Articles

Fixing FERPA: Adding Cybersecurity Requirements

Fixing FERPA: Adding Cybersecurity Requirements July 3, 2025 Jessica Arciniega, Morgan Sexton, and Amelia Vance   CC BY-NC 4.0 The Family Educational Rights and Privacy Act (FERPA) governs how schools handle everything from report cards to sensitive psychological evaluations. Yet this cornerstone of student privacy law was written in 1974—nearly three decades before most Americans had ever heard of the internet, and long before anyone imagined that a single cyberattack could expose the intimate details of millions of students’ lives. The result? A massive gap between the digital threats students face and the legal protections designed to shield them. Today, […]

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Supreme Court Upholds Age Verification: A Game-Changer for Child Online Safety Laws

Supreme Court Upholds Age Verification: A Game-Changer for Child Online Safety Laws July 1, 2025 Jessica Arciniega, Morgan Sexton, & Amelia Vance   CC BY-NC 4.0 Introduction Last Friday, the U.S. Supreme Court issued a major decision in Free Speech Coalition v. Paxton, upholding Texas’s law requiring adult websites to verify users’ ages before allowing access. While this case specifically addressed pornographic content, the ruling’s implications likely extend far beyond adult websites—potentially reshaping how courts evaluate the dozens of state laws designed to protect children online that have repeatedly been blocked by federal judges over the past several years. TLDR:

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Kids Online Safety Act Returns

Kids Online Safety Act Returns June 2, 2025 Jessica Arciniega, Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 The fight for a safer online experience for kids is back on the table. On May 15th, Senators Blackburn and Blumenthal reintroduced the Kids Online Safety Act (KOSA), bringing back the exact same proposal from December 2024. We’ve been down this road before, meticulously tracking every twist and turn. But this year, it’s time for a clean slate. This blog cuts through the noise to reveal KOSA’s core components and their potential impact on minors, parents, and

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FERPA Priorities in the New Administration

FERPA Priorities in the New Administration May 7, 2025 Amelia Vance and Morgan Sexton   CC BY-NC 4.0 TLDR: Within the first month of the new Secretary of Education being confirmed, the U.S. Department of Education (USED) announced FERPA enforcement priorities. This reflects an unprecedented focus by a new presidential administration on student privacy. The priorities flagged by USED include: Parental Right to Inspect and Review Education Records;  Safety of Students;  Annual Notification of Rights; and  Military Recruiters. USED also asked State Education Agencies (SEAs) to submit documentation on their and their LEAs FERPA compliance. USED’s focus on FERPA compliance

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Recapping USED’s Recent Surge in FERPA Enforcement Activities

Recapping USED’s Recent Surge in FERPA Enforcement Activities  April 17, 2025 Morgan Sexton and Amelia Vance   CC BY-NC 4.0 The student privacy landscape has shifted dramatically in recent weeks, with the U.S. Department of Education (USED) initiating two statewide FERPA investigations in California and Maine. This blog post unpacks these investigations and shares our new infographic showing the steps in a FERPA investigation.  As always, if you have any questions feel free to contact our team! TLDR: On March 27th and 28th, the USED Student Privacy Policy Office (SPPO) launched two FERPA investigations of the California and Maine state

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KOSA’s Constitutionality Concerns: Do KOSPA’s Edits Fix the Issues?

KOSA’s Constitutionality Concerns: Do KOSPA’s Edits Fix the Issues? December 12, 2024 Jessica Arciniega, Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 As the 118th Congress nears its end, PIPC has been closely tracking the likelihood of federal child privacy protections becoming law. As you may recall, the Senate passed the Kids Online Safety and Privacy Act (KOSPA) in July, incorporating two major child privacy bills–the Kids Online Safety Act (KOSA) and the Children and Teen’s Online Privacy Protection Act (COPPA 2.0). The House Energy & Commerce Committee passed versions of KOSA and COPPA 2.0

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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

Did you know that the Family Educational Rights and Privacy Act (FERPA), a student privacy law that has been around for nearly 50 years, was influenced by the rise of computers? Did you know that FERPA restricts educational apps from using student’s personally identifiable information for anything other than the educational purpose approved by the school? Did you know that, contrary to popular belief, FERPA is continuously and actively enforced by the U.S. Department of Education? Despite its continued applicability and relevance in today’s data-driven education landscape, FERPA is often criticized as outdated and insufficient. But the prevalence of inaccurate

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House Improves KOSA, but Major Problems Persist for Schools

House Improves KOSA, but Major Problems Persist for Schools May 2024 Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 Introduction On April 9, 2024, Representative Bilirakis released the text of the House version of Senator Blumenthal’s Kids Online Safety Act (KOSA). The bill, which is fundamentally based on valuable goals and principles, includes many positive revisions to better align with KOSA’s underlying goal to protect kids online. However, concerns remain that it may create major unintended consequences for schools. In particular, KOSA may limit the ability of schools to effectively implement edtech into instruction and

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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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