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Safeguarding Data to Ensure Effective Data Use Paige Kowalski |Director| State Policy & Advocacy April 2014.

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Presentation on theme: "Safeguarding Data to Ensure Effective Data Use Paige Kowalski |Director| State Policy & Advocacy April 2014."— Presentation transcript:

1 Safeguarding Data to Ensure Effective Data Use Paige Kowalski |Director| State Policy & Advocacy April 2014

2 Today’s Agenda Overview: Privacy Concerns and State Landscape – Paige Kowalski, Director of State Policy and Advocacy at DQC Safeguarding Data in Idaho – Senator John Goedde (R-ID), Chairman, Education Committee Policy Guidance and Model Legislation Kate Lipper, Policy and Legal Advisor at EducationCounsel Reg Leichty, Partner at

3 The Goal: Deliver Value to Educators Source: Ms. Bullen’s Data-Rich YearMs. Bullen’s Data-Rich Year

4 Right Data Right Time Right Format Ensure privacy, security, and confidentiality of student data throughout. The Task: Support Data Use & Protect Privacy

5 The Family Educational Rights and Privacy Act (FERPA) »Protects student privacy by limiting the disclosure of student records by educational agencies and institutions that receive funds from the U.S. Department of Education.

6 Image Source: Louisiana State Board of Elementary and Secondary Education Back in the Day 1990’s Today An Evolution: Collecting, Storing, & Securing Data

7 We’ve seen a number of myths and fears arise about The scope and type of student data collected and the privacy of those data Who is collecting and accessing student data The role of 3 rd party service providers Emerging concerns reflect a broadening of the conversation Teachers and schools are using cloud based and other free tools; Students are using school-sanctioned social networking or communication tools

8 The Next Step: Strengthen Communications & Privacy Policies

9 » Ensure parents and educators find value in the data that is collected and understand the “who, what, where, and when” of data collection and use. » Communicate with stakeholders, at every opportunity, to dispel myths and clarify the value of data to teaching, learning, and decision making. » Promote, enact and continuously review and update privacy, security, and confidentiality policies that are proactive and constructive rather than prohibitive. States Must:

10 State Legislation in 2014 » 83 bills from 32 states » More are already being drafted » 62 bills have taken a prohibitive approach » NY AB 8929: Allows parents to opt-out of having their child's PII shared with any third party NY AB 8929 » OK HB 2911: Prevents any cross-agency data links and defunds the SLDS OK HB 2911 » 33 bills have taken a governance/transparency/accountability approach » WV HB 4316: Describes state, district, and school privacy responsibilities and establishes data sharing governance WV HB 4316 » TN SB 1470: Requires a public data inventory and a comprehensive privacy policy TN SB 1470 » The approaches are not mutually

11 Other State Actions » Executive Orders » Georgia: Affirmed prohibitions on sending PII to the federal government. Georgia » Maine: Affirmed commitment to student privacy rights. Maine » Iowa: Confirmed the state DOE provides only aggregated student- level data to the federal government. Iowa: » State Board Actions » Louisiana: Created a task force to validate data storage, security, and sharing practices at the district and state levels. Louisiana » Alabama: Passed a policy to ensure that all state education data are collected, managed, and used in secure ways. Alabama » West Virginia: Submitted an amendment requiring transparency about data collection, governance, and parent compliant procedures. West

12 Interactive guide to data: a succinct infographic tool explaining what data are, how they help, and what various stakeholders (parents, teachers, etc.) can do with themInteractive guide to data Ms. Bullen's Data-Rich Year: an infographic that follows a teacher and student through the school year to see how data help teachers, parents, and others make sure students are meeting education goals.Ms. Bullen's Data-Rich Year DQC’s Annual Report: information from the Data for Action survey on how states are using data and what they must do to improveDQC’s Annual Report Communicating Data toolkit: language and tools to help you better talk to peers, press, and the public about data and meeting education goalsCommunicating Data toolkit What Every Parent Should Be Asking about Education Data and Privacy: created with the National PTA, offers parents critical questions they should be asking their children's educators about the value of education data and how student privacy is ensuredWhat Every Parent Should Be Asking about Education Data and Privacy Why Data Matter Myth Busters: Getting the Facts Straight about Education Data: addresses myths related to data and Common Core, vendors and corporations, and what the federal government collectsMyth Busters: Getting the Facts Straight about Education Data Talking about the Facts of Education Data with Policymakers: addresses critical questions for policymakers on myths around the federal role in data, selling data, and what is collectedTalking about the Facts of Education Data with Policymakers Debunking Data Myths Safeguarding Data: Strategies state policymakers can pursue to support effective data useSafeguarding Data Privacy, Security, and Confidentiality: DQC’s action issue page with information on how states can safeguard data and many additional resourcesPrivacy, Security, and Confidentiality Supporting Data Use While Protecting the Privacy, Security and Confidentiality of Student Information: a primer for state policymakersSupporting Data Use While Protecting the Privacy, Security and Confidentiality of Student Information Complying with FERPA and Other Federal Privacy and Security Laws and Maximizing Appropriate Data Use EducationCounsel’s Key Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Model language and privacy policy guidance from education law expertsKey Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Protecting Data

13 Senator John Goedde (R-ID) Chairman, Education Committee Safeguarding Data in Idaho

14 Foundational Elements of a State Data Privacy and Security Policy Privacy What personally identifiable information ("PII") is collected? To whom can student PII be disclosed (for what purposes)? Security How is student PII appropriately safeguarded with administrative, physical, and technical protections? 14 Privacy and Security: Related but Different

15 Foundational Elements of a State Data Privacy and Security Policy 1.Statement of the policy/law's purposes 2.Selection of a state leader and advisory board 3.Establishment of public data inventory and description of data elements 4.Strategies for transparency about data use, storage, retention, destruction, and protection 5.Statewide policies governing personally identifiable information 6.Statewide data security plan 15 Key Elements of Statewide Law/Policy

16 Foundational Elements of a State Data Privacy and Security Policy 1.EducationCounsel, Key Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Guidance for State PolicymakersKey Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Guidance for State Policymakers a.State Legislation/Policy Checklist b.Model Legislative Language 2.PTAC, U.S. Department of Education, Protecting Student Privacy While Using Online Educational Services: Requirements and Best PracticesProtecting Student Privacy While Using Online Educational Services: Requirements and Best Practices 3.CoSN, Protecting Privacy in Connected Learning Toolkit: Considerations when Choosing an Online Service Provider for Your School SystemProtecting Privacy in Connected Learning Toolkit: Considerations when Choosing an Online Service Provider for Your School System 16 Tools You Can Use

17 Foundational Elements of a State Data Privacy and Security Policy 17 Tools You Can Use: 1a. State Legislation/Policy Checklist

18 Questions?


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