PILOTed

Are you compliant with privacy and security requirements regarding student data?

How would you even know?

Here is a primer, whether you are a teacher, administrator, or service provider.

The goal is to protect student information, student records and student-generated content from unauthorized access, destruction, use, modification or disclosure based on the sensitivity of the data and the risk from unauthorized access. The implementation is a moving target, as the technologies and methodologies often refer to meeting or exceeding

• industry standards,
• the HIPPA Security Rule as amended from time to time, and
• the current guidance and recommendation from Health IT Policy Committee.

Student security applies to any entity that knows that their service is designed, marketed, and used for school purposes. If a student or school is using a product that does not meet these criteria, the privacy laws may not be applicable for that company or that product.

Student information, student records, or student-generated content cannot be used for any purposes that have not been spelled out in a contract, and specifically cannot be used for targeted advertising, and the information cannot be sold, rented, shared, or traded. While a company can advertise, the advertisement cannot be based on any information acquired or access through school purposes.

Student identifiable information cannot be stored for longer than is required based on the educational purposes, and all student generated content is owned by the student and parents.

A supplier can use student identifiable information in order to improve their service.

A suppler can de-identify student information, and use it to improve their product and to demonstrate effectiveness, and it may share de-identified student information to improve their services.

Generally, in case of a breach, the supplier is required to notify the local or regional board of education (and sometimes students and parents) within a specified amount of time, sometimes within 30 days.

Generally, any use of school data or systems must be under contract, and all contracts should include at least the following provisions:

• A statement that student information, student records and student-generated content are not the property of or under the control of a contractor;
• A description of the means by which the local/ regional board of education may request the deletion of student information, records or generated content in the possession of the contractor;
• A statement that the contractor shall not use student information, records and generated content for any purposes other than those authorized pursuant to the contract;
• A description of the procedures by which a student, parent or legal guardian of a student may review personally identifiable information contained in student information, records or generated content and correct erroneous information, if any, in such student record;
• A statement that the contractor shall take actions designed to ensure the security and confidentiality of student information, records and generated content;
• A description of the procedures that a contractor will follow to notify the local/ regional board of education, in accordance with the provisions of section 4 of this act, when there has been an unauthorized release, disclosure or acquisition of student information, records or generated content;
• A statement that student information, records or generated content shall not be retained or available to the contractor upon completion of the contracted services unless a student, parent or legal guardian of a student chooses to establish or maintain an electronic account with the contractor for the purpose of storing student-generated content;
• A statement that the contractor and the local/regional board of education shall ensure compliance with the FERPA of 1974, 20 USC 1232g, as amended from time to time;
• A statement that the laws of the state of Connecticut shall govern the rights and duties of the contractor and the local/regional board of education and
• A statement that if any provision of the contract or the application of the contract is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions/applications of the contract which can be given effect without the invalid provision or application.

If the contract is missing one or more provision, the entire contract might be void.

What should be your take-away?

If you are going to use an applicable product or service, or if you are intending to provide a product or service into schools, you need documentation that

• There are security measures that meet industry standards for use of student data.
• There are security breach notification procedures.
• Uses of any data is limited to approved purposes, especially regarding advertising and marketing strategies.
• Agreements exist with any and all third parties cover the security and privacy requirements of the state.

I want to note that some of the descriptions and language come from the Connecticut Act surrounding student data and privacy.

Real Cool for School

On August 24 (my birthday, by the way)  First Lady Michelle Obama announced ThinkZone Games as the grand prize winner in the Reach Higher Career App Challenge! ThinkZone Games will receive $100,000 and additional sponsor prizes valued at $300,000 for our career exploration mobile app Hats & Ladders.

If you're going to be at the EdNet Conference Sept 25-27, and want to talk about the place of games in our education system, or about Edchat Interactive, or about the education market, contact us.

 

Macys to close 100 stores… What’s that got to do with education?

Macys just recently announced that they are closing 100 of their 700 stores.

