Since the last update, ESSA negotiated rulemaking wrapped, state legislation has slowed to a trickle, and DQC introduced its vision for data use alongside new policy recommendations. Read more below.

Federal Update

DQC, along with 21 partners (see blogs from iNACOL and Future of Privacy Forum), submitted a letter to Congress requesting more flexibility for states to use some of their SLDS program funds for privacy personnel. It is our hope that this request will help get states the supports they need to implement and support good privacy protections for students and their families.

  • What exactly does the letter say?  The letter asks Congress to make hiring a data privacy professional an allowable use for states with their federal State Longitudinal Data Systems program funds, using an existing set aside within the program (which Congress established several years ago through the appropriations process and has continued on an annual basis). This existing set aside permits funding for staff focused on “data coordination, quality, and use.” This letter asks Congress to add “privacy protection” to these enumerated activities.
  • Why does this issue matter?  As states and the federal government continue to propose laws (including possible amendments to the Family Educational Rights and Privacy Act and the Strengthening Education Through Research Act) to help safeguard student’s data, states also need the internal capacity to properly understand, develop, and implement strong privacy policies and practices. The funding use flexibility proposed in this letter could help states implement and support good privacy protections for their students and their families.

There is no movement on any privacy related legislation in Congress. While there is still interest in the House, the calendar is looking less friendly. We will update you immediately if this changes. 

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State Update

  • States have slowed down in introducing student data privacy legislation. Only 14 states are still in session, with 9 states having year-round sessions. As of yesterday (6/22/2016), we’ve seen 112 student data privacy bills in 34 states. At the same time last year (6/22/2015), we saw 174 bills in 45 states. So far this year, we’ve seen 14 new lawspassed in 11 states(AZ, CT, CO, HI, KS, NC, NH, TN, UT, VA, & WV).
  • Several states have introduced legislation to limit or prohibit the collection of non-academic data by restricting the administration of surveys, prohibiting assessments that collect nonacademic data, or defunding the state’s education data system (SLDS) if it includes any nonacademic data beyond what is required for administrative purposes. At the same time, ESSA now requires states to incorporate nonacademic indicators into their school accountability systems.
  • Here’s a summary of what we’ve seen to date:
    • 32 bills in 17 states are based on CA SOPIPA
    • Most bills focus on legislating third parties, though some would legislate the state’s role in data collection, access, and use. Even fewer bills legislate the LEA’s role in data collection, access, and use.
    • 41 bills would include some type of role for LEAs
    • 21 bills would require a data breach notification
    • Very few bills would seriously inhibit the effective use of student data

In the News

On April 26 DQC released a new vision for student data use, alongside a set of policy recommendations to help states enact policies to make this vision a reality for all students. Our recommendations for policymakers outline four policy priorities:

  • Measure What Matters:  Be clear about what students must achieve and have the data to ensure that all students are on track to succeed.
  • Make Data Use Possible:  Provide teachers and leaders the flexibility, training, and support they need to answer their questions and take action.
  • Be Transparent and Earn Trust:  Ensure that every community understands how its schools and students are doing, why data is valuable, and how it is protected and used.
  • Guarantee Access and Protect Privacy:  Provide teachers and parents timely information on their students and make sure it is kept safe.