Can custody require consent for online tutoring sessions?

In the digital age, online tutoring has become a prominent means of academic support for children, offering personalized learning experiences and the flexibility of remote education. However, for children in shared custody or guardianship arrangements, the question arises whether custodians can regulate and require consent for these online tutoring sessions. Given the importance of education and the rise of virtual learning platforms, the issue extends beyond academic needs to concerns about online safety, privacy, and digital well-being.

As online education increasingly becomes a mainstream choice, especially in the aftermath of the COVID-19 pandemic, custody arrangements must address the decision-making authority regarding the child’s participation in virtual tutoring. Parents or guardians who share custody may need to agree on whether their child should be enrolled in a remote learning program and which platforms or tutors are acceptable.

Furthermore, the responsibility of protecting a child’s personal data and ensuring their mental and emotional well-being during online sessions complicates the situation. Custodians may want to set clear rules around who can access the child during the sessions, what content is shared, and the potential for exploitation or security risks inherent in the use of digital tools for learning.

How Custody Can Require Consent for Online Tutoring Sessions

• Joint Agreement on Educational Decisions

In shared or joint custody arrangements, educational decisions are often a shared responsibility between parents. This means that both custodians must typically agree before a child is enrolled in any form of online tutoring. One parent may have concerns about the tutor's qualifications, the platform's security, or the content being taught, while the other parent might see online tutoring as an essential support for the child’s academic needs.

Consent protocols could involve:

• Formal discussions between custodians about the need and appropriateness of online tutoring.
• Agreement on the tutor’s qualifications, ensuring the tutor has the necessary credentials or certification.
• Approval of the platform: Custodians must agree on which online tutoring platforms are acceptable, considering privacy policies, security features, and the platform’s reputation.

• Privacy and Security Concerns

Online tutoring often involves the collection of personal data such as names, email addresses, and possibly even videos or recordings of sessions. Given concerns over data privacy and the potential for cybersecurity risks, custodians may decide that explicit consent is required before the child participates in any virtual lessons.

Custodians may outline specific rules regarding:

• Data collection: Ensuring the tutoring platform does not collect unnecessary personal data.
• Security features: Verifying that the platform uses end-to-end encryption, password protection, and other measures to secure the child’s information.
• Parental oversight: Granting one or both parents access to session logs or recordings, if available, to ensure transparency and monitor the child’s online interactions.

• Age-Appropriate Platforms and Content

Online tutoring platforms vary widely in terms of the age groups they serve and the educational content they provide. Custodians may regulate what subjects and programs are appropriate for the child’s age and learning level. For example, one parent may want to ensure that the child receives only academic tutoring in subjects like math, science, and language arts, while the other may want the child to have access to more enrichment opportunities, such as coding or creative writing.

Parents may agree to restrict certain types of non-academic content or insist that the tutoring program adheres to specific educational standards. For instance, if the child is under a certain age, both parents may require that the tutor or platform follows curricular guidelines that are age-appropriate and in line with the child’s current educational stage.

• Emotional and Social Impact

Online learning, including tutoring sessions, can have an impact on a child’s mental health and social development. Children may feel isolated due to the lack of in-person interactions, and over-reliance on digital tools may also contribute to screen fatigue or difficulty focusing. Given these concerns, parents may want to carefully regulate the frequency and duration of online tutoring sessions.

Custodians might include rules about:

• Limits on screen time to prevent excessive exposure to digital platforms.
• Regular breaks between sessions to ensure the child has time for physical activities, socialization, and other non-digital engagements.
• Monitoring emotional well-being: Both parents may agree to assess the child’s mood and emotional responses to online tutoring, adjusting the schedule or platform if signs of distress or anxiety are noted.

• Parental Supervision and Consent for Communication

Some online tutoring sessions may involve direct communication between the child and the tutor via video calls or chat. In shared custody situations, it is often essential to establish clear guidelines regarding who is allowed to interact with the child during these sessions.

Custodians might require:

• Access to sessions: Ensuring that at least one parent is available to monitor sessions or is aware of what occurs during the lesson.
• Parental consent for any communication that occurs outside of the structured tutoring session. This is especially true if a tutor or other individuals have access to the child through other forms of social media, email, or instant messaging.

Example

Consider a situation where a child is receiving online tutoring in math through a popular virtual learning platform. The child’s parents are in a joint custody arrangement, and one parent is eager to sign up the child for additional tutoring, while the other is more cautious due to concerns over online privacy and the tutor’s qualifications.

Steps the custodians might take:

• Initial Discussion: Both parents discuss the benefits of online tutoring, such as the flexibility it provides in improving the child’s academic skills, while also addressing the concerns regarding privacy, screen time, and the potential emotional impact of digital learning.
• Consent Agreement: After discussing the situation, both parents agree that the child will only be enrolled with explicit consent from both sides. They decide to review the tutor’s qualifications, ensuring they are fully certified and experienced in teaching math at the child’s grade level.
• Privacy and Data Security: The parents also agree to review the platform’s privacy policy and ensure that the tutoring service offers encrypted communications and does not collect unnecessary personal data about the child.
• Monitoring: Both parents agree that one of them will be present during each online tutoring session, either sitting in on the video call or receiving session logs afterward. This ensures that they both have oversight of the child’s learning environment.
• Limiting Screen Time: Finally, they decide that the child will only participate in one session per day, with regular breaks for other activities. They also agree that if the child experiences any negative emotional impact or fatigue, they will reassess the decision and make changes accordingly.

Conclusion

Yes, custody can and often should require consent for online tutoring sessions. Given the potential privacy and emotional concerns associated with online learning, custodians must work together to establish clear guidelines that prioritize the child’s academic growth, mental health, and online safety. By including rules for tutor qualifications, platform security, data protection, and session oversight, custody arrangements can help ensure that online tutoring remains a positive and beneficial experience for the child.