Some background:

• Consumer spending is not down, just spending at traditional retail stores
• More people are buying online, where Amazon accounts for 2/3 of all Internet retail sales
• Yes, Amazon sells twice as much as all the other 2 million online retailers combined
• Nothing lasts forever; Macys had a good run, and now it’s got to figure out how to reinvent itself
• The good news from Macys is that they beat analysts’ estimates; sales declined less than they have in previous years. That doesn’t sound too good to me
• When today’s consumers are not purchasing based on price, they look for an experience; brick and mortar stores may need to become more than resellers, they may need to consider how to become destinations

So how does this relate to education?

This is the world our graduates will be entering. Rapid change. Reinventing yourself. Boom and bust. We probably can’t develop those skills in our students if we are teaching to the test. Speaking selfishly, if we want to prepare the next generation so that they can support our retirement, something has to change.

This is the world we are operating in. We’ve seen gut wrenching changes in industry after industry, in market sector after sector. Established institutions brought to their knees. Layoffs. Success for the disrupters. What makes us think we can continue to do the same things we’ve always done in education? One way or another, we’re likely to see the demise of industrial age education. Maybe we all need to update our skills and become change agents.

For those of us who create and distribute content or software to education, our buyers are the same people who are now looking for experiences, otherwise they just buy online based on price. A select few organizations will be large enough to thrive by selling the latest cheapest technology. For the rest of us, we’ve got to make the experience of using our products and services so effective, so easy, and so enjoyable, that schools and teachers keep coming back.

The Education Platforms of the Democrat and Republican Parties, 2016

As we enter the season for our national elections, we should all know the education policies of the two major parties. I’ve culled the following from the Republican Party Platform and the Democratic Party Platform.

I am not commenting on either one. I’ve tried to represent each one fairly.

Republican Party Position on Education

The federal government has no role in Education; the Constitution gives it no role in education. We are working to repeal the numerous federal regulations which have interfered with state and local control of public schools.

Parents have a right to direct their children’s education, care, and upbringing, We support a constitutional amendment to protect that right from interference by states, the federal government, or international bodies such as the United Nations. Parents should be able to choose from options including home-schooling, career and technical education, private or parochial schools, magnet schools, charter schools, online learning, and early-college high schools. Parents should have financing mechanisms such as education savings accounts (ESAs), vouchers, and tuition tax credits. the bulk of federal money through Title I for low-income children and through IDEA for children with special needs should follow the child to whatever school the family thinks will work best for them.

We are opposed to national standards and assessments.

Teachers should be protected against frivolous lawsuits and should be able to take reasonable actions to maintain discipline and order in the classroom.

A good understanding of the Bible is indispensable for the development of an educated citizenry. We want to replace “family planning” programs for teens with sexual risk avoidance education that sets abstinence until marriage as the responsible and respected standard of behavior.

Rigid tenure systems should be replaced with a merit-based approach in order to attract the best talent to the classroom.

The policies and methods that have actually made a difference in student advancement:

1. Choice in education;
2. STEM subjects and phonics;
3. career and technical education;
4. ending social promotions;
5. merit pay for good teachers;
6. classroom discipline;
7. parental involvement; and
8. strong local leadership

Public policy should advance technical institutions, online universities, life-long learning, and workbased learning in the private sector.

Private sector participation in student financing (student loans) should be restored.

Higher Ed accreditation should be decoupled from federal financing, and states should be empowered to allow a wide array of accrediting and credentialing bodies to operate.

Democratic Party Position on Education

Every student should be able to go to college debt-free, and working families should not have to pay any tuition to go to public colleges and universities. We will also make community college free.

Those who currently have student debt will be able to refinance their loans at the lowest rates possible.

Borrowers with student loans will be able to discharge their debts in bankruptcy.

We will continue to crack down on for-profit schools (K12 and Higher Ed).

We will make the investments to provide every family in America access to high-quality childcare and high-quality preschool programs.

We will hold schools, districts, communities, and states accountable for raising achievement levels for all students.

Standardized test scores will be used to inform instruction, not as a basis for refusing to fund schools or to close schools or for teacher and principal evaluations.

We will ensure that teachers receive the tools and ongoing professional development they need to succeed in the classroom.

We will invest in high-quality STEAM classes, community schools, computer science education, arts education, and expand link learning models and career pathways.

We will advocate for labor and public assistance laws that ensure poor parents can spend time with their children

We will expand Title I funding for schools that serve a large number or high concentration of children in poverty.