New State Laws and Proposed Federal Legislation Rache hel A l - - PowerPoint PPT Presentation

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New State Laws and Proposed Federal Legislation Rache hel A l - - PowerPoint PPT Presentation

Jan 28, 2024 170 likes •381 views

New State Laws and Proposed Federal Legislation Rache hel A l Ande nderson, son, Data ta Qua Quality C lity Campa paign ign Ala lan Sim n Simpson, pson, iK iKeepSa pSafe Where We Are School as we know it is changing Tech

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SLIDE 1

New State Laws and Proposed Federal Legislation

Rache hel A l Ande nderson, son, Data ta Qua Quality C lity Campa paign ign Ala lan Sim n Simpson, pson, iK iKeepSa pSafe

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SLIDE 2

Where We Are

#eddata @EdDataCampaign

» School as we know it is changing » Tech and information needs evolving faster than

  • ur policies

» Lack of communication with parents and the public about value of data » How do we address the personal nature of privacy?

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2014 Evolution of Privacy Concerns 2015

  • 2016

School-reported student data

  • The scope and type of student data

schools collect and the privacy of those data

  • Who is collecting and accessing student

data/education records

  • The role of 3rd party service providers
  • The role of the Assessment Consortia

Self-reported student data

  • Protections and use of data collected

when teachers and schools use free cloud based tools

  • Protections and use of data collected

through school-sanctioned social networking or communication tools

@EdDataCampaign #eddata

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SLIDE 4

State e Leg egislation on

ST STUDENT DATA A PRIV IVAC ACY

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SLIDE 5

110

bills related to student data privacy in

36

states

2014 State Legislative Activity

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SLIDE 6

188

2015 State Legislative Activity

bills related to student data privacy in

47

states

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SLIDE 7

2015 Legislative Themes

  • Governing the data use and privacy activities of online

service providers

  • Directly (SOPIPA model)
  • Indirectly (though contracting requirements)
  • Concerns about commercialization of data
  • Targeted advertising and personalized learning
  • Legal/technical support for districts
  • Parental opt-in/-out
  • Data governance and transparency at the state level
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SLIDE 8

Core of California student privacy laws:

Senate President Steinberg: SOPIPA "makes clear that data collected by private companies needs to be used only to enhance and improve the education for young people." AB 1584 requires that student data managed by

  • utside companies remain the property of school

districts and in their control. Companies can't use student records as they please.

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SLIDE 9

40

2016 State Legislative Activity (So Far)

bills related to student data privacy in

18

states

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Implications of New State Laws

  • Direct governance of service

providers by states.

  • Increased focus on parent consent

and opt-out.

  • Inconsistent definitions and

provisions for service providers.

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SLIDE 11

Fed edera eral Activity on

ST STUDENT DATA A PRIV IVAC ACY

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Federal Student Privacy Activities in 2015

  • FERPA Amendments

§ Potential changes to scope of data governed and school official definition

  • ESEA Reauthorization

§ Continued focus on data, evaluation, and evidence. § New public reporting and accountability

  • pportunities
  • Messer-Polis and Blumenthal-Daines

§ Use of student data by service providers

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SLIDE 13

Family Educational Rights and Privacy Act

Establishes student privacy rights by restricting with whom and under what circumstances schools may share students personally identifiable information.

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Implications of a New FERPA Amendment

  • Could expand coverage to data
  • utside the student record.
  • New education governance

responsibilities for the FTC.

  • Overall lack of clarity can lead to

hesitation to share data.

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SLIDE 15

InformationWeek

Hope Battles Fear Over Student Data Integration

March 26, 2013 A nonprofit startup called inBloom was one

  • f the stars of the SXSWEdu event earlier

this month in Austin, Texas. Funded by the Bill & Melinda Gates Foundation and the Carnegie Corporation of New York....

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Mind/Shift

What Will Happen to ‘Big Data’ in Education?

April 3, 2014 Yesterday, a $100 million startup lost its last customer… the state of New York, inBloom’s last remaining client, will delete all student data on the repository due to privacy concerns.

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January February March April May June July August September October November Negative Neutral Positive

Taking the Pul

Pulse of the Media

In 2014…

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January February March 20 15

Taking the Pul

Pulse of the Media

From the headlines of 2015…

Pr Preside sident nt spe speaks to the s to the FT FTC on Priv

  • n Privacy

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  • ncern Ov

rn Over r Edu A Edu Apps’ pps’ Se Security urity Me Measur sures Fede deral a l and nd Sta State te Priv Privacy y Le Legisla gislation tion Pr Propose

  • posed

Stude Student nt Priv Privacy is y is

Ma Major jor T

The heme at SXSW t SXSWedu du 36 N Nationa tional Educ l Education tion

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it to Stude Student D nt Data ta Princ Principle iples

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Advocate & Parent Concerns

λ Targeted advertising λ Commercialization of education λ Federal takeover of education λ “My child is not a data point” λ Academic tracking λ Fear itself

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Edtech / Developer Concerns

λ Define targeted advertising λ Define “personally identifiable information” λ Who are covered vendors? λ How will parents access and correct data? λ Teacher-authorized vs district-authorized