For Immediate Release: April 29, 2015
Contact: Renée Rybak Lang, renee.lang@nasbe.org, 703-740-4841
NASBE policy update unpacks new Polis-Messer student data privacy legislation and FERPA discussion draft
Alexandria, Va. – Today Reps. Jared Polis (D-CO) and Luke Messer (R-IN) introduced the Student Digital Privacy and Parental Rights Act (SDPPRA). Earlier this month, Reps. John Kline (R-MN) and Robert “Bobby” Scott (D-VA) circulated a discussion draft of a second piece of federal legislation that seeks to rewrite the Family Educational Rights and Privacy Act (FERPA). Both Polis-Messer and Kline-Scott attempt to fix the insufficient patchwork of laws, rules, and guidance aimed at safeguarding student data without hindering technology use. A new NASBE Policy Update provides an accessible, side-by-side comparison of both pieces of legislation.
“A Tale of Two Federal Student Data Privacy Bills” measures SDPPRA and the FERPA discussion draft across several areas—ease of implementation, transparency, penalties, protection-technology balance, and restrictions on third parties. According to NASBE Director of Education Data and Technology Amelia Vance, SDPPRA would regulate education technology providers in a way that appropriately balances the need for data security with the need to use data to improve instruction, while the FERPA draft has not yet achieved that balance. Vance also notes that both bills neglect a critical area of student data privacy: training and capacity building: “Congress cannot effectively protect student data without investing in building the capacity of teachers, principals, and other stakeholders to use that data safely,” Vance writes. However, Vance also positively notes that both bills respect state authority on this issue by encouraging states to use best practices to suit their unique educational environments: “While neither bill would infringe on states’ or districts’ abilities to pass laws that set a higher bar, a federal law would provide the necessary floor in every state that would ensure the adequate protection of student data.”
Download and read “A Tale of Two Federal Student Data Privacy Bills.”
Student data privacy is a key focus area for NASBE. The organization recently signed onto the statement “Federal Role in Safeguarding Student Data” with 18 other education, privacy, and industry organizations. NASBE is also part of the coalition that created the Student Data Principles, and recently passed a public education position making recommendations for more effective state privacy laws and policies. Learn more about NASBE’s education data privacy project here.
The National Association of State Boards of Education represents America’s state and territorial boards of education. Our principal objectives are to strengthen state leadership in education policymaking, advocate equality of access to educational opportunity, promote excellence in the education of all students, and ensure responsible lay governance of education. Learn more at www.nasbe.org.
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