Sometimes school districts use a loophole in the law to get around the parental consent requirement by characterizing ed tech companies as school officials. However, the school official exception28 is only applicable to a contracting company if specific conditions are met: The ease with which ed tech providers can take advantage of the school official exception described above prevents FERPA from going far enough to protect student data. Some questions to think about include: Notify parents. Pick ed tech tools carefully. Asking for help, clarification, or responding to other answers. Can parents opt their children out of participation in the technology? Lexia Learning requires that students and parents contact the school administrator to facilitate requests to access, change, or delete personal information. Among respondents, 45 percent reported that their schools or districts did not provide parents with written disclosure about ed tech and data collection, and 31 percent were not sure if such disclosure was provided. It seems a lot of students dont care about privacy issues whatsoever. Actively discourage schools and districts from bad password hygienefor instance, using students birthdays and last names as passwords. Can data be collected when teachers correspondence or other documents discuss my child? A comprehensive description of how data is used, avoiding meaningless statements such as to improve products and services.. [If Other] What other devices were issued by your district/school? But when at the negotiating table with ed tech vendors, administrators must balance that pressure with their responsibility to protect the privacy of their students. Does the vendor follow current best practices in data security? Im a parent reporting on my childs school practices. Our legal team drafted a letter to the district to outline the privacy concerns associated with school-issued Chromebooks. This lack of trust translated into increased caution and even chilling effects when students used school-issued devices and ed tech programs. (Specifically for when trying to categorize an adult). Opting out is not the only reason for a student to not have a device in their hands, Eric said. Download the complete Spying on Students: School-Issued Devices and Student Privacy report as a PDF. While we cannot address them all, they provide valuable context and deserve acknowledgement. In addition to thinking about pedagogy and learning benefits, ask questions about data collection, privacy, and transparency. CodeJava.net is created and managed by Nam Ha Minh - a passionate programmer. We found a range of specific practices here, including: Of the 118 privacy policies we examined, only 46 state that the vendor uses encryption. The law contains a nonexclusive list of terms that the contract must contain, including a statement that student information does not belong to the service provider, a description of means through which the board may request deletion of student information, and a statement that the service provider will ensure the security and confidentiality of student information. The schools provide students and their parents with a menu of options for opting out. [If Other applications] What other applications is the district/school using? 9. We found that (1) parents and students experienced a lack of transparency from schools, with parents reporting little or no disclosure of what technology their students were using in the classroom. Instead, we got a short, verbal listbut when we look at our sons iPad, we see a lot more programs than what they told us about. The teachers who responded to the survey were acutely aware that, even without adequate training, they were still regarded as the first line of defense in protecting student privacy. These contracts should include provisions on security, collection, use, retention, disclosure, destruction, access, and modification of data. When parents questions went unanswered, they were left with serious data concerns, particularly when devices and ed tech programs came home with students. Making statements based on opinion; back them up with references or personal experience. Just as staff need training to implement ed tech services with digital privacy in mind, students need enhanced education to safely use such services. Absent a request from a school administrator, Lexia retains the information for as long as the account is active or as needed for Lexia to provide services. They never updated the agreement, and now use it as blanket permission for anything that occurs online. The district maintains a website for parents to obtain information regarding technology in the classroom, but I have not found anything there about student privacy. In short, ed tech companies cannot create student profiles or target students for non-educational purposes. Librarians have the training and experience to approach vendor relations and contract decisions with student privacy in mind. Finally, set default settings on devices and software to protect against, rather than allow for, privacy-invasive data collection. Parents should have access to all relevant privacy policies of vendors and ample time to consider whether they feel comfortable with the proposed vendors data practices. Schools and districts should avoid asserting authority to consent on behalf of parents to the sharing of student data with third parties such as ed tech vendors, and should obtain written consent from parents directly. The law provides: The right of parents and adult-age students to inspect and receive a copy of student records. While EFFs focus has been on ed tech companies policies and practices rather than those of schools, it is important to highlight that school privacy policies and their implications change once ed tech is in the picture. The school or district might create policies and processes that threaten student privacy. Find allies. District and school leadership, as well as teachers, should be aware of how services