Articles tagged with FERPA

U.S. Department of Education issues guidelines on student data privacy

The U.S. Department of Education has issued new online resource guidelines to help school districts and educators interpret major laws for protecting student privacy and develop best practices for using online educational services.

The report, Protecting Student Privacy While Using Educational Services: Requirements and Best Practices,  issued by the department’s Privacy Technical Assistance Center (PTAC), noted that classrooms are increasingly employing technological advances such as on-demand delivery of personalized content, virtual forms of interacting with teachers and other students, and many other interactive technologies.

“Early adopters of these technologies have demonstrated their potential to transform the educational process, but they have also called attention to possible challenges,” says the report. “In particular, the information-sharing, web-hosting, and telecommunications innovations that have enabled these new education technologies raise questions about how best to protect student privacy during use.”

Examples of online educational services include online services that students use to access class readings, see their academic progress, watch videos, or comment on class activities, the report said. Complicating the issue is the fact that  “the diversity and variety” of these online educational services provide no single answer regarding which technologies, and which student data disclosures and uses, are covered by the Family Educational Rights and Privacy Act (FERPA).

As is often the case with emerging technologies, the interpretation of existing laws such as FERPA and the Protection of Pupil Rights Amendment are slower to evolve than the technology itself. These issues continue to be at the forefront of discussions among educators, software companies, legal experts, and others with a stake in student data privacy.

“Student data privacy has received a great deal of national attention in recent months, with many groups working to develop resources for their own constituents and collaborating with others to determine best practices,” said National School Boards Association (NSBA) Executive Director Thomas J. Gentzel. “NSBA has been a part of this national conversation.”

NSBA’s Council of School Attorneys (COSA) formed a working group on student privacy this year, which will issue a guide for school attorneys this spring.  “We are producing a resource for school attorneys that will help them navigate the legal landscape and identify best practices for student data privacy protection that go beyond legal compliance,” said COSA Chair Allison Brown Schafer of the North Carolina School Boards Association. NSBA will issue guidance for school board members.

“As an education community, we have to do a far better job of helping teachers and administrators understand technology and data issues so that they can appropriately protect privacy while ensuring teachers and students have access to effective and safe tools,” U.S. Department of Education Secretary Arne Duncan said. “We must provide our schools, teachers, and students cutting-edge learning tools — and we must protect our children’s privacy. We can accomplish both — but we will have to try harder to do it.”

The report discussed several best practices schools should use to protect student privacy when using online educational services. Among them are: maintaining an awareness of relevant federal, state, tribal, or local laws; having policies and procedures to evaluate proposed online educational services; and being transparent with student and parents about how schools collect, share, protect, and use student data.

Read more in NSBA’s Legal Clips.

Alexis Rice|March 6th, 2014|Categories: Educational Technology, School Law|Tags: , , , , , |

New school law webinars examine the Family Educational Rights and Privacy Act

The National School Boards Association’s (NSBA) Council of School Attorneys (COSA)  is hosting a two-part webinar series on the Family Educational Rights and Privacy Act (FEPRA). Register today to learn more about this important topic.

Here are details on the sessions:

September 11, 2013 – FERPA Session 1: The Family Educational Rights and Privacy Act Inside and Out

Veteran in-house counsel Margaret-Ann Howies presents an engaging look at FERPA through the lens of a very real and traumatic school shooting. Here’s your chance to learn – or brush up on – the ins and outs of the federal law that permeates school district operations, FERPA. We’ll start with the basics: What is an education record covered by FERPA? When can personally identifiable information about a student be released and to whom? Are emails education records? Then, we’ll move into recent questions: May a school district store student records in “the cloud?” When does an “emergency” cease, thereby triggering the consent requirement? What if the student is deceased? What if the student has changed names? Become FERPA conversant in just over an hour.

1:00 p.m. – 2:15 p.m. (EDT)

Host: Sonja Trainor, Director, NSBA Council of School Attorneys

Presenter: Margaret-Ann Howie, General Counsel, Baltimore County Public Schools

January 15, 2014 – FERPA Session 2: School Videos and Student Privacy – What’s the Final Rule?

Few issues have caused such widespread consternation for school districts and their attorneys than the following: to what extent are school videos education records covered by FERPA? NSBA requested clarification from the U.S. Department of Education years ago. Join a seasoned school lawyer for a distillation of the current state of the law and “unofficial” guidance from the Department’s Family Policy Compliance Office.

Time: 1 p.m. – 2:15 p.m. (EST)

Host: Sonja Trainor, Director, NSBA Council of School Attorneys

Presenter: Sarah Craven Clark, Deputy Director of Legal Services, Ohio State Association Counsel

Learn more and register now.

 

 

Joetta Sack-Min|September 10th, 2013|Categories: Council of School Attorneys, Federal Programs, Governance, School Law|Tags: , , , , |

New law will help provide better education services to foster children

The National School Boards Association (NSBA) praised the passage of the Uninterrupted Scholars Act, which allows school districts to provide educational records to child welfare agencies that are legally responsible for the care and protection of a student, including the educational stability of a child in foster care. This new law, signed by President Barack Obama on Monday, amends provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).

“Assuring the educational success of vulnerable children, such as those in the child welfare system, is an important priority for local school boards,” said Michael A. Resnick, NSBA’s Associate Executive Director for Public Policy and Federal Advocacy. “Federal policy increasingly calls for public school districts to collect and share data on individual students. Federal initiatives require data collection to ascertain, among other things, individual student progress, student demographics, and student disciplinary actions.”

While it is important to respect a student’s privacy, NSBA recognizes that this data collection and sharing may be necessary to achieve important goals such as interagency collaboration in youth services, closing the achievement gap, and improving instruction and student outcomes.

“The Uninterrupted Scholars Act is a step forward in assuring successful educational outcomes for some of our most vulnerable children,” said Resnick.

Joetta Sack-Min|January 15th, 2013|Categories: Educational Legislation, Federal Advocacy, Federal Programs, Legislative advocacy, Policy Formation|Tags: , , |
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