In the weeks since our last update, details are beginning to emerge from the Elementary and Secondary Education Act (ESEA) conference, Paul Ryan was elected speaker, concerns brew around the video recording of classrooms and—of all the things we never thought we'd say—Donald Trump takes a stance on student data.
On the Campaign Trail
While campaigning in New Hampshire, GOP frontrunner Donald Trump was asked a question that conflated student data with the Common Core State Standards (CCSS). In response, Trump remarked that he opposes CCSS and would reverse the Obama administration’s 2011 FERPA regulations. The article is concerning because it also mentions Rubio’s support for improving postsecondary data infrastructure as a co-sponsor of the Student Right to Know Before You Go Act (SB 915). If this picks up traction, we could see the politics of student privacy enter the presidential campaign.
In an effort to squash lingering confusion surrounding the role data plays in the Common Core, DQC Board Chair and former Washington State Attorney General Rob McKenna penned an op-ed for The Seattle Times expounding the fact that, “Common Core has no impact on how states and schools collect and use student data.”
Federal Update
ESEA is in conference and details are slowly emerging from the negotiations. Here’s what we know:
- Student privacy commission is out. The Hatch/Markey amendment to establish a committee on student privacy policy will not survive conference.
- FERPA is out. FERPA will not be addressed in ESEA reauthorization. We believe we will see a strong push from Chairman Kline’s office to move FERPA legislation in 2016.
- I-TECH is in—but not in its original form. The conference agreement includes the I-TECH program as crafted in the Senate bill. However, please note that the program is now embedded as part of a larger flexible block grant called the Student Support and Academic Enrichment Grant. In other words, ITECH would be an allowable use for districts—among other initiatives—as part of a large (likely $500 million) funding stream. This approach all but guarantees that the program will be funded on an annual basis, given strong Republican support for the block grant.
- As Congress looks ahead from ESEA to The Higher Education Act (HEA), DQC submitted a letter outlining our recommendations and priorities for the next iteration of this important piece of legislation. Perhaps most notably, we advocate for overturning the federal student unit record system ban. In our letter, we point out that as long as the ban is in place, a full conversation about all of the options available to improve the quality of the nation’s postsecondary information cannot happen.
- The National Coalition for Technology in Education & Training held a hill briefing this week—Seizing Opportunity in the Digital Age: Leveraging Professional Development to Protect Student Privacy. A panel of national and local privacy/data experts including a DQC representative discussed the critical role of teachers and schools in safeguarding student data and how we can work to create a culture of privacy awareness and training in education that extends beyond legislation. Check out the hashtag #NCTET for more highlights from the conversation.
State Update
After a whirlwind legislative session in the states, we have nothing new to report since our last update. The count holds at 186 bills in 47 states, and 28 laws in 15 states (see map at top). For more information on what happened in 2015 (and what to expect in the year ahead), check out DQC’s in-depth analysis of student data privacy legislation in the states.