can be approved and who has the authority to enter into agreements with providers. Do their privacy policies or agreements with the school address collection, use, aggregation, retention, and encryption of students PII? Again, these numbers do not describe school policy patterns across the country. COPPA requires companies to obtain verifiable parental consent29 before collecting personal information from children under 13 for commercial purposes. Yes, from both the school and the company. As a parent, be on the lookout for: Push for opt-out alternatives. Ask district or school officials to explain the process through which the current technology and policy was adopted, and how it might be changed. This means its over 300 signatories19 have made what appears to be an essentially binding commitment to its 12 provisions. What we want is a comprehensive snapshot of what technology experiences our son is having, especially if he has to log in to use them. Tried my best to keep things as simple as possible. Browse other questions tagged, Where developers & technologists share private knowledge with coworkers, Reach developers & technologists worldwide, Yes I tried that solution but still doesn't work. A contractor cannot use student information for any other purpose than the purpose for which it was disclosed by the school district. To help schools that have less local capacity, the state Department of Education must provide them with a sample policy, including protocols for maintenance of a student data index, retention and destruction of student personally identifiable information, use of student personally identifiable information, prevention of security breaches, requirements for contracting with service providers, and disclosure of PII. When tools are available for free on the web, for example, it can be tempting to adopt and use them in an ad hoc manner. If students dont expect privacy, if they accept that a company or a teacher or big brother is always watching, then they wont be creative anymore, she said. Valued at over $8 billion,7 the educational technology sector in the U.S. has been described as the worlds most data-mineable industry by far.8 As companies race to produce and capture more student data, the U.S. Department of Education has encouraged schools to use big data analysis to improve assessment and educational innovation.9 Common Cores computerized testing requirements and other developments in education policy have also increasingly driven ed tech adoption forward.10 In the midst of these changing requirements, underfunded schools lack of resources can make them particularly susceptible to offers of free devices and educational software from large ed tech companies.11. An Oregon public school student who investigated opt-out options on their own found a disconnect between the schools apparent willingness to accommodate and what options the school was actually prepared to provide in practice: I personally spoke with the teachers at my school about technical judgments and hesitations I had. Do not track students online behavior to create a profile on them, even when they navigate away from core educational services. In short, delete-orphan allow parent table to delete few records (delete orphan) in its child table. Finally, (8) students need enhanced digital literacy education to take control of their privacy in the classroom. Some tips for connecting with parents locally include: Once you have identified a small group of parents to work with: Given that the integration of technology in education affects their data personally, its vital that students are especially attentive to whats being integrated into their curriculum. When we asked for the apps that the school was using, we were hoping to see in writing what theyre using. Families may change their opt-out status each year. FERPA, however, does not require schools to create or retain any such records. Parents, on the other hand, consistently were not satisfied to take the schools, ed tech companies, or states word, and preferred to independently verify all policy claims. Do third-party services respect school policies? A birth certificate is a record that documents a person's name, birthplace, date of birth, and parentage. The FTC made clear that if an operator intends to use or disclose childrens personal information for its own commercial purposes in addition to the provision of services to the school, it will need to obtain parental consent.30, Specifically, a school district should ask: Does the operator use or share the information for commercial purposes not related to the provision of the online services requested by the school? Make sure everyone in your group speaks. SOPIPA provides important privacy protections for K-12 students, but it also includes significant loopholes. Parents described confusing procedures around student privacy in their schools and districts. Thats when EFF reached out to the district. Students are using technology in the classroom at an unprecedented rate. If you are concerned about a particular technology and its privacy implications, find allies amongst your colleagues. Under the Family Educational Rights and Privacy Act (FERPA), the data that students often use to log into Google serviceslike name, student number, and birthdaycant be shared with third partiesincluding Googlewithout written parental consent. But as third grade came to a close, the district made clear that there would be no exception made the next year. (2) This lack of notice from schools put the investigative burden on parents and even students to address (3) their extensive concerns about student data collection, retention, and sharing. Teachers and other staff in her district would benefit as well. Even the best policies and legislation are rendered toothless if staff members, administrators, and teachers are not equipped to implement them correctly.17, Parents overwhelmingly saw teachers and other school staff as unaware and non-expert in