Lately everything about public education seems new—especially providing remote instruction via a computer and platforms such as Zoom or Google Meet. The abrupt change to instruction has led to many questions about legality and best practices. Although widespread virtual content delivery is still too new to have many definitive answers, we can answer some of the most common questions based on our current knowledge.   

Student Confidentiality
One early concern was that using a platform that allows others, such as parents, to view instruction violates student confidentiality under the Family Education Rights and Privacy Act (FERPA). The common requirement to record the instruction, which a parent could then share, heightened the fear.   

Educators directed to provide remote instruction should rest easy. First, FERPA only applies to identifiable student information maintained or kept by the school district. Having a parent simply see instruction and other students on Zoom is like having a parent or administrator visit the classroom, which has been allowed for years. Even if the class is recorded and thereby “maintained,” educators should know FERPA places the obligation to maintain student confidentiality on the district, not the teacher. As long as a teacher is following an administrative directive, any complaint would fall on the district. That’s why it’s important teachers follow given directives and not go beyond them.    

Some teachers have also expressed concern that forcing students to use their own cameras in their homes could be embarrassing and considered an invasion of privacy. While striking the right balance between possible embarrassment and necessary monitoring can be difficult, again, as long as the teacher is following a directive, they should not fear repercussions.   

Disruptive Parents  
Although parent classroom visits have long been a part of education, these have been limited because they could be disruptive. We have heard from educators who unfortunately struggle with parents who impose themselves in the remote class, either through video or chat. Teachers should try to remain patient and professional and engage their campus administrators if they have a parent who is interfering with their ability to teach. Section 37.124 of the Texas Education Code makes it a Class C misdemeanor for an individual to enter a classroom without the consent of the principal or teacher and disrupt instruction through misconduct or the use of profanity. Note: This provision does not apply if a parent has either the principal’s or teacher’s permission to “enter the classroom.”    

Unforeseen Occurrences  
We have heard many stories over the past few months, ranging from students unexpectedly appearing naked on camera to parent arguments in the background—complete with smashed dishes. Remote learning certainly can present teachers with circumstances they would not have in the physical classroom. When confronted with something unexpected, don’t panic. While every situation must be handled individually, it is best to remain calm and contact the administration at the first opportunity.   

Parent Complaints  
A common fear is that parents with more access to instruction are more likely to complain. Although we have seen a slight increase in the number of teachers dealing with parent complaints, there has not been any significant change. Parent complaints still seem to focus on grades and assignments, just like they did pre-pandemic. Teachers should, of course, continue to be careful of what they say and how they say it, but most teachers know every classroom has 20 to 35 little recorders ready to go home and tell on them for saying anything arguably inappropriate or controversial.    

With many districts focusing on in-person instruction and the general recognition that in-person instruction is more effective than remote, along with the anticipation of an effective COVID-19 vaccine, there is hope the need for remote instruction and its challenges will fade through the spring. But, in the meantime, teachers can be assured that at least most of their concerns are not actually as dangerous as they might appear.   

The legal information provided here is accurate as of the date of publication. It is provided for general purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Eligible ATPE members may contact the ATPE Member Legal Services Department. November 2020.