Privacy and Student Data: What to Consider
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This document discusses student privacy laws and best practices for managing student data. It summarizes that FERPA gives students rights over their education records. Districts must identify who is responsible for reviewing apps and services used by students. They should train administrators annually on privacy laws and establish consistent practices for sites to follow. Educators should model safe online behavior and find teachable moments to help students navigate technology appropriately. Districts must plan alternatives for families who do not want their data shared digitally. Overall, following best practices for using and sharing data protects both students and districts.
Privacy and Student Data: What to Consider
- 1. 6 | TechEdge | www.tcea.org/techedge AT A GLANCE Know the Student Privacy Laws With a 2012 update to the Family Educational Rights and Privacy Act (FERPA), protecting student privacy should be at the forefront of our work. FERPA focuses on student rights, including: • The right to inspect and review their education records • The right to request an amendment to the education records that the student believes are inaccurate or misleading • The right to limit disclosure of personally identifiable information, including “directory information” • The right to file a complaint. Additionally, the Protection of Pupil Rights Amendment requires districts to “notify parents of students who are scheduled to participate in activities involving the collection, disclosure, or use of personal information collected from students for marketing purposes, or to sell or otherwise provide that information to others for marketing purposes, and to give parents the opportunity to opt-out of these activities.” Most states have laws that leaders should know and put into practice as well. Privacy and Student Data: What to Considerby Dr. Lisa Gonzales and Geoff Belleau In the last few years, new data systems and requirements have expanded tenfold, yet the administration of systems and devices hasn’t always caught up. From new data management systems, statewide data systems, student and staff devices, and an explosion of new apps and websites, data management has become a challenge. Are we managing our data in a safe and responsible manner? What student privacy protections should districts consider?
- 2. Issue Four, November 2016 | TechEdge | 7 AT A GLANCE Privacy and Data Management 101 Have you identified the person or team responsible for reviewing services and applications used by students? Make sure to put in place a process by which management systems and shared docs become a regular practice with teachers, allowing them to ask for and obtain feedback about apps they would like to use so a master list is available with parameters of data use and sharing. Another good practice to put in place is to train administrators annually on laws surrounding data sharing and privacy, including a set of district practices that each site should follow for consistency. As with many other legal requirements, there are many misunderstandings and half-truths, so it is important to get training. Be Proactive and Model Safety It is important that educators help students claim their data and build an online identity, much easier than having it stolen and trying to take it back. When data is compromised, sometimes it cannot be removed. One strategy to clear your online reputation is to start flooding it with positive posts. The best first step to protecting your online identity is to model, model, and model. Find the teachable moments to navigate the online world of collaboration, posts, and social media. Next Steps Managing the online world feels ominous, especially for teachers whose plates are already full with instruction and individual student needs. Ensure teachers know what steps are in place to obtain help in the district, and begin a practice of focusing on resources like Common Sense Media and others that can support student safety. From sharing tips with parents to providing mini-lessons for students, our front line staff can effectively ensure student privacy and safety. When a district does go “digital,” a plan must be developed and implemented to allow for alternate learning opportunities for families that are not able to have their students participate and yet keep their data private. All of the suggestions go beyond just protecting students; protecting the district with best practices for using and sharing data is, these days, just common sense. Dr. Lisa Gonzales is the President Elect of ACSA, serves on the CUE Legislative Advisory Team, and is a member of TICAL. Geoff Belleau has been an elementary teacher, high school tech teacher and county ed tech coordinator. Geoff is also a member of TICAL. The following resources are recommended for further information: California Guide to FERPA www.f3law.com/privacy Summary of Federal Laws nces.ed.gov/pubs97/p97527/Sec2_txt.asp Common Sense Media tools for use with students www.commonsensemedia.org/educators/scope-and-sequence From sharing tips with parents to providing mini-lessons for students, our front line staff can effectively ensure student privacy and safety.