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students. With issues like the 2020 election and Black Lives Matter it is also important that the remote user agreement address the environment the teacher is teaching from, both their in person classroom and their virtual classroom page. Specifically, issues represented by visible posters, slogans and flags should be addressed in the remote agreement. Remember to have your local attorney provide input and guidance as these issues usually encompass first amendment issues. For students, the remote agreements should address very basic items such as requiring that the student be dressed; that the student not be in bed but must be at a table or desk; and that the student not eat during the lesson to more complicated topics like how a student will be disciplined for disruptive online behavior and the ability to participate in athletics if attending school remotely instead of in person. For student agreements it is important to also have the parent or guardian sign off so that everyone knows the expectations from the beginning. SCHOOL ISSUES
Finally, there are several areas that Districts must address for the benefit of their students and teachers. Districts must assist their teachers with adapting the curriculum to the virtual setting. In so doing, they need to ensure that all agreements with online 3rd party providers comply with FERPA and privacy/confidentiality rights. Whether it is a Google Classroom agreement or another provider agreement the contract must address the 3rd party’s access to personally identifiable student information and the 3rd party’s ability to maintain such information in accordance with confidentiality standards and/or possible public information requests. Districts should have their attorneys review their existing agreements and any new agreements for this specific type of issue. Districts also must work with their teachers to remind them of the Family Rights and Privacy Act and Copyright law as both are implicated in the virtual setting. For students, Districts must review their grading policies and make any necessary changes based on the fact that students are now learning from home and it is more difficult to gauge the student’s actual work product. This is especially true in high school, more so when some students are learning in person and others are learning virtually, and grades can be weighted and affect things like Valedictorian, Salutatorian and local honors. Clarity around the grading process in a virtual learning system is imperative. However remember that any changes made to the grading policy must apply to in person students as well as remote learners equally. Similarly, Districts are always encouraged to review their Student Code of Conduct so that students studying virtually have guidelines for behavior that may be different than when they are in the classroom. In all, while COVID was the catalyst for moving to a virtual learning system, there are aspects of virtual learning and working that will remain long after COVID is gone. The tools and innovations that Districts have adopted over these last 8 months have been hard fought and successful and will only continue to be refined and perfected. Unlike video, that killed the radio star, it seems like virtual has only refined what schools were doing and has, in fact, given schools yet another way to meet the needs of their employees and students. Jennifer Hall is an Associate Attorney with Walsh Gallegos Treviño & Kyle , P.C. She can be reached at jhall@wabsa.com.
