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Safeguarding Data for Effective Use in Education Policy

Learn about safeguarding student data in education policy, privacy concerns, FERPA regulations, state legislation, and tools for data privacy and security. Explore key elements and actions taken by different states to ensure data protection.

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Safeguarding Data for Effective Use in Education Policy

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  1. Safeguarding Data to Ensure Effective Data Use Paige Kowalski |Director| State Policy & Advocacy April 2014

  2. Today’s Agenda • Overview: Privacy Concerns and State Landscape • Paige Kowalski, Director of State Policy and Advocacy at DQC • Safeguarding Data in Idaho • Senator John Goedde (R-ID), Chairman, Education Committee • Policy Guidance and Model Legislation Kate Lipper, Policy and Legal Advisor at EducationCounsel Reg Leichty, Partner at EducationCounsel @EdDataCampaign #eddata

  3. The Goal: Deliver Value to Educators Source: Ms. Bullen’s Data-Rich Year @EdDataCampaign #eddata

  4. The Task: Support Data Use & Protect Privacy Ensure privacy, security, and confidentiality of student data throughout. @EdDataCampaign #eddata

  5. The Family Educational Rights and Privacy Act (FERPA) • Protects student privacy by limiting the disclosure of student records by educational agencies and institutions that receive funds from the U.S. Department of Education. @EdDataCampaign #eddata

  6. An Evolution: Collecting, Storing, & Securing Data Today Back in the Day 1990’s Image Source: Louisiana State Board of Elementary and Secondary Education @EdDataCampaign #eddata

  7. We’ve seen a number of myths and fears arise about • The scope and type of student data collected and the privacy of those data • Who is collecting and accessing student data • The role of 3rd party service providers • Emerging concerns reflect a broadening of the conversation • Teachers and schools are using cloud based and other free tools; • Students are using school-sanctioned social networking or communication tools @EdDataCampaign #eddata

  8. The Next Step: Strengthen Communications & Privacy Policies @EdDataCampaign #eddata

  9. States Must: • Ensure parents and educators find value in the data that is collected and understand the “who, what, where, and when” of data collection and use. • Communicate with stakeholders, at every opportunity, to dispel myths and clarify the value of data to teaching, learning, and decision making. • Promote, enact and continuously review and update privacy, security, and confidentiality policies that are proactive and constructive rather than prohibitive. @EdDataCampaign #eddata

  10. State Legislation in 2014 • 83 bills from 32 states • More are already being drafted • 62 bills have taken a prohibitive approach • NY AB 8929: Allows parents to opt-out of having their child's PII shared with any third party • OK HB 2911: Prevents any cross-agency data links and defunds the SLDS • 33 bills have taken a governance/transparency/accountability approach • WV HB 4316: Describes state, district, and school privacy responsibilities and establishes data sharing governance • TN SB 1470: Requires a public data inventory and a comprehensive privacy policy • The approaches are not mutually exclusive @EdDataCampaign #eddata

  11. Other State Actions • Executive Orders • Georgia: Affirmed prohibitions on sending PII to the federal government. • Maine: Affirmed commitment to student privacy rights. • Iowa: Confirmed the state DOE provides only aggregated student-level data to the federal government. • State Board Actions • Louisiana: Created a task force to validate data storage, security, and sharing practices at the district and state levels. • Alabama: Passed a policy to ensure that all state education data are collected, managed, and used in secure ways. • West Virginia: Submitted an amendment requiring transparency about data collection, governance, and parent compliant procedures. @EdDataCampaign #eddata

  12. Safeguarding Data in Idaho • Senator John Goedde (R-ID) • Chairman, Education Committee @EdDataCampaign #eddata

  13. Foundational Elements of a State Data Privacy and Security Policy Privacy and Security: Related but Different

  14. Foundational Elements of a State Data Privacy and Security Policy Key Elements of Statewide Law/Policy • Statement of the policy/law's purposes • Selection of a state leader and advisory board • Establishment of public data inventory and description of data elements • Strategies for transparency about data use, storage, retention, destruction, and protection • Statewide policies governing personally identifiable information • Statewide data security plan

  15. Foundational Elements of a State Data Privacy and Security Policy Tools You Can Use • EducationCounsel, Key Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Guidance for State Policymakers • State Legislation/Policy Checklist • Model Legislative Language • PTAC, U.S. Department of Education, Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices • CoSN, Protecting Privacy in Connected Learning Toolkit: Considerations when Choosing an Online Service Provider for Your School System

  16. Foundational Elements of a State Data Privacy and Security Policy Tools You Can Use: 1a. State Legislation/Policy Checklist

  17. Questions? @EdDataCampaign #eddata

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