STUDENT Data PRIVACY

We are excited about the growing body of free and low-cost apps that our teachers are using to support student learning. We believe in technology as a positive and enabling force for student engagement and outcomes, and we encourage the creative use of technology to support student learning. We realize that the educational software market is evolving rapidly. We also recognize that teachers want to creatively use additional technology tools in support of student engagement and student outcomes, and we support these efforts.

We also have a responsibility to protect our students’ data. We encourage the use of our centrally supported and approved software tools to ensure that student data is appropriately protected. District-supported and approved tools are those for which we have evaluated terms of service to ensure, among other things, the appropriate protections for the privacy of our students’ data.

For a list of approved applications, please visit:

• AISD Approved Apps & Extensions

• AISD Approved Computer Software

• Request a resource to be evaluated in Eduphoria FormSpace

Student Use of Apps Flow Chart

Common Sense Media - Resource used to evaluate student data privacy compliance

The Educator's Guide to Student Data Privacy

Related Terminology

• Student Personally Identifiable Information (Student PII or SPII): Information that, alone or in combination, personally identifies an individual student or the student's parent/family, and that is collected, maintained, generated, or inferred by a public education entity, either directly or through a school service, or by a school service contract provider or school service on-demand provider

• School Service: An internet website, online service, online application that - (i) is designed and marketed primarily for use in a preschool, elementary school, or secondary school; (ii) is used at the direction of teachers or other employees of a LEP; and (iii) collects, maintains, or uses Student PII

• Sensitive Student Data: Includes but is not limited to: first/last name, DOB, email address, home address, phone number, social security number, test results, special education/programs data, grades, medical records, text messages, documents, student ID number, search activity, demographic information, and geographical information

Request a resource to be evaluated in Eduphoria FormSpace

Evaluation Process

To remain compliant with federal laws including COPPA, HB2085, CIPA, and FERPA, also, to protect the privacy of your students’ data, please contact the Digital Coaching Department about obtaining the required parental consent. All consent materials have to be documented in the Student Information System.

View pages 46-58 of the Student Code of Conduct

Responsible Use Guidelines (RUG) are adopted into the Student Code of Conduct which provides students, parents, teachers, and administrators with acceptable use of technology resources within the district.

There are several laws that dictate how schools and teachers handle student data.

Federal

FERPA :: The Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 C.F.R. Part 99) is a Federal law that protects the privacy of student education records. The law applies to all entities that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.” Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Parents or eligible students also have the right to request that a school correct records which they believe to be inaccurate or misleading.

COPPA :: The Children's Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) is a federal law governed by the Federal Trade Commission (“FTC”) that controls what information may be collected from children under the age of 13 by companies operating websites and mobile applications. (15 U.S.C. § 6501, et seq.) COPPA requires companies to post a clear privacy policy on their website or mobile application, provide notice to parents, and obtain parental consent before collecting personal information from children under the age of 13. Under COPPA, school districts1 are authorized to provide consent on behalf of parents and may approve a student’s use of an educational program. An LEA’s ability to consent on a parent’s behalf is strictly limited to the educational context. That is, an LEA may only consent on the parent’s behalf if the personal information collected is used strictly for educational purposes and not for any commercial purpose. Additionally, the FTC recommends that an LEA provide notice on its website identifying all of the websites and applications for which the LEA has provided consent on a student’s behalf.

CIPA :: The Children's Internet Protection Act

The Children’s Internet Protection Act (“CIPA”) is a federal law enacted to address concerns regarding children’s access to obscene or harmful content over the Internet. CIPA imposes requirements on LEAs that receive discounts for Internet access or internal connections through the federal E-rate program. In order to receive E-rate funding, LEAs must certify that they have in place an Internet safety policy that includes certain technology protection measures.

PPRA :: The Protection of Pupil Rights Amendment

The Protection of Pupil Rights Amendment (PPRA) outlines restrictions for the process when students might be asked for information as part of federally funded surveys or evaluations.

See this article from Common Sense Education on Student Privacy

Texas House Bill 2087

The Student Privacy Act protects students’ personally identifiable information used in connection with websites, online services, online applications, or mobile applications for a school purpose. The Act takes effect September 1, 2017. It is directed at “operators” meaning the operators of websites, online services, online applications, or mobile applications who have actual knowledge that the platform is used primarily for a school purpose and was designed and marketed for a school purpose. (Tex. Educ. Code § 32.151(3)).

Covered Information

“Covered information” means personally identifiable information (“PII”) or information linked to PII that is not publicly available and is:

1. created or provided to an operator by a student or student’s parent in the course of the student’s or parent’s use of the operator’s website, online service, online application, or mobile application for a school purpose;

2. created by or provided to an operator by a school district or campus employee for a school purpose; or

3. gathered by an operator through the operation of the website, online service, online application, or mobile application for a school purpose and personally identifies a student. (Tex. Educ. Code § 32.151).

The Act provides examples of this type of information, including discipline records, health records, biometric information, disabilities, food purchases, and geolocation information. (Id.)

Prohibitions

The Act prohibits the operator of a website, online service, online application, or mobile application from engaging in targeted advertising if the target of the advertising is based on information the operator acquired through the use of those platforms for a school purpose. (Tex. Educ. Code § 32.152(1)). Operators are also prohibited from using information to create a profile about a student, unless the profile is created for a school purpose. (Tex. Educ. Code § 32.152(2)). Operators also cannot sell or rent any student’s covered information. (Tex. Educ. § 32.152(3)).

Allowed Uses and Disclosures

The Act sets forth many allowed uses and disclosures of covered information, which primarily focus on educational uses and improvement of the educational resources. Disclosures are allowed, for example, to further a school purpose, ensure legal compliance, protect against liability, respond to or participate in the judicial process, and protect the safety or integrity of users or the platform itself. (Tex. Educ. Code § 32.153). Additionally, an operator can use covered information to improve educational products or demonstrate the effectiveness of the products if the information is not associated with an identified student. (Tex. Educ. Code § 32.154).