Recommended Resources

Recommended Resources: The Children’s Online Privacy Protection Act (COPPA)

Recommended Resources The Children’s Online Privacy Protection Act (COPPA) April 2024 Jessica Arciniega, Katherine Kalpos, Morgan Sexton, and Amelia Vance       CC BY-NC 4.0 Introduction It’s time to revisit your COPPA knowledge! In January, the Federal Trade Commission (FTC) published a notice of proposed rulemaking (NPRM) to update the COPPA Rule that would mean big changes for companies and schools, codifying some of the changes stakeholders have been advocating for. To equip you with the necessary tools to decode and navigate potential changes in the NPRM, we’ve handpicked our top 5 resources on COPPA and how it applies […]

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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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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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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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Student Privacy Primer

Student Privacy Primer Juliana Cotto, Edith Mandinach, Amelia Vance, Jim Siegl, Anisha Reddy, Tyler Park, and Jasmine Parks This primer explains the concepts of student data, including who uses the data and why they use it; data privacy in general; student data privacy; student data privacy risks and harms; how student data privacy relates to data ethics and data equity; key federal privacy laws; key district and school policies; and what it means to foster a culture of privacy. Each of these sections and a concluding section list additional resources to help education stakeholders learn more about student data privacy.

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Youth Privacy and Data Protection 101

Youth Privacy and Data Protection 101 April 1, 2021 Jasmine Park and Amelia Vance Future of Privacy Forum   Shared Under Creative Commons License It is estimated that one-third of global internet users are under the age of 18. As digital technologies increasingly mediate nearly all facets of their lives, including their education, young people encounter unique opportunities and risks online. It is imperative to ensure that well-meaning but perhaps rushed efforts to protect youth from risks do not significantly limit their access to valuable opportunities. Rather, these efforts must both protect and empower young people while allowing them to gradually develop

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Teaching privacy and ethical guardrails for the AI imperative in education

Teaching Privacy and Ethical Guardrails for The AI Imperative in Education Evan Selinger & Amelia Vance Originally published by the NSW Department of Education Future EDge, Issue 3 December 2020 Introduction In 1956 computer scientist John McCarthy coined the phrase ‘artificial intelligence’ (AI) to describe ‘the science and engineering of making intelligent machines’ (McCarthy, 2007). Over time, the term has evolved to cover a variety of technologies, including ones widely used in education, from plagiarism detectors to voice-activated virtual assistants leveraged to enhance campus information distribution and classroom pedagogy (Arizona State University, 2018). Contemporary AI discussions are about ‘a variety

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School Safety Measures Must Have Evidence, Be Specific, & Have Privacy and Equity Guardrails

This week’s newsletter focuses on a new report from Human Rights Watch. I decided to write it because this report joins many others from student privacy advocates that focus nearly exclusively on commercialization risks.

When student privacy reports focus again and again on advertising technology as the major threat to student privacy, stakeholders overlook other insidious privacy harms. The likely result of the report will be a series of articles about how student privacy is in crisis and there are not enough laws and companies are bad. That may draw attention to this issue, but it also means that other really important student privacy issues could fall by the wayside.

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The Policymaker’s Guide to Student Data Privacy

The Policymaker’s Guide to Student Data Privacy April 2019 Tyler Park, Sara Collins, and Amelia Vance Future of Privacy Forum       Shared Under Creative Commons License Table of Contents Add a header to begin generating the table of contents Download the PDF Introduction Schools have always collected a wide range of data—from enrollment information, to tracking student performance throughout the year, to health and disciplinary records—to allow teachers and school leaders to best serve every student. As all levels of education institutions take advantage of technology, such as vast libraries of resources, learning management systems, and tools that

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