Monday, May 2, 2011

Workshop follow-up:: FERPA, Copyright, Trade Secrets, & Test Security.

As a follow-up from my ethics workshop on the discussion of Parent Rights to Records under the Federal Education Rights and Privacy Act (FERPA) versus Copyright and Trade Secrets of test protocols, here are some links and resources on the matter.
(Note: I cited the wrong 9th-circuit decision. It was Newport-Mesa, not Manahatten Beach.)

One one side, there is the stance of the test publishers due to copyright, test security, and trade secrets.

Position Statements of PAR, Pearson, and MHS.

On the other side is the Newport-Mesa Unified Sch. Dist. v. State of California Dept. of Educ., 43 IDELR 161 (C.D. Cal. 2005) decision.

(I am unable to find a free link the entire decision. If anyone finds one, please send and I will edit it in.)

Balanced and school psychologist focused commentary on this can be found from both CASP and NASP.

Practice Pointers:

Remember that the focus of the workshop was on ethics and not the specific application of law / potential litigation.
To be consistent with that fact, this really goes beyond the scope of the workshop.
In that regard, I highly suggest that you inquire with your employer and determine if there is a clear procedure or policy on this that is current enough to include both the 9th Circuit and publisher positions.

The internet also has some legal advice from both law groups representing districts and parents.
I decided to avoid citing those due to possible profit motives, political agendas, etc.
However, Google away, if you so choose.

For those in California, the Federal 9 Circuit holds a stronger precedent than the rest of the nation.
Therefore, it is essential that your district have a specific policy for guidance that has been vetted by your chain-of-command and legal counsel.

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