Classroom Law

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Classroom Law von Mind Map: Classroom Law

1. Fair Use of Copyright

1.1. What is it?

1.1.1. Defense against a claim of copyright infringement.

1.1.1.1. any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.

1.1.2. Broken into two Categories

1.1.2.1. Commentary and Criticism.

1.1.2.1.1. quoting a few lines from a song in a music review

1.1.2.1.2. summarizing and quoting from a medical article on prostate cancer in a news report

1.1.2.1.3. copying a few paragraphs from a news article for use by a teacher or student in a lesson

1.1.2.1.4. copying a portion of a Sports Illustrated magazine article for use in a related court case

1.1.2.1.5. the public reaps benefits from your review, which is enhanced by including some of the copyrighted material.

1.1.2.2. Parody.

1.1.2.2.1. a work that ridicules another, usually well-known work, by imitating it in a comic way.

1.1.2.2.2. a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original

1.1.3. 4 Factors For Determining Fair Use

1.1.3.1. 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

1.1.3.2. 2. The nature of the copyrighted work.

1.1.3.3. 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

1.1.3.4. 4. The effect of the use upon the potential market for or value of the copyrighted work. (Bartrom, 2009)

1.1.4. Along with “fair use” there is another term that deals with copyrights which is “public domain”. Materials fall into the public domain if they are no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.

1.1.4.1. Example: Teacher follows copyright laws before making copies of musical excerpts for testing purposes.

2. FERPA

2.1. Family Educational Rights and Privacy Act

2.1.1. Dictates who may and may not access student records, of any sort with the acceptation of directory information

2.1.1.1. Only Parents

2.1.1.1.1. Or Gariadians

2.1.1.2. "Eligible Students"

2.1.1.3. Parents can request information that they believe to be inaccurate

2.1.2. Schools Must have written permission before disclosing certain information, but there are certain acceptions

2.1.2.1. School officials for educational purposes

2.1.2.2. Other school to which a student is transfering

2.1.2.3. Specific officials for evaluation purposes (Usually State appointed)

2.1.2.4. Financial Aid Organizations which might provide Aid to the student

2.1.2.5. Accreditation Purposes

2.1.2.6. Health and Safety Emergencies for certain school personnel

2.1.2.7. State and Local Authorities as dictated by state Law

2.1.3. DOES NOT COVER

2.1.3.1. Directory Information

2.1.3.1.1. Student's Name

2.1.3.1.2. Address

2.1.3.1.3. Telephone Number

2.1.3.1.4. Date and Place of Birth

2.1.3.1.5. Honors and Awards

2.1.3.1.6. Dates of Attendence

2.1.3.2. However, the school must provide sufficent notice to parent and students so as to allow them the opportunity for them to maintain a student's privacy with respect to Directory Information

2.1.4. Example: A Newspaper may come in and ask for a student's name and a honor which they have achieved, but that same reporter, while they might have access to that information, will not be able to access any other student records that concern grades, or anything which the parent or student has requested by kept confidential.

3. CIPA

3.1. Protects Students from Harmful Online Items

3.1.1. School Must provide this to receive E-Rate Funding

3.2. 3 Main Ideas surrounding pictures

3.2.1. Block Obsene Images

3.2.2. Block Child Pornography

3.2.3. Images harmful to minors

3.3. Computers Must have Software which

3.3.1. Limits access of minors to inappropriate material or websites

3.3.2. Provide saftey and security of students when in online chat/classrooms

3.3.3. Block Unauthorized Access from anywhere

3.3.4. Block Unauthorized Disclosure

3.3.5. Restricts items or materials deemed to be harmful to minors

3.4. An AUTHORIZED PERSON CAN GET AROUND THE BLOCKS WITHOUT PENALTY

3.5. Note: Does not require the use of constant monitoring software of minors internet use.

3.6. Example: Block Students from Accessing gaming/porn/any site which might distract from learning, or which might harm the student/school/school computer system.

4. COPPA- Children Online Privacy Protection Act

4.1. Established in 1998. Amended Rule took effect July 1, 2013

4.2. Requires Web site operators to obtain verifiable parental permission to collect personal information from children younger than 13.

4.3. Benefits of COPPA

4.3.1. 1.

4.3.1.1. Post a clear and comprehensive online privacy policy describing their information practices for personal information collected online from children.

4.3.2. 2.

4.3.2.1. Provide direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal information online from children;

4.3.3. 3.

4.3.3.1. Give parents the choice of consenting to the operator’s collection and internal use of a child’s information, but prohibiting the operator from disclosing that information to third parties (unless disclosure is integral to the site or service, in which case, this must be made clear to parents);

4.3.4. 4.

4.3.4.1. Provide parents access to their child's personal information to review and/or have the information deleted;

4.3.5. 5.

4.3.5.1. Give parents the opportunity to prevent further use or online collection of a child's personal information

4.3.6. 6.

4.3.6.1. Maintain the confidentiality, security, and integrity of information they collect from children, including by taking reasonable steps to release such information only to parties capable of maintaining its confidentiality and security

4.3.7. 7.

4.3.7.1. Retain personal information collected online from a child for only as long as is necessary to fulfill the purpose for which it was collected and delete the information using reasonable measures to protect against its unauthorized access or use.

4.4. Who is Covered?

4.4.1. operators of commercial websites and online services (including mobile apps)

4.4.2. operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13

4.4.3. websites or online services that have actual knowledge that they are collecting personal information directly from users of another website or online service directed to children.

4.5. COPPA only applies to personal information collected online from children, including personal information about themselves, their parents, friends, or other persons.

4.6. Example: Class plans a trip to the aquarium. Parents are instructed to give their personal contact information for the students under 13 instead of registering with the children's information online.