Obama recently took to the bully pulpit again, this time proposing
what he called the Student Digital Privacy Act, saying, "If we're
going to be connected, then we need to be protected." The act's
purpose is "to prevent companies from selling sensitive student
information collected in schools and using such data to engage in
targeted advertising to children." In other words, all that
information being collected about our kids should be used for
educational purposes only, not exploitation and marketing..
After all, says Alison DeNisco, news editor at District Administration
Magazine, "When students use technology in the classroom, every
keystroke creates a trail of digital information."
And, unfortunately, that information trail isn't mined solely for
educational purposes, despite the Family Educational Rights and
Privacy Act, aka FERPA. On the books since 1974, it was established
"to protect the privacy of student education records and give parents
certain rights with respect to the children's educational records."
Yes, privacy was a concern even before our lives were stored in a so-
called cloud.
And, cautions consultant and writer Laura H. Chapman, "It is not
widely known that in 2009, USDE [U.S. Department of Education]
modified the Family Educational Rights and Privacy Act so that student
data-test scores, health records, learning issues, disciplinary
records-can be used for education studies without parental consent.
Moreover, a 2012 issue brief from USDE outlined a program of data
mining and learning analytics in partnership with commercial
companies."
And so it goes, loopholes and all, which brings us back to Obama's
Student Digital Privacy Act. Though few details have been revealed,
it's apparently modeled on the Student Online Personal Information and
Protection Act (SOPIPA) signed by California's Governor Jerry Brown in
September, 2104. Among its provisions, online educational services
operators are:
"Prohibited from selling and using student data and using such
information to target advertising to students or to 'amass a profile'
on students for a non-educational purpose."
"Required to maintain adequate security procedures and delete
information when requested by a school or district."
On top of all that is the Student Data Privacy Pledge, a project
developed by the Software and Information Industry Association and the
Future of Privacy Forum. Although voluntary, Obama said, "It's the
right thing to do. And if you don't join this effort, then we intend
to make sure that those schools and those parents know you haven't
joined this effort." As a result, more than 100 companies have now
signed on, including such biggies as Microsoft and Amazon.
One major holdout was Google, which didn't take the pledge until last
month. And that's a big deal because Google is so big and now says,
"Protecting the privacy and security of all our users, including
students, is a top priority." The YouTube-based educational Khan
Academy has now also taken the pledge.
By signing on, these companies must keep their privacy practices
transparent, while also vowing...
To be accountable for how they use data pulled from student work.
Not to sell student information beyond what's needed for
educational/school purposes.
Not to use the personal information gleaned for targeted
advertising.
To use student data only for authorized educational purposes.
Not to build personal student profiles except to support
educational needs.
Stay tuned.
The $8 billion educational technology industry says all this fuss is
unnecessary, while others complain that these measures don't go far
enough. That includes countless parents who are concerned about what's
actually being done with such information as their children's
ability/disability status, disciplinary records, preferences, test
performances, and academics.
They want Obama to require that companies directly provide parents
with lists of what they're collecting about their children, how that
information is used to rank and categorize them, and how all that
affects their treatment in school as a result.
Leonie Haimson, executive director of Class Size Matters and co-
founder of Parents Across America, is troubled by the many loopholes
in SOPIPA, which is the basis for Obama's newly proposed Student Data
Privacy Bill. In fact, she goes so far as to say, "We see this as a
very weak proposal, actually, and it doesn't stop a lot of what we are
concerned about... We don't want student information sold for any
reason without parental consent."
Think she's right, or is all this much ado about nothing like some in
the ed tech industry would have us believe?
Carol is a learning specialist who worked with middle school children
and their parents at the Methacton School District in Pennsylvania for
more than 25 years and now supervises student teachers at Gwynedd-
Mercy University and Ursinus College. Along with the booklet, 149
Parenting School-Wise Tips: Intermediate Grades & Up, and numerous
articles in such publications as Teaching Pre-K-8 and Curious Parents,
she has authored three successful learning guidebooks: Getting
School-Wise: A Student Guidebook, Other-Wise and School-Wise: A Parent
Guidebook, and ESL Activities for Every Month of the School Year.
Carol also writes for examiner.com; find her articles at
http://tinyurl.com/1416px. For more information, go to
http://www.schoolwisebooks.com or contact Carol at
carol@schoolwisebooks.com.
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