Activity 8: Legal Contexts and Digital Identities

(Fendalton Open-air School document 2015)
When children enrol at our school the parents are asked to complete a number of forms which give a variety of permissions. One of these is the 'Digital Agreement'. It clearly outlines the rights and responsibilities that the child has at school. Perhaps because of it's clarity and because we stick very closely to what it says as a staff, we have had few repercussions or problems with misuse. Those that we have had have been reported, monitored and reacted to very quickly. There is no arguments about what happens as the child has known from Day 1 what the consequences are. The poster above is displayed in every classroom next to the technology as a reminder.

(Digital Agreement Fendalton Open-air School document 2015)
We also have recorded on our database if parents have a problem with their child's photograph or name appearing online linked with a school activity. It is always easy to carefully avoid using the child in photographs without drawing attention to the omission for either the child or the others in the class. A check at the start of the year usually reveals that parents are trusting that the school will act appropriately and only children with legal implications opt out.
I was very surprised then when I contacted my parents at the start of my MindLab course to ask if they had a problem with me sometimes asking the children their opinions, or my using either their work, moving, or still images to illustrate my findings. These are already uploaded onto their online reports and of course other parents see the short videos when they look at their child's report. Nobody had ever questioned the school or put in a request for privacy in the class. I assured the parents that it would be minimal and that only markers would see this work. So I was very surprised when I received the following email:
"Sorry I do not want my child taking part of or in any study, filmed or have any work, personal details etc being used or referenced. I expect concentration at school be on the children’s learning, without personal advancement interfering with this. Her time at school is to learn in a safe and non-intrusive environment."
Regardless of my opinion of the tone of the communication the message was very clear - some parents sign the pieces of paper with little thought in Year 1 and have clearly changed their opinion by Year 4. This has significant implications for the teacher who is trusting in the data gathered but who could very easily create a major problem for themselves, and the school, by posting images or work on even the school website. After replying to the father that any participation by the children would only be part of their general day to day work and that, rather than for personal advancement this was to improve the children's learning at my own expense and no child would be identified by name. He responded more convivially that he was concerned about the footprint they might create at a very young age. This is something that all parents should be concerned about.
We are all aware of the first point made by Dalziel 2009. New Zealand is particularly vulnerable to password hacking. The second point was brought home to me from personal experience. I have found two newspaper articles about one of my children translated into many languages and the picture being used on a variety of websites. Fortunately the picture was professional and appropriate and the article supportive, but it had been used without permission some twenty plus times. The third point is easily dealt with if the teacher has knowledge of programs which edit photographs and can discretely take images when the child is turned away or out of shot. However without up to date information as to the parents wishes none of this is relevant.

2. Before putting information and pictures on the internet, schools
need to think about the following:
• There is no guarantee of confidentiality or security, despite the
use of firewalls or other security measures including access
code numbers for families.
• A photograph or record of a child at school on the internet is an
electronic footprint. It lasts forever. If one of the purposes of the
school is to prepare the student for the future, schools should
think about the standard of material that is posted to a website.
A funny photograph may look amusing and engaging now but
may be embarrassing to the student in his or her future. The
same applies to written material.
• Is the purpose of the photo served by student identification?
Can the students’ faces be edited in such a way that will allow
the activity to be recorded without identifying the children
involved?
(Dalziel, K. 2009 p 34)We are all aware of the first point made by Dalziel 2009. New Zealand is particularly vulnerable to password hacking. The second point was brought home to me from personal experience. I have found two newspaper articles about one of my children translated into many languages and the picture being used on a variety of websites. Fortunately the picture was professional and appropriate and the article supportive, but it had been used without permission some twenty plus times. The third point is easily dealt with if the teacher has knowledge of programs which edit photographs and can discretely take images when the child is turned away or out of shot. However without up to date information as to the parents wishes none of this is relevant.

Education.govt.nz (01 Feb 2015)
The diagram above clearly places digital use at the centre of a child's learning. Unless it is used purposefully with knowledge and planning then there is little point. Likewise uploading photographs for no purposeful end is also of little use to the child's learning or engagement. The problem with a parent refusing permission begins when the child feels left out because their picture or work is never displayed. If the child is aware of the reason then they can grow in understanding, however if they are not told about the request it can be detrimental to their confidence and feelings of inclusion and value. This same child was visibly upset that a whole class trip video did not contain a frontal shot of her face. The child's mother was also disappointed as all of the other children had their moment on screen. Privacy meant that I couldn't share why because of the family's situation. This in turn sets up a whole new line of ethical thinking - whose right is it to say no?
The second circle, (Guide,) clearly shows the importance of the family and whanau in the process of protecting the child. It is important for teachers to explain clearly why their child is working online and the procedures in place to safeguard them when doing so. A confident relationship between school and home needs to be created by open discussion and clarity of topics. Sending home appropriate websites for the child to use at home is useful for parents who may themselves be non conversant with technology. Our school holds regular talks to explain what, how and why we use technology and to show parents basic skills which their child has.
There is limited evidence of preservice educator curriculum which integrates issues of acceptable use, ethics and internet safety. Hicks, Sears, Gao, Goodmans, & Manning (2004) reported on an effort to incorporate internet ethics and safety into a teacher education program.
Choulat, T.L.
The same circle also includes 'Develop teacher capability'. Whilst the students on placement who we have worked with have clearly had some training in ethics, we have been surprised at their low levels of computer skills. There seems to be little knowledge of how to use Google Docs, coding, creating their own resources or educational programs to help children think etc... This creates a minefield for the new teacher in their first classroom. Clearly the use of educational based technology needs to receive higher focus in the training arena. If the teacher has less knowledge than the pupil then it is very easy to make errors.
"...internet safety is just as much an issue for primary schools as for secondary
schools, and further, that the opportunities to develop a student/parent/caregiver mindset
towards safe internet practice are greater in primary than secondary schools."
Hope, J. (2002)
Just as education is most effective when there is a three pronged approach to a child's learning, Hope 2002 explains that the same three, student, parent and teacher must all work together towards a safe internet environment. From this experience my recommendation to the school will be that our parents are asked if their attitudes have changed about the use of their child's work and images as they progress into a new team i.e at the start of Year 3 and the start of Year 5, we also need to let parents know at the start of each year that if their circumstances have changed then they need to let the school know so that it can be recorded. This is increasingly important as we move into all online reporting. Up to date information is of utmost importance.
Our knowledge of issues is evolving with each year as more new technology becomes available. It is important that we address each new issue with an open mind and cooperation with those who are affected by our school's policies and practices.
References
Choulat, T.L. Teacher Education and Internet Safety. Available at Academia:
https://www.academia.edu/2901022/Teacher_Education_and_Internet_Safety
Retrieved 24.02.2016
Teacher Education and Internet Safety
Dalzeil, K. (2009) Privacy in Schools - A guide to the Privacy Act for principals, teachers and boards of trustees. Published by the Office of the Privacy Commissioner
Eduction.govt.nz, from the Ministry of Education (01 Feb 2015) Digital Technology: Safe and
responsible use in schools. Available at:
http://www.education.govt.nz/school/managing-and-supporting-students/student-behaviour-help-and-guidance/searching-and-removing-student-property/digital-technology-guide-for-schools/digital-technology-safe-and-responsible-use-in-schools/ Retrieved 25.02.2016
Hope, J. (2002). Internet safety: Issues for New Zealand primary schools.Proceedings Netsafe:
Society, Safety and the Internet, 59-68.
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