Posted: | March 6, 2023 04:34 PM |
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From: | Senator Amanda M. Cappelletti and Sen. John I. Kane |
To: | All Senate members |
Subject: | Student Online Personal Information Protection Act |
Schools are increasingly integrating computers, laptops, and tablets in the classroom and relying on cloud-computing services for a variety of academic and administrative functions. Through the thoughtful use of technology, schools can enhance student learning and improve school operations. However, the private educational technology companies that provide these tools can collect massive amounts of sensitive data about students, including, for example, health records, disciplinary records, financial status, and online activity. A recent review of policies at 31 Pennsylvania school systems found that only 11 had documented procedures for checking that educational software and applications did not violate student privacy before teachers assigned them to students. Only six school systems could demonstrate that teachers regularly asked for approval to use educational technology tools. Just eight of the 31 school systems offered documentation that they train teachers in procedures to protect student privacy. While all schools and intermediate units do their best to protect sensitive student data, this is a complicated and expensive undertaking. Particularly given the use of third-party educational technology tools, it is not feasible to expect every school district to implement complicated security and safety plans. The federal Family Educational Rights and Privacy Act (FERPA) offers some protections, but several states have enacted laws to strengthen enforcement, close gaps in federal law, and support educational entities in their efforts to keep data safe. Our bill strengthens protections for students using education services technology in various ways, based on the approach in other states and feedback from a wide range of online privacy and education technology experts in Pennsylvania. Our legislation prohibits educational technology providers from selling student data, using information to advertise to students, or creating student profiles for noneducational purposes. We provide support for educational entities by establishing a data security officer within the Department of Education, directing the Department to publicize model policies and contracts, and providing for the use of an online technology platform to safely maintain student data. We hope you will join us in co-sponsoring this legislation to provide much-needed support to schools as they work to protect students and their information in virtual spaces. |
Introduced as SB342