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

  • Different Starting Points, Same End Goal

    Higher education campuses can enhance student experience by implementing mobile credentials to streamline building access, on-campus payments, and access to other amenities. This enables students to connect to their campuses through the technology they use most: their mobile devices.

  • textured paper collage shows a school building on fire as a fire truck sprays water into the flames

    Why a Fire Loss Is More than Flames

    We've all seen what fire damage can do to a property, but the types of damage building owners often encounter after a fire loss can exceed expectations. Having full awareness of the different forms of damage properties can sustain helps owners respond faster, reduce continued damage, and get back on the road to recovery in short order.

  • Three U.S. Universities Install Acre Security Access Control Platform

    Cloud-native physical and digital security solutions company Acre Security recently announced that it has deployed its access control platform at three major universities in the U.S., according to a news release. Acre partnered with Atrium Campus to provide coverage for more than 69,000 students at the University of Virginia (UVA), George Mason University, and Rockhurst University.

  • UNL Kiewit Hall

    Designing for Engineering Excellence: Integrating Sustainability and Wellness at UNLs Kiewit Hall

    Kiewit Hall at the University of Nebraska-Lincoln exemplifies how academic institutions can integrate sustainability and wellness into modern learning environments. With an integrated and collaborative team approach, Kiewit Hall addresses enhanced learning and creativity, physical health, and mental wellness, and fosters a sense of community through innovative design, operations, and policy solutions.

Digital Edition