Are there laws that protect student privacy online?
Key U.S. Federal Laws
FERPA (Family Educational Rights and Privacy Act) protects the privacy of student education records. It applies to schools that receive federal funding and gives parents rights over their child's records. COPPA (Children's Online Privacy Protection Act) requires parental consent for websites collecting personal information from children under 13. PPRA (Protection of Pupil Rights Amendment) governs surveys, analysis, and evaluations that may collect sensitive information.
These laws have different focuses: FERPA on education records, COPPA on commercial websites, and PPRA on certain types of data collection. They don't cover everything, and enforcement varies. Schools must have policies to comply, and teachers should know their responsibilities.
- FERPA: Protects education records.
- COPPA: Requires parental consent for under 13.
- PPRA: Governs surveys and evaluations.
- State laws may add more protections.
- GDPR: Applies to some international students.
State and International Laws
Many states have passed additional student privacy laws, often stricter than federal ones. For example, California's SOPIPA restricts how edtech companies use student data. Other states have laws on data breaches, online monitoring, and digital citizenship education. Internationally, the GDPR (General Data Protection Regulation) in the EU sets high standards for data privacy and may apply to schools with students in Europe.
Because laws vary by location, teachers should check their district's policies and state guidelines. When using online tools, review their privacy policies and terms of service. Look for certifications like Privacy Shield (now defunct) or state-specific seals. Always get parental consent when required.
- Check your state's specific laws.
- Review edtech tools' privacy policies.
- Look for compliance certifications.
- Obtain parental consent when needed.
- Stay updated on changes in laws.
Common mistakes
- Assuming all online tools are automatically compliant; many are not, and teachers must verify.
- Thinking FERPA covers all student data; it only applies to education records, not everything.
- Ignoring state laws; they can be more stringent and have different requirements.