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

  • UT System Board of Regents Approves $108M Housing Complex

    The University of Texas System Board of Regents recently announced the approval of a new, $108-million housing complex at the University of Texas at El Paso (UTEP), according to a news release. The facility will stand four stories and have a total of 456 new beds for freshmen students.

  • DLR Group Appoints New K–12 Education Practice Leader

    Integrated design firm DLR Group recently announced that it has named its new global K–12 Education leader, Senior Principal Carmen Wyckoff, AIA, LEED AP, according to a news release. Her teams have members in all 36 of the firm’s offices in the U.S., Puerto Rico, the U.S. Virgin Islands, Europe, and Asia.

  • University of Rhode Island, Gilbane Partner for Three New Residence Halls

    The University of Rhode Island in Kingston, R.I., recently announced a public-private partnership with construction development firm Gilbane, according to a news release. Gilbane will soon start construction on three new residence halls with a total of 1,100 beds: two with apartment-style suites in northwest campus, and a reconstruction of the Graduate Village Apartments for graduate students.

  • classroom with crystal ball on top of a desk

    Call for Opinions: Spaces4Learning 2026 Predictions for Educational Facilities

    As 2025 winds to a close, the Spaces4Learning staff is asking its readers—school administrators, architects, engineers, facilities managers, builders, superintendents, designers, vendors, and more—to send us their predictions for educational facilities in 2026.

Digital Edition