The Data Privacy Fervor

The activity around student data privacy has reached a new level of fervor, with state and federal legislators locked and loaded, ready to take aim at vendors, districts, and teachers alike. There are an amazing number of parties and organizations weighing in on this very important topic, from parent groups, the Software & Information Industry Association (SIIA), to many educational organizations like the National School Board Association (NSBA) and the National Education Association (NEA). 

There are literally tens of bills pending at the state and federal levels, with assorted rules for companies, districts, and school staff members. California was early to the game with its landmark SOPIPA legislation, which passed in September of last year. Others that joined, like Louisiana, passed laws that place teachers in the crosshairs, with looming large fines and possible jail time for each student data privacy violation. Yes, teachers do need to take protecting student data much more seriously, but are fines or jail time really the answer? We all need to start focusing on the basics, starting with policies, procedures, and staff and student training. 

Regardless of the pending laws affecting us in each of our states, the need to inform staff and students of the dangers of data over sharing and the responsibility to protect it have never been greater. If you are just starting your student data privacy journey, I suggest downloading the excellent Protecting Privacy in Connected Learning toolkit from the Consortium for School Networking (CoSN), which can serve as a privacy roadmap for districts. Also try visiting the Student Data Principles site, Stay Safe Online, and the Privacy Technical Assistance Center, which will give you the ammo needed to start moving your school forward with becoming a student data privacy advocate. 

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Student Data Privacy Worries Grow

The worries and media coverage around the privacy of student data are growing as fast as the amount of funds being funneled into educational technology startups, and for good reason; The amount of apps and programs that are being used with students by teachers and schools are growing faster than ever, and often being implemented with little to no planning and oversight. 

Natasha Singer, of the New York Times, who has investigated the (in)security of educational applications produced by signatories of the Student Privacy Pledge, wrote a new story highlighting the difficulties faced by schools in managing all the apps and related student data. The story features Judson Independent School District amongst others.

At the same time a coalition of groups, including CoSN, the Consortium for School Networking, released 10 principles for protecting and guiding the use of the personal information of America’s students. 

It's great to see media coverage highlighting the issue that is also willing to recognize that there are many groups involved with trying to help schools with this issue.

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FERPA & Student Data Privacy - Let the privacy tidal wave begin

Recently, I had an educator ask me if students collaborating together on an assignment, through a collaborative technology such as Google Docs, could be a violation of the Family Educational Rights & Privacy Act, which most of us know as FERPA. Their concern was that as students work together, one student’s parent would be able to see the work done by the student their child was collaborating with on the assignment. This has never occurred to me as a concern, but it certainly begged investigation. After reviewing many websites, I did not find anything that would suggest a homework assignment in progress would at all be considered an educational record (and therefore protected by FERPA), as it is not part of a child’s permanent record at that point, nor is it in possession of the school at that point. In fact I did not find anything definitive that would suggest student work is FERPA protected at all. Graded work MAY be, as an individual grade itself might be part of the student record. But from the United States Supreme Court “Owasso Independent School District v. Falvo,” it is clear that an ungraded assignment is not an educational record, and therefore not subject to FERPA. 

The above is my interpretation and not a legal opinion, but it demonstrates how delicate the topic of student privacy is becoming. Increasingly, student data and privacy are being looked at with a laser focus by places like the State of California, President Obama, and organizations like Common Sense Media and CoSN. Expect to hear many more discussions and questions about what student data is shareable to further a student’s education and what data must be protected by schools and third parties.

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Keeping Student Data Private

In a world of cloud services, mobile computing, and one click data sharing, keeping student and employee data private is becoming increasingly difficult.

Yours truly and and some great CTO's from around the United States shared their thoughts on this topic with T.H.E. Journal recently.

Read the thoughts at http://thejournal.com/articles/2014/04/10/keeping-student-data-private.aspx

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