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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its continued applicability and relevance in today’s data-driven education landscape, FERPA is often criticized as outdated and insufficient.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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Comparing Provisions in KOSMA and KOSA

Comparing Provisions in KOSMA and KOSA The Kids Off Social Media Act (KOSMA) and the Kids Online Safety Act (KOSA) are progressing through Congress, both with the shared objective of protecting children online. KOSA attempts to achieve this goal with broad requirements that are aimed at making the platforms minors use safer. KOSMA, on the other hand, aims to protect children from social media in two main ways: Prohibiting minors under age 13 from creating or maintaining social media accounts Prohibiting social media companies from targeted content to to minors using algorithms Requiring schools to block and filter social media

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Comparing Definitions of “Social Media Platform” in KOSMA

Comparing Definitions of “Social Media Platform” in KOSMA The Kids Off Social Media Act (KOSMA),* introduced on May 1st, is a bipartisan bill that combines Senator Schatz’s Protecting Kids on Social Media Act and Senator Cruz’s Eyes on the Board Act. According to the press release, KOSMA aims to: “Prohibit children under the age of 13 from creating or maintaining social media accounts, consistent with the current stated policies of major social media companies; Prohibit social media companies from pushing targeted content using algorithms to users under the age of 17; Provide the FTC and state attorneys general authority to

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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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Comparing Requirements for Schools Under E-Rate & KOSMA

Comparing Requirements for Schools Under E-Rate & KOSMA The Kids Off Social Media Act (KOSMA), introduced on May 1st, is a bipartisan bill that combines Senator Schatz’s Protecting Kids on Social Media Act and Senator Cruz’s Eyes on the Board Act. According to the press release, KOSMA aims to: “Prohibit children under the age of 13 from creating or maintaining social media accounts, consistent with the current stated policies of major social media companies; Prohibit social media companies from pushing targeted content using algorithms to users under the age of 17; Provide the FTC and state attorneys general authority to

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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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K-12 Privacy Policy Guide: How to Quickly Spot Red Flags

The K-12 Privacy Policy Guide How to Quickly Spot Red Flags April 2024 Jessica Arciniega, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 Download the PDF Introduction Using technology in classrooms can transform the learning experience and provide immense benefits for both students and educators. But before it’s used, it is imperative to ensure that our students’ information and privacy are protected. One of the main steps to doing that is reviewing an app’s privacy policy before requesting approval to use it with your students. We understand that deciphering a privacy policy can be a hard task–privacy

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FERPA 101

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.   Search FERPA Exempt Description Example De-Identified Records

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A Privacy Protective Path to Using Technology in Schools: Parental Consent is Not a Panacea

Parental Consent is Not a Panacea: A Privacy Protective Path to Using Technology in Schools December 2023 Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 Introduction Data collection, use, and sharing are everywhere–and classrooms are no exception. Schools increasingly use a wide array of technologies for many different reasons, ranging from promoting student learning and success, to making data-informed decisions, and also operationalizing administrative tasks. When harnessed correctly with appropriate privacy protections in place, technology in schools can enhance teaching and learning in powerful ways. But there are also serious privacy risks to introducing technology

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