{"id":8988,"date":"2018-11-25T06:39:35","date_gmt":"2018-11-25T11:39:35","guid":{"rendered":"https:\/\/news.elearninginside.com\/?p=8988"},"modified":"2019-10-02T13:16:59","modified_gmt":"2019-10-02T17:16:59","slug":"student-data-security-is-at-risk-we-need-to-update-ferpa","status":"publish","type":"post","link":"https:\/\/news.elearninginside.com\/student-data-security-is-at-risk-we-need-to-update-ferpa\/","title":{"rendered":"Student Data Security Is at Risk. We Need to Update FERPA."},"content":{"rendered":"

Earlier in November, about 100 students at the Secondary School for Journalism in Brooklyn walked out of school. They were protesting the school\u2019s adoption of Summit Learning and the Summit Platform. Having grown frustrated with long hours of screen time every day and a system that didn\u2019t suite them well, put their student data at risk, and which could be easily cheated, they left school to register dissent. More recently, two organizers of the event wrote a letter to Mark Zuckerberg. The platform has been funded by the Chan Zuckerberg Initiative and was initially developed by Facebook engineers. In the letter<\/a>, Akila Robinson and Kelly Hernandez write:<\/span><\/p>\n

\u201cAnother issue that raises flags to us is all our personal information the Summit program collects without our knowledge or consent. We were never informed about this by Summit or anyone at our school, but recently learned that Summit is collecting our names, student ID numbers, email addresses, our attendance, disability, suspension and expulsion records, our race, gender, ethnicity and socio-economic status, our date of birth, teacher observations of our behavior, our grade promotion or retention status, our test scores and grades, our college admissions, our homework, and our extracurricular activities. Summit also says on its website that they plan to track us after graduation through college and beyond. Summit collects too much of our personal information, and discloses this to 19 other corporations.<\/span><\/p>\n

\u201cWhat gives you this right, and why weren\u2019t we asked about this before you and Summit invaded our privacy in this way?\u201d<\/i><\/span><\/p>\n

Federal law, actually, gives Zuckerberg and Summit Learning this right<\/a>. The Family Educational Rights and Protection Act (FERPA) governs the protection of personal student data in school and, among other things, conditions under which it can be disclosed. It was written in 1974 and signed into law by President Gerald Ford. The act has been expanded and amended many times throughout its history.<\/span><\/p>\n

FERPA Has a Major Loophole<\/h1>\n

As it stands, FERPA provides numerous exceptions that allow schools to disclose student data without parental or guardian consent, but edtech companies and organizations like Summit Learning tend to exploit a single one of these. <\/span><\/p>\n

Under FERPA (34 CFR Part 99.31), \u201cAn\u00a0educational agency or institution\u00a0may disclose personally identifiable information from an education\u00a0of a student without the consent required by\u00a0\u00a7 99.30\u201d if \u201cthe\u00a0disclosure<\/a>\u00a0is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.\u201d<\/span><\/p>\n

Furthermore, \u201cA contractor, consultant, volunteer, or other\u00a0party<\/a>\u00a0to whom an agency or institution has outsourced institutional services or functions may be considered a school official\u201d so long as said party \u201cperforms an institutional service or function, \u201cis under direct control of the agency or institution,\u201d and is subject to further requirements.<\/span><\/p>\n

Edtech Companies Can Be Considered as a ‘School Official’ and Mine Student Data<\/h1>\n

In other words, in the case of Summit Learning at the Secondary School for Journalism in Brooklyn, they are considered a \u2018school official\u2019 performing a function and\/or service. No consent was needed, and Summit Learning is fully within their rights to collect student data. <\/span><\/p>\n

Many other edtech companies continue to collect student data through this loophole. It shouldn\u2019t be that way, and FERPA is due for a rewrite. <\/span><\/p>\n

The Electronic Frontiers Foundation provides a great resource<\/a> for any individuals looking to take a deeper dive into the subject.<\/span><\/p>\n

Featured Image: Jorge Alcala, Unsplash.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Earlier in November, about 100 students at the Secondary School for Journalism in Brooklyn walked out of school. They were protesting the school\u2019s adoption of Summit Learning and the Summit Platform. Having grown frustrated with long hours of screen time every day and a system that didn\u2019t suite them well, put their student data at risk, and which could be easily cheated, they left school to register dissent. More recently, two organizers of the event wrote a letter to Mark Zuckerberg. The platform has been funded by the Chan Zuckerberg Initiative and was initially developed by Facebook engineers.<\/p>\n","protected":false},"author":11,"featured_media":8989,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[5,17536],"tags":[],"class_list":["post-8988","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles","category-k-12"],"yoast_head":"\nStudent Data Security Is at Risk. We Need to Update FERPA. - eLearningInside News<\/title>\n<meta name=\"description\" content=\"Earlier in November, about 100 students at the Secondary School for Journalism in Brooklyn walked out of school. They were protesting the school\u2019s adoption of Summit Learning and the Summit Platform. 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