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<\/p>\nBy: Zaq Lacy<\/p>\n
<\/p>\n
In many schools around the country, classroom technology made its debut in the early to mid-80\u2019s, in the form of Apple II computer labs and the infamous (but so very nostalgic) words, \u201cYou have died of dysentery,\u201d thanks in large part to the vision of Steve Jobs and his collaboration with the Minnesota Educational Computing Consortium (MECC) to \u201csave the world by putting computing power in the hands of every kid in America.\u201d[1]<\/a> Today, the technology available to enhance the learning experience encompasses nearly every aspect of the classroom, from e-texts,[2]<\/a> to a litany of third-party applications that incorporate social media with cloud-integrated collaboration tools,[3]<\/a> to biometric identification systems used to pay for lunch.[4]<\/a> This technology offers previously unheard-of precision in real-time assessment, allowing teachers to assess learning processes as well as responses.[5]<\/a> Moreover, the use of the technology available today has significant benefits for the classroom and students.[6]<\/a> Despite the benefits, however, there is an increasing concern over the privacy of our students.[7]<\/a><\/p>\n The Family Educational Rights and Privacy Act (FERPA)[8]<\/a> protects the privacy of student education records[9]<\/a> but has become as obsolete as the technology that existed when it was passed 40 years ago.[10]<\/a> As tech companies produce more and more sophisticated software, and integration in the classroom becomes progressively pervasive, so too grows their ability to gather information on the users. Such companies have accumulated immeasurable information on students\u2019 school activities,[11]<\/a> causing some states, such as California, to take legislative steps to address the growing problem,[12]<\/a> which some attorneys feel is the number one problem for schools and new educational technology companies.[13]<\/a> California\u2019s Student Online Personal Information Act (SOPIPA) has served as a model for a number of State legislatures, 15 of which passed similar laws in 2015.[14]<\/a> Despite the progress that is being made, officials still acknowledge that technology is likely to continue to develop faster than legislation, which will create new problems in the future. [15]<\/a> So, for now at least, our students are living with privacy protections that are so three years ago.<\/p>\n <\/p>\n [1]<\/a> See <\/em>Matt Jancer, How You Wound Up Playing The Oregon Train in Computer Class<\/em>, Smithsonian.com (Jul. 22, 2016), https:\/\/www.smithsonianmag.com\/innovation\/how-you-wound-playing-em-oregon-trailem-computer-class-180959851\/.<\/p>\n [2]<\/a> See<\/em> Online Textbooks, Fairfax Cty. Pub. Sch., https:\/\/www.fcps.edu\/online-textbooks (last visited Nov. 2, 2018).<\/p>\n [3]<\/a> See <\/em>Kathy Dyer, The Ultimate List- 65 Digital Tools and Apps to Support Formative Assessment Practices<\/em>, NWEA.org (Jan. 9, 2018), https:\/\/www.nwea.org\/blog\/2018\/the-ultimate-list-65-digital-tools-and-apps-to-support-formative-assessment-practices\/.<\/p>\n [4]<\/a> See <\/em>Natasha Singer, With Tech Taking Over in Schools, Worries Rise<\/em>, N.Y. Times (Sept. 14, 2014),\u00a0 https:\/\/www.nytimes.com\/2014\/09\/15\/technology\/with-tech-taking-over-in-schools-worries-rise.html.<\/p>\n [5]<\/a> See <\/em>Alvin Vista & Esther Care, Education Assessment in the 21st<\/sup> Century: New Technologies<\/em>, BROOKINGS.edu (Feb. 27, 2017), https:\/\/www.brookings.edu\/blog\/education-plus-development\/2017\/02\/27\/education-assessment-in-the-21st-century-new-technologies\/.<\/p>\n [6]<\/a> See <\/em>Jared Keengwe & Grace Onchwari, Technology and Early Childhood Education: A Technology Integration Professional Development Model for Practicing Teachers<\/em>, 37 Early Childhood Educ. J. 209, 210 (2009); see also<\/em> Effects of Technology on Classrooms and Students<\/em>, U.S. Dep\u2019t. of Educ., https:\/\/www2.ed.gov\/pubs\/EdReformStudies\/EdTech\/effectsstudents.html#change (last visited Nov. 2, 2018)<\/p>\n [7]<\/a> See <\/em>Singer, supra <\/em>note 4.<\/p>\n [8]<\/a> 20 U.S.C. \u00a7 1232(g) (2018); 34 C.F.R. \u00a7 99.31 (2018)<\/p>\n [9]<\/a> Family Educational Rights and Privacy Act<\/em>, U.S. Dep\u2019t. of Educ., https:\/\/www2.ed.gov\/policy\/gen\/guid\/fpco\/ferpa\/index.html (last visted Nov. 2, 2018).<\/p>\n [10]<\/a> See <\/em>Singer, supra <\/em>note 4.<\/p>\n [11]<\/a> See id.<\/em><\/p>\n [12]<\/a> Student Online Personal Information Protection Act of 2014, Cal. Bus. & Prof. Code \u00a7\u00a7 22584-22585 (Deering 2014); Early Learning Personal Information Protection Act, Cal. Bus. & Prof. Code \u00a7\u00a7 22586-22587 (Deering 2017).<\/p>\n [13]<\/a> See <\/em>Matthew Johnson, The Top Five Legal Issues for Edtech Startups and Schools<\/em>, Edsurge.com (Apr. 16, 2016).<\/p>\n