New Resources

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its continued applicability and relevance in today’s data-driven education landscape, FERPA is often criticized as outdated and insufficient.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 […]

Fixing FERPA Read More »

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

Comparing Provisions in KOSMA and KOSA Read More »

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

Comparing Definitions of “Social Media Platform” in KOSMA Read More »

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

Comparing Requirements for Schools Under E-Rate & KOSMA Read More »

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

From Data Privacy to Discrimination: Examining the Legal Ramifications of AI in Schools Read More »

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

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

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.   FERPA Exempt Description Example De-Identified Records and

FERPA Exemptions Read More »

FERPA Exceptions

FERPA Exceptions FERPA typically requires consent prior to disclosing any student personally identifiable information (PII) from education records. Nevertheless, FERPA includes several exceptions that allow for certain sharing without consent while still ensuring that the necessary safeguards are in place to protect the privacy of student data. To make understanding these exceptions a little easier, we have put together the following table that details every exception in FERPA–offering clear and concise explanations, criteria for when they may be applicable, and tangible examples that shed light on their practical application.   FERPA Exceptions Description Example School Official (34 CFR 99.31(a)(1) and

FERPA Exceptions Read More »