA? When can personally identifiable information about a student be released and to whom? Are emails education records? Then, we’ll move into recent questions: May a school district store student records in “the cloud?” When does an “emergency” cease, thereby triggering the consent requirement? What if the student is deceased? What if the student has changed names? Become FERPA conversant in just over an hour.

1:00 p.m. – 2:15 p.m. (EDT)

Host: Sonja Trainor, Director, NSBA Council of School Attorneys

Presenter: Margaret-Ann Howie, General Counsel, Baltimore County Public Schools

January 15, 2014 – FERPA Session 2: School Videos and Student Privacy – What’s the Final Rule?

Few issues have caused such widespread consternation for school districts and their attorneys than the following: to what extent are school videos education records covered by FERPA? NSBA requested clarification from the U.S. Department of Education years ago. Join a seasoned school lawyer for a distillation of the current state of the law and “unofficial” guidance from the Department’s Family Policy Compliance Office.

Time: 1 p.m. – 2:15 p.m. (EST)

Host: Sonja Trainor, Director, NSBA Council of School Attorneys

Presenter: Sarah Craven Clark, Deputy Director of Legal Services, Ohio State Association Counsel

Learn more and register now.

 

 

Joetta Sack-Min|September 10th, 2013|Categories: Council of School Attorneys, Federal Programs, Governance, School Law|Tags: , , , , |

NSBA announces upcoming school law webinars

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA) offers online learning experiences for attorneys who represent schools. Here are the upcoming June 2013 webinars pertaining to U.S. Department of Education’s Office for Civil Rights issues.

June 11, 2013 1-2:15 p.m. EDT

Types of OCR Investigations and Their Outcomes

Leza Conliffe, NSBA Senior Staff Attorney and former practitioner in Northern Virginia as well as OCR, discusses the characteristics of different types of investigations OCR conducts. Leza will review the myriad contexts in which these investigations can occur, what these investigations look like in real time in terms of staff and district operations, and the ways OCR complaints are brought to closure.

June 18, 2013 1-2:15 p.m. EDT

Nuts & Bolts of an OCR Investigation: From Initial Notice to Closure Letter

On the final webinar on OCR investigations, NSBA Senior Staff Attorney Leza Conlife takes us through an OCR investigation step-by-step from the time the school district receives the complaint to when OCR closes the case. During this conversation, we will discuss preparing the initial response to the complaint; handling OCR document requests, site visits, and OCR interviews with staff and students; negotiating resolution agreements, and addressing various situations that develop along the way.

To register, go to https://secure.nsba.org/register/webinar. If you have questions regarding your registration, please contact Lyndsay Andrews at 703-838-6738 or landrews@nsba.org.

Purchase archived webinars, including the very popular Affordable Care Act: Its Major Components and What They Mean for School Districts, and Investigating and Responding to Complaints of Bullying, at http://allendsmeet.com/cosa/.

 

Alexis Rice|May 22nd, 2013|Categories: Multimedia and Webinars, School Law|Tags: , , |

NSBA’s Council of School Attorneys elects new leadership

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA), the national network of attorneys representing K-12 public school districts whose mission is to support school attorneys and provide leadership in legal advocacy for public schools, elected new leaders and directors for 2012-2013 during its annual meeting in San Diego. The 22-member Board of Directors oversees COSA’s continuing legal education programming for its 3,000 members across the United States and Canada.

Allison Brown Schafer became Chair; she is Director of Policy and Legal Counsel for the North Carolina School Boards Association and she received her J.D. from Wake Forest University.

Gregory J. Guercio became Chair-Elect; he is founding partner of the Farmingdale, N.Y., law firm of Guercio & Guercio, LLP, and he received his law degree from St. John’s University School of Law.

Justin D. Petrarca became Vice-Chair; he is a partner with the Chicago firm of Scariano, Himes and Petrarca, and he received his J.D. from the John Marshall Law School.

Andrew M. Sanchez became Secretary; he is a partner in the Albuquerque, N.M. office of Cuddy & McCarthy, and received his law degree from The George Washington University Law School.

“This is an exciting time for COSA and NSBA,” said Francisco M. Negrón, Jr., NSBA’s General Counsel. “COSA’s new leadership represents the top education law attorneys across the country, ensuring that NSBA will continue to be the nation’s foremost legal advocate for public schools.”

COSA also elected three new directors to two-year terms: C. Wesley Bridges II is the general counsel for the School Board of Polk County, Fla.; Nancy Hungerford is the founder of The Hungerford Law Firm in Oregon City, Ore.; and James A. Keith is a partner with Adams and Reece in Jackson, Miss.

In addition, COSA elected four directors to a second two-year term: Diane Marshall-Freeman is a partner in the Sacramento, Calif., office of Fagen Friedman & Fulfrost, LLP; Joanne Nelson Shepherd is the district counsel for Jackson (Mississippi) Public School District; Leslie R. Stellman is a partner in the Towson, Md. office of Pessin Katz Law, P.A.; and Christopher P. Thomas is general counsel and director of legal and policy services to the Arizona School Boards Association.

“The council’s new leaders are extremely dedicated professionals who will admirably serve COSA members in their advocacy on behalf of public schools,” said Patrice McCarthy, past COSA Chair and head of this year’s nominating committee. “Together, they bring deep and rich legal experience and tremendous energy to the organization.”

Alexis Rice|April 12th, 2013|Categories: NSBA Annual Conference 2013, School Law|Tags: , , |
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