Author name: Amelia Vance and Morgan Sexton

From Data Privacy to Discrimination: Examining the Legal Ramifications of AI in Schools

From Data Privacy to Discrimination: Examining the Legal Ramifications of AI in Schools April 2024 Morgan Sexton and Amelia Vance       CC BY-NC 4.0 Introduction The incorporation of artificial intelligence (AI) seems to be everywhere at the moment – and schools are no different! While using AI to improve systems and educational outcomes for students is an exciting prospect, it should be done carefully and with consideration for the legal landscape. AI in education is subject to a myriad of education, child privacy, consumer, and civil rights laws. We’ve created this brief to provide an overview of the […]

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FERPA 101 It is interesting to think that a law enacted in 1974—pre-smartphone, mobile app, and modern computer—still governs the vast technological landscape and data collection practices of modern education. In the age of online learning and student one-to-one devices, the Family Educational Rights and Privacy Act of 1974 (FERPA) remains the primary federal law protecting student privacy. FERPA analysis has grown increasingly complex over the years as rules and guidance were added to account for emerging technologies–as  highlighted during the COVID-19 pandemic when the education community struggled to apply FERPA in light of schools’ increasing reliance on educational technology.

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FERPA Exemptions

FERPA Exemptions While FERPA is renowned for its robust privacy protections for student data, it’s easy to overlook the flip side of the coin: the student data that falls outside of FERPA’s protections. Understanding the scope of FERPA’s protections is crucial for navigating the nuances of student privacy today, especially since the line between student data that is and is not covered is not always intuitive. To help illustrate what student data is not protected under FERPA, we’ve created the following table explaining the FERPA exemptions with clear descriptions and real-world examples.   FERPA Exempt Description Example De-Identified Records and

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FERPA Exceptions

FERPA Exceptions FERPA typically requires consent prior to disclosing any student personally identifiable information (PII) from education records. Nevertheless, FERPA includes several exceptions that allow for certain sharing without consent while still ensuring that the necessary safeguards are in place to protect the privacy of student data. To make understanding these exceptions a little easier, we have put together the following table that details every exception in FERPA–offering clear and concise explanations, criteria for when they may be applicable, and tangible examples that shed light on their practical application.   FERPA Exceptions Description Example School Official (34 CFR 99.31(a)(1) and

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January Updates

January Updates February 1, 2023 Cross-posted from AASA Blog TLDR: Soon-to-be reintroduced federal parent rights bill may allow parents to opt out of most EdTech. Child privacy bills crafted without education input continue to risk banning school technology use – as was the case with the almost-passed COPPA 2.0 and Kids Online Safety Act in December. Just in case that wasn’t enough, President Biden published an op-ed in the Wall Street Journal, noting that “Congress can find common ground on the protection of privacy, competition and American children.” He called on Congress to pass legislation that would “hold Big Tech accountable” and to tighten pre-existing

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