technology. Parents concerns above highlight the extent to which student privacy violations may go beyond the classroom. I wish I could take it even further than thatthe ideal scenario would be to break down the use of technology a little bit more. For example, a parent might be fine with their student using all technology except for cloud services that require an account, or a parent might want their student to have access to the Internet at school but only on a family-owned device rather than a school-issued Chromebook. Ultimately, however, meaningful improvements in student data protection will require changes in state and federal law, in school and district priorities, and in ed tech company policies and practices. First, the Pledges definition of student personal information calls into question the basic integrity of the Pledge. If you cannot easily find at least two other parents who share your concerns, approach your childs teacher(s) and ask whether they know any other parents who might share your concerns. Finally, the SDTSA is unique in its explicit focus on training local staff to handle student data. After requests to talk about student privacy issues, Matts boss pointed him to the districts as well as Googles privacy policies. Further, 32 percent of all respondents reported that their schools or districts did not offer opt-outthat is, non-technological classroom alternatives for families who did not want students using certain technologyand 37 percent were not sure if opt-out was available. The policies should be conspicuous, readable (in plain language), available in a single location, and not embedded in Terms of Service or Terms and Conditions statements. Twenty-three percent of parents did not know whether or not they had received written disclosure about their schools ed tech practices, and 57 percent were sure they had not. Im a district/school administrator reporting what happens in my district/school. For students and parents on the ground in particular, the distinction between the privacy practices of large ed tech companies and the privacy practices of ones own school or district is not always clear. Sometimes educators default to not using any technology at all because they dont have the time or resources to teach their kids about appropriate use. What data are the technology providers and the school district collecting, respectively? Make opt-out processes granular, with separate options for different uses of student data, e.g., putting information in the yearbook/directory, using cloud services, using school-issued devices vs. personal devices, using services that do or do not have a contract with the school, etc. Similar to Colorados provisions for training resources, Connecticuts law establishes a task force to study student privacy issues, including investigating the creation of a toolkit for local and regional boards of education to improve data contracting practices, increasing employee awareness of student data security best practices, developing a list of approved softwares and websites, and increasing transparency on privacy information for parents. Finally, describe in your privacy policy all third parties with which student information is shared, what information is shared, and the purpose of sharing it. A public school administrator in Indiana, however, was uncertain: Although the service providers (Google, Microsoft, major publishers, etc.) And if so, is it narrowly tailored to the educational context? What mechanism does CPU use to know if a write to RAM was completed? Exercise caution when choosing what devices, platforms, services, or websites to use in the classroom. Are parents provided with written disclosures about data collection (such as a privacy policy)? While websites and other services are directed to delete students information if requested by the school or district, SOPIPA does not state a time period in which website and service providers must comply, nor does it include any other requirements for data retention and deletion. They were fully willing to allow me to use alternative means of technology. (Select one. We drew from the approximately one-third of survey respondents who provided their contact information and indicated that they were willing to be contacted by EFF. Podcast Episode - Who Inserted the Creepy? We address: In Part 3, we turn our analysis into a call for action and present our recommendations for: school administrators, teachers, librarians, system administrators, parents, students, and ed tech companies themselves. In addition to privacy policies, include privacy-related information as part of user interfaces when appropriate. After discussing industry self-regulation and the Student Privacy Pledge, we provide an analysis of key federal laws FERPA and COPPA followed by a sample of outstanding state laws in California, Colorado, and Connecticut. It seems like every classroom you look into is using technology, Eric said. They sell ads, they track information on folks. The key problem here is that the term personally identifiable information is not defined, allowing companies to collect and use a significant amount of data outside the strictures of the Pledge. Does the policy change for AI-generated content affect users who (want to) Hibernate Unidirectional Parent/Child relationship - delete() performs update on child table instead of delete, Hibernate - removing item from collection, How to delete child in hibernate when relationship is from child to parent, Delete Parent and Child in One-Many Mapping in Hibernate. After the survey concluded, we selected several respondents for longer, in-depth interviews. 12. I dont want to say that Google or Chromebooks or any of this stuff is inherently bad, Matt said. When schools and districts cant negotiate agreements and are consequently required to accept a providers Terms of Service in order to use the application, they must cautiously review the Terms of Service. 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