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

Principles 1-3: Well-Designed Student Privacy

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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

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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 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 law. 2 Much of the earlier legislation reiterated provisions

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Mitigating Risks in Student Surveys: An Overview of PPRA

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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

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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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