The People We Are Becoming

ShaRae Walker, DVDs, 2011

The extensive use of computers and the ease of access to the World Wide Web have added an abundance of information in digital form. To copy, publish and distribute information has never been easier. The Web is one of the world’s largest libraries holding a plethora of digital media. This makes it easy to enrich student’s minds and to help them learn and grow as the world continues to evolve.

The amended Digital Millennium Copyright Act (DMCA), passed in 1998, affects how students and teachers of higher education can use digital material in the classroom. Renee Hobbs, professor of communication at Temple University’s School of Communications and Theater, and a handful of other determined educators led a formal petition to obtain an exemption that would allow educators and students to legally “rip” excerpts of protected material. According to professor Hobs, “Increasing students’ digital literacy is a responsibility educators can’t afford to brush off.” Media literacy is important in classes such as Mass Media. To fully understand it depends on the use of copyright material.  As professor Hobbs stated, “We can’t do our job without using them”.

Although college students are able to explore and study the work of protected material the Copyright Office stated that K-12 teachers and students are ineligible for the exemption. Eric Richardson, an Arizona High School Instructor, agrees with this. “The amount of time spent reviewing the work of an artist in high school is brief compared to a class that focuses entirely on mass media.” Meris Stansbury, Associate Editor of eSchool News, also agrees. “There is very little need to reproduce a book, film or song in high school studies. K-12 students and teachers should use only screen captures of a film.”  Also, the distribution of copyrighted material from home computers, such as music, games and videos that do not have owner’s permission is a violation of the DMCA federal law and college policy.

ShaRae Walker, Array of Movies, 2011

The purpose of the copyright law is to encourage creative work by giving creators exclusive rights to distribute their products without having others infringe upon their work through piracy or other acts of devious mischief.

ShaRae Walker, Public Records Request Form, 2011

A student file is compiled as soon as a child enters preschool. Basic information such as the student’s name, date of birth, address, and social security number are collected about them. This file also contains critical information such as any comments a teacher or staff member may notate, photos, grades, health records, and attendance chart. Some of the information may be favorable or not so favorable and depending upon the circumstances may adversely affect the child’s future.

Student records are a history of the student and they paint a picture in the mind of those who read them. It is essential for parents to be knowledgeable about the laws and policies that govern student information and the content of their child’s file. An Ohio mother of two learned the hard way. According to CNN, Kelley Williams-Bolar was jailed after interfering with her children’s records.  Kelley “Illegally” enrolled her two daughters at her father’s suburban Copley Township address.  Kelley resided in a government-subsidized home in the Akron district and according to the report this area was not safe for her two girls to attend school.

Under the Family Educational Rights and Privacy Act  (FERPA) education records consist of information directly related to a student. The data is maintained by an educational agency or institution and not only contains information about the student, but also about the parents and family members. In the Williams-Bolar case, Kelley Williams had two addresses listed on her children’s documents. She considered her father’s residence one of her homes.

“My primary residence was both places. I stayed at both places.” She said, in an interview at the Summit County Jail.

Not only are schools permitted to access student files, but FERPA grants parents the right to know what their children’s files contain as well. Shalicia Jordan, an Arizona resident and parent to twins, recently enrolled her two daughters into preschool. “I never really thought about how my children’s personal information could affect them in the future. And what if a teacher just doesn’t like my child and writes something negative about her?” She stated. “I didn’t know that I could request their file and I don’t recall it stating this on the student enrollment. What happens if I don’t like a comment a teacher made? Can I have it removed?”

ShaRae Walker, Student Report Card with Parent's information, 2011

The FERPA regulation states that parents may request and must be provided with a list of the type of information stored and who to contact to retrieve them for review. Every parent should know about their child’s file and what’s in it. Some states have established, “procedural guidelines” which allow them to not release student records until certain criteria such as financial obligations have been met.

Since global access to the Internet created an onslaught of hackers and identity theft, it has become difficult for us to fully protect our personal information from a slew of unscrupulous individuals. There are even potential dangers associated with the simple posting of a personal photo on the web. Although these dangers have always existed they have become greater as technology continues to grow and expand.

Photo: ShaRae Walker, 2011 Parent Consent Form

Many schools require parental consent prior to using a photo of any of their student body. Typically, during the first week of school, parents are asked to complete a Release Form granting the school permission to use a child’s photo. If parents decline to sign the consent form, the school must adhere to their decision. This holds true throughout the school year when on campus events are highlighted in local newspapers and on websites, which captures student images as they participate.

Student safety is the upmost concern for many schools, which is the reason why state mandated laws require school districts to obtain release forms from parents. These laws differ based on jurisdiction and varies from county to county and from state to state.

Photo: ShaRae Walker, 2011, Photography Consent Form

The federal law concerned with Release Forms can be found in the First Amendment to the United States Constitution guaranteeing freedom of expression. The state laws include the right to privacy and the right to publicity. Schools must give parents the option on whether they want their children’s image used for public purposes or to remain private. If schools post photos of children that did not have the consent of their parents, the school as well as the photographer may face liability in a civil action court case.

“Although schools try to mandate safety by not taking and posting student’s photos on the website or in any publication without parental consent, parents should also take precautions on posting photos such as family outings which include pictures of their children.” Stated Ginny Richardson, a loving grandmother.

Douglas Quenqua, New Times writer, reported that the possibility always exists that pedophiles are lifting children’s pictures. Although research shows that many predators are much more likely to look in chat rooms or other sites parents should be very leery of posting their child’s photos on the Internet.

“Social media and networking sites make it very easy to snag other individual’s photos and use them for wrongdoing.” Ginny stated. “I always tell my middle school granddaughter you never know who is on the other end.”