PIPC Resources

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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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.   Search FERPA Exceptions Description Example School Official (34 CFR 99.31(a)(1)

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Tis the Season for Rulemaking: FTC Announces New COPPA NPRM

Tis the Season for Rulemaking: FTC Announces New COPPA NPRM December 20, 2023 Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 Hello all, While we might have thought child and student privacy work for the year was winding down, the FTC had other ideas. Today the FTC released a notice of proposed rulemaking (NPRM) for the Children’s Online Privacy Protection Rule (COPPA Rule) that would mean big changes for companies and schools, codifying some of the changes stakeholders have been advocating for. We’ll be going through the NPRM in detail over the next few days.

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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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Practical Considerations for AI & Integrated Data Systems: Implicit Bias

Practical Considerations for AI & Integrated Data Systems: Implicit Bias November 6, 2023 Morgan Sexton, Katherine Kalpos, and Amelia Vance There has been lots of hype recently around artificial intelligence (AI), including its magical promises and potential risks. While it may be tempting to get swept up in the potential around AI and incorporate it into Integrated Data Systems (IDSs) right away, it is crucial to understand that AI is only as good as the information fed into it and the soundness of the algorithms that it relies on. Additionally, the implementation of AI into IDSs can create significant ethical

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What New Amendment to the Kids Online Safety Act May Mean for Integrated Data Systems

What New Amendment to the Kids Online Safety Act May Mean for Integrated Data Systems September 2023 Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 A new amendment to the Kids Online Safety Act (KOSA) isn’t just about kids.  On July 27th, the Senate Committee on Commerce, Science and Transportation passed KOSA as amended out of committee. While KOSA is designed to protect kids online, one of its new amendments – the Filter Bubble Transparency Act (aka Thune 2), hereafter referred to as “the amendment” – regulates platforms providing content to users of all ages. And notably for governmental integrated data system

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Webinar: Fixing Student & Child Privacy Laws: The Current Landscape

Webinar: Fixing Student & Child Privacy Laws: The Current Landscape June 8, 2023 It is shaping up to be the most active child and student privacy year in more than two decades. Between February and May, we saw child privacy mentioned in the State of the Union, discussed at three Congressional hearings, and prioritized in numerous state and federal bills. The Parents Bill of Rights passed the House and includes stunning amendments to FERPA & PPRA. To help guide stakeholders through these landscape shifts, the Student & Child Privacy Center at AASA, The School Superintendents Association and the Public Interest

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48 Hours of Student Privacy News

48 Hours of Student Privacy News May 24, 2023 In the past two days, the child and student privacy landscape has been overwhelmed with an influx of news and announcements. The biggest? The FTC’s new settlement with edtech company Edmodo might break school technology use in a few different ways, including shifts on which education entities edtech vendors can contract with and what rights parents have to modify or delete their children’s education data. While that would certainly be enough to hold our attention, we also saw: A major conservative think tank stating publicly that they believe that the pending

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Child Privacy Expert Warns Policymakers Must Enact Meaningful Federal Privacy Laws to Ensure Students’ Online Safety, Protect Against Dire Consequences

Press Release Child Privacy Expert Warns Policymakers Must Enact Meaningful Federal Privacy Laws to Ensure Students’ Online Safety, Protect Against Dire Consequences April 17, 2023 FOR IMMEDIATE RELEASE WASHINGTON, D.C. – Public Interest Privacy Center Founder and President Amelia Vance today offered testimony before the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce during a hearing entitled, “Addressing America’s Data Privacy Shortfalls: How a National Standard Fills Gaps to Protect Americans’ Personal Information.” During the hearing, Vance urged policymakers to take action by enacting comprehensive federal privacy law that include appropriate protections for children and students who are

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