Author name: Jessica Arciniega, Katherine Kalpos, Morgan Sexton, & Amelia Vance

Principles 10-12: Well-Designed Student Privacy

Pillars 10-12 10. Well-Designed Student Privacy Laws Have Transparency Requirements Clear, transparent communication between schools and the communities they serve regarding the collection and use of student data is foundational to building and maintaining trust. As education institutions continue to hold vast amounts of sensitive data, it is essential to counteract any skepticism through transparency. When schools embrace transparency in their data-management practices, they cultivate a culture of trust and security. Involving students and parents in this process not only eases concerns but also empowers them. To this end, student privacy legislation should go beyond requiring schools to articulate their […]

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Principles 7-9: Well-Designed Student Privacy

Pillars 7-9 7. Well-Designed Student Privacy Laws Provide Resources Well-designed student privacy legislation considers the support necessary to implement student privacy requirements and proactively provide those resources. This support can take various forms, such as designating privacy personnel at the state level, offering training resources, providing model policies for schools to use, and allocating funding. It is crucial for policymakers to ensure that appropriate resources are included in student privacy bills so that schools can comply with privacy requirements without diverting resources from providing quality education to students. Utah’s student privacy law is a fantastic example of how states can

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Principles 4-6: Well-Designed Student Privacy

Pillars 4-6 4. Well-Designed Student Privacy Laws Have Definitions That Are Clear and Complete Policymakers must ensure that student privacy legislation is built on a solid foundation of clearly defined terms in order to avoid confusion and to ensure uniform compliance. Ambiguous or missing terms and definitions leave room for potential misinterpretation of student privacy requirements, which can inadvertently result in policies and practices that either do not adequately protect student privacy or are overly restrictive and unnecessarily limit beneficial data sharing. By providing explicit, unambiguous definitions for all significant terms within student privacy legislation, policymakers can promote shared understanding

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Principles 1-3: Well-Designed Student Privacy

Pillars 1-3 The Pillars of Well-Designed Student Privacy Legislation Well-designed student privacy laws have similar building blocks: they are well-thought out, clear, and intentional in their approach to addressing student privacy. When crafted with precision, legislation avoids ambiguity, misinterpretations, and mitigates unintended consequences, thereby ensuring robust protections and fostering a learning environment in which students can thrive without compromising their privacy and security. In this section, we provide insights into the foundational pillars of well-designed legislation and how state policymakers have incorporated these practices into effective state laws. 1. Well-Designed Student Privacy Laws Are Designed to Address Specific, Defined Problems

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Well-Designed Student Privacy Bills

The Pillars of Well-Designed Student Privacy Legislation June 2024 Jessica Arciniega, Katherine Kalpos, Morgan Sexton, and Amelia Vance   CC BY-NC 4.0 Introduction A previous wave of state student privacy bills arose Over a decade ago, a wave of state student privacy bills arose on the heels of high-profile data breaches and growing concerns about privacy in general. In 2014, 36 states introduced 110 student privacy bills, with a high-water mark of 180 student privacy bills introduced in 49 states in 2015.1 Since then, over a thousand student privacy bills have been introduced in all 50 states, 146 passing into

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Mitigating Risks in Student Surveys: An Overview of PPRA

Mitigating Risks in Student Surveys: An Overview of PPRA June 2024 Jessica Arciniega, Katherine Kalpos, and Amelia Vance CC BY-NC 4.0 Following the switch to remote learning during the COVID-19 pandemic, there was widespread public concern about student mental health as students faced social isolation and lost access to vital school-based services. These concerns intensified when the 2023 US Surgeon General advisory showed an alarming upward trend in mental health issues among high school students from 2009 to 2019, including a 40% increase in reports of persistent sadness or hopelessness, a 36% rise in those seriously contemplating suicide, and a

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Fixing FERPA: Strengthening Transparency & Confidence in FERPA Enforcement

Strengthening Transparency & Confidence in FERPA Enforcement June 2024 Jessica Arciniega, Katherine Kalpos, Morgan Sexton, Amelia Vance, and Casey Waughn   CC BY-NC 4.0 There is a pervasive myth among stakeholders concerned about student privacy that FERPA is not enforced––that it is toothless. This misconception stems from a lack of public transparency throughout the whole FERPA enforcement process at the Department of Education (USED). The public-facing parts of USED’s FERPA enforcement portray FERPA enforcement as weak, specifically due to the low number of punitive enforcement decisions and past systematic problems detailed in a 2018 USED Office of Inspector General (OIG)

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