NASBE Policy Update Tracks Trends in State Legislative Action on Student Data Privacy

Alexandria, Va. – A surge in state legislation on student data privacy this year has continued to empower state boards of education with authority over student privacy. So far this year, 47 state legislatures have introduced more than 180 bills in total, 16 of which have become law.  In a third of those states, legislators are considering or have succeeded in expanding the already-substantial authority of state boards of education in this arena. A new NASBE Policy Update details the ways in which state legislatures across the country have enhanced protections for student data and expanded the role of state boards in protecting that data.

In Trends in State Legislation on Student Data Privacy, NASBE Director of Education Data and Technology Amelia Vance describes key elements in legislation introduced or passed this year and notes exemplary states:

  • Safeguarding data: Of the 182 bills introduced this session, 111 were aimed at establishing better safeguards for student data collection, use, and disclosure. Arkansas, Georgia, Maryland, Utah, and Virginia are among states that now prohibit third party-vendors from selling personal student data for commercial use.
  • Oversight: Five states introduced legislation creating a chief privacy officer (CPO) to manage statewide education data privacy. In two states, Utah and Virginia, CPOs are responsible for keeping the public informed about data privacy policies and programs.
  • Transparency: Twenty-eight states introduced bills to create public, online lists of the data elements they collect and use. North Dakota and Virginia’s data transparency laws go a step further to ensure educators, parents, and others understand their rights to access and amend student data and how that data will be used and protected.
  • Monitoring and enforcement: Eight bills create fines for privacy violations. Illinois and Connecticut, for example, considered penalties for data misuse and breaches. Kansas legislation would empower the state board of education to notify school districts that are noncompliant, provide support to correct the infraction, and impose penalties on chronic noncompliance. States like New Hampshire and Utah require parental notice of data breaches as a more public means of accountability.
  • Empowering state boards of education: Thirty-seven state boards of education have at least some authority over education data privacy. Fifteen states considered 25 bills addressing their state boards’ roles in protecting student data. States should look to Utah, Georgia, and Alaska for modeling the role that boards can play.

“State legislators have made great strides in resolving questions related to student data privacy without hampering the effective use of online services in the classroom,” Vance writes. “Even in those states that did not directly address the role of state boards, the ongoing legislative push reflects the importance that student, parents, educators, and policymakers throughout the country attach to education data privacy.”

Download and read Trends in State Legislation on Student Data Privacy.

Join us for a webinar later today at 2:00 p.m. EDT as NASBE’s Amelia Vance and Data Quality Campaign’s Rachel Anderson discuss the latest trends in student data privacy legislation.

Learn more about NASBE’s education data privacy project, and read our most recent policy updates and legislative guides on recent federal legislation.

The National Association of State Boards of Education represents America’s state and territorial boards of education. Our principal objectives are to strengthen state leadership in education policymaking, advocate equality of access to educational opportunity, promote excellence in the education of all students, and ensure responsible lay governance of education. Learn more at www.nasbe.org.

Featured

  • Chartwells Launches Campus Dining Evaluation Framework

    Contract food-service management provider Chartwells Higher Education recently announced the launch of BLUEPRINT, according to a news release. The evaluation framework was designed to provide a data-driven and customizable roadmap towards optimizing campus dining services and, by extension, the student experience.

  • University of Arizona Approves New Residence Hall

    The Arizona Board of Regents recently approved plans for a new residence hall at the University of Arizona in Tucson, Ariz., according to a news release. The new facility is scheduled to open in fall 2028 and have the capacity for more than 1,200 students, enforcing a new university expectation that all first-year students live on campus.

  • New City School

    Turning Crisis into Opportunity: Transforming New City School

    When New City School in St. Louis suffered catastrophic flood damage in July 2022, the event could have marked a serious setback for the 100-year-old institution. Instead, it became a forward-looking opportunity.

  • University of Tennessee at Chattanooga Launches New Emergency Communications System

    The University of Tennessee at Chattanooga (UTC) recently deployed a new emergency notification and incident management system for its campus, according to a news release. The university partnered with 911Cellular to launch Safe@UTC, a smartphone app allowing university officials to communicate and respond during emergency situations.