Authored by PIPC Staff

FERPA 101 For Higher Education

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FERPA 101 For Higher Education October 2018 Sara Collins, Trevor Schmitt, and Amelia Vance Future of Privacy Forum   Shared Under Creative Commons License Overview The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 that governs information in a student’s education record. The law guarantees, among other things, that an “eligible student” who attends a post-secondary institution has access to their own education record and restricts who else can access, use, and re-disclose student information. FERPA is the primary federal law addressing student data rights and protections. FERPA applies to schools that receive funding […]

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Dept of Ed: Schools Cannot Require Parents or Students to Waive Their FERPA Rights Through Ed Tech Company’s Terms of Service

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Dept of Ed: Schools Cannot Require Parents or Students to Waive Their FERPA Rights Through Ed Tech Company’s Terms of Service January 20, 2018 Lindsey Barrett and Amelia Vance Future of Privacy Forum   Shared Under Creative Commons License This blog was previously posted on the Future of Privacy Forum blog.  Policymakers, parents, and privacy advocates have long asked whether FERPA is up to the task of protecting student privacy in the 21st century. A just-released letter regarding the Agora Cyber Charter School might signal that a FERPA compliance crack-down – frequently mentioned as their next step after providing extensive guidance by

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Law Enforcement Access to Student Records: A Guide for School Administrators & Ed Tech Service Providers

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Law Enforcement Access to Student Records: A Guide for School Administrators and Ed Tech Service Providers September 2017 Amelia Vance and Sarah Williamson Future of Privacy Forum   Shared Under Creative Commons License Questions about when schools or third-party service providers are allowed to disclose student personal information to law enforcement can be complex. This document is a basic primer on the compliance landscape of data requests to schools and service providers from law enforcement; it is not legal advice. Law enforcement may request data through informal requests, subpoenas, and court orders, among other processes. Schools and service providers should

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Data Privacy Laws Follow Lead of Oklahoma and California

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Data Privacy Laws Follow Lead of Oklahoma and California May 2016 Amelia Vance Republished courtesy of the National Association of State Boards of Education© Across the country, states have engaged in the sincerest form of flattery in passing student data privacy laws that echo provisions first laid down in two states. Since 2013, one or both of the student data privacy laws passed in Oklahoma and California have shaped bills that were introduced in 35 state legislatures and became law in 14 states. The Oklahoma law, passed in 2013, focuses on actions of staff at the school, district, and state

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Policymaking on Education Data Privacy: Lessons 3-5

Authored by PIPC Staff, PIPC Resources, Report / By /

Lessons 3-5 Lesson 3: More Transparency = More Trust Building parents’ support for quality data care and use is not possible without transparency about what data are collected. States and districts must clearly convey to families and the public what data are being collected and for what purpose, who gets to see them, and what happens to them once the student leaves the system.14 In the more than 300 bills addressing student data privacy to reach state legislatures in the past three years, very few require that schools, districts, and the state put forward understandable information for the general public.

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Policymaking on Education Data Privacy: Lessons 1 & 2

Authored by PIPC Staff, Report / By /

Lessons 1 & 2 Lesson 1: State Boards Shape Data Privacy Policy Significantly As education leaders and policymakers, SBEs have a responsibility to ensure that state and local data collection is secure and protects individual rights. SBEs should take action if state policy falls short of these criteria for effectiveness. They have a further responsibility to use their state platforms to call for changes in federal law and industry standards that would ensure appropriate collection, use, and security of education data. State boards are well positioned to act. As noted above, 36 already have some legal authority over student data

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