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

2. #eddata@EdDataCampaign The Value of Data

3. Why Data Matters to Everyone with a Stake in Education #eddata@EdDataCampaign Parents: “Is my child on track to graduate college and career ready?” Teachers: “How do I know if my students are learning the material? How can I improve my teaching?” School/district administrator: “Are more of our students prepared for college and careers than last year?” Policymakers: “Are the state’s colleges and universities producing enough graduates with the right degrees or skillsets to meet the workforce needs of the state’s employers?” The public: “How are the schools in my community and my state performing?”

4. #eddata@EdDataCampaign The Privacy Conversation

5. #eddata@EdDataCampaign Landscape of Privacy Concerns School-reported student data The scope and type of student data schools collect and the privacy of those data Who is collecting and accessing student data/education records The role of 3 rd party service providers The role of the Assessment Consortia Self-reported student data Protections and use of data collected when teachers and schools use free cloud based tools Protections and use of data collected through school-sanctioned social networking or communication tools

6. Barriers to Addressing Privacy Concerns Lack of communication with parents and the public around the value of data and the systems in place to protect privacy. Information needs and technology are evolving faster than our state policies. *We* are not well-versed in talking (i.e., too much legal jargon) about privacy, security, and confidentiality. Lack of understanding how to address the personal nature of privacy and build trust. #eddata@EdDataCampaign

7. #eddata@EdDataCampaign Education Data Collection

8. Student Education Data Collected by States

9. #eddata@EdDataCampaign Image Source: Louisiana State Board of Elementary and Secondary Education Back in the Day 1990’s Today An Evolution: Collecting, Storing, & Securing Student Data

10. Data Collection Through Student Use of Technology Online Learning Tools (e.g., Edmodo) Students provide basic information (name and username). Student use generates information (e.g., the page requested and other details of activity) needed to tailor and improve services and better personalize learning for the student. One Size Fits All Services (e.g., Google) Users provide basic information (name, email address, phone number). Use use generates information (e.g., local storage data and cookies) needed to tailor content, develop and improve services, and combine personal information collected from other services.

11. Not All Student Data Are Created Equal #eddata@EdDataCampaign Data collected by vendors through online services Data collected by districts State policymakers need to govern all types of data, but differently.

12. #eddata@EdDataCampaign Addressing Privacy Concerns

13. Did You Know That FERPA… Celebrates it’s 40th birthday this year? Was amended in 2013 to allow foster care case workers access to education records? Was most recently clarified in 2008 and 2011? Was strengthened in 2011 with the addition of the Privacy Technical Assistance Center and a Chief Privacy Officer? Only protects PII? Does not address data security? Only covers education records in agencies receiving federal funds? Is just one of several federal privacy bills addressing student data?

14. FERPA

15. Next Steps for Federal Action? Unclear Congress held a hearing on student data privacy and heard these recommendations from three of their panelists:hearing 1.Say yes to privacy and student data. 2.Have teachers sign confidentiality agreements specifying what student data they can share with whom. 3.Conduct a yearly state audit in school districts to see who knows where the data is, who has access to it, what security measures are in place and whether it's safe. 4.Minimize the data that's collected and do not collect Social Security numbers. 5.Encrypt the data that is stored and transferred. 6.Hire chief privacy officers at the state level to help school districts through issues. 7.Update FERPA legislation because it leaves major holes in student data privacy. 8.Do not update FERPA legislation because it adequately protects student data as written with additional guidance from the U.S. Education Department, and new legislation poses the risk of stifling innovation. 9.Pass federal student privacy legislation. 10.Require vendors to keep data secure and private. 11.Review contracts with district solicitors. Panelists: Alliance for Excellent Education, Fordham University School of Law, Software and Information Industry Association

16. Activity in the States: 2013 1 bill passed related to student data privacy in 1 state @EdDataCampaign#eddata

17. Activity in the States: 2014 @EdDataCampaign#eddata 110 36 states bills related to student data privacy in

18. » Provide transparency to ensure parents understand the “who, what, where, how” of data collection/use » Deliver services to demonstrate the value of data: trust is based on relationship and services are the key (e.g., student data backpacks) » Shift the culture around data use by communicating that data is used for continuous improvement; not just accountability/compliance » Support your districts with resources, model policies, tech assistance, guidance, training » Establish 21 st century privacy/security policies that don’t unnecessarily prohibit data from being used in support of student achievement. The State Role #eddata@EdDataCampaign

19. Questions? #eddata@EdDataCampaign

20. Contact Information Paige Kowalski Director, State Policy and Advocacy Paige@DataQualityCampaign.org @paigekowalski DataQualityCampaign.org #eddata@EdDataCampaign

21. #eddata@EdDataCampaign