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Technology Laws & Regulations

 

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) 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

The Texas Local Government Records Act, Chapter 201

States that public school district employees have an obligation to correctly and efficiently maintain the records in their possession to comply with standards for public access, parent/student access, and legal or audit purposes.

Children's Online Privacy Protection Rule (COPPA)

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.

Children’s Internet Protection Act (CIPA)

The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns
about children's access to obscene or harmful content over the Internet.

Protection of Pupil Rights Amendment (PPRA)

PPRA (20 U.S.C. § 1232h, 34 CFR Part 98) affords parents of students certain rights regarding, among
other things, participation in surveys, the collection and use of information for marketing purposes, and
certain physical exams.

Protecting Children in the 21st Century Act (2007)

Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to issue regulations for promoting a safe internet for children.

Texas House Bill 18: SCOPE Act

The SCOPE Act requires covered digital service providers to provide minors with certain data protections, prevent minors from accessing harmful content, and give parents tools to manage their child’s use of the service. The SCOPE Act is highly relevant to Texas school districts. The new law specifically relates to protecting minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

Texas Data Privacy and Security Act (2024)

The Act grants Texas residents several key rights over their personal data. It also establishes privacy protection safeguards that apply to companies that “conduct business in [Texas] or produce a product or service consumed by residents of [Texas]” and that collect, use, store, sell, share, analyze, or process consumers’ personal data.

HIPAA In Texas Schools

HIPAA Privacy Regulations are federal laws that govern the use and disclosure of confidential health information.

USDA Children’s Free and Reduced Disclosure

The Healthy Meals for Healthy Americans Act of 1994, PL 103-448, amended Section 9(b)(2)(C) of the National School Lunch Act (NSLA) (42 USC 1751(b)(2)(C)) to allow, without consent, limited disclosure of information about the free and reduced-price meal or free milk eligibility.

Payment Card Industry Data Security Standard (PCI DSS)

Is a set of security standards formed in 2004 by Visa, MasterCard, Discover Financial Services, JCB International and American Express. Governed by the Payment Card Industry Security Standards Council (PCI SSC), the compliance scheme aims to secure credit and debit card transactions against data theft and fraud.

David's Law   -    David's Law (Spanish)

“David’s Law” requires school districts to include cyberbullying in their district bullying policies and notify a child’s parents if he or she is a victim or alleged aggressor of bullying. It allows for schools to collaborate with law enforcement when serious or life-threatening cyberbullying situations arise.

Texas HB 3834: Cybersecurity Training for State and Local Governments

Security awareness training requirements for state employees.

Texas Senate Bill 820

Relating to a requirement that a school district adopts a cybersecurity policy.

Texas Senate Bill 1893

SECTION 1.  Subtitle A, Title 6, Government Code, is amended by adding Chapter 620 to read as follows: CHAPTER 620.  USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES ON GOVERNMENTAL ENTITY DEVICES PROHIBITED Sec. 620.001.  DEFINITIONS. In this chapter:(1)  "Covered application" means:  (A)  the social media service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; or  (B)  a social media application or service specified by the proclamation of the governor under Section 620.005.

Texas Cybersecurity Framework

The Department of Information Resources (DIR) developed the Texas Cybersecurity Framework (TCF) in collaboration with other government entities and the private sector. It uses a common language to address and manage cybersecurity risk in a cost-effective way, based on business needs, without placing additional regulatory requirements on agencies.