- Copyright Page
- About the Editor
- About the Contributors
- The Role of Lawyers in Education Reform
- Education in Context: Schools and Their Connections to Societal Inequalities
- Schooling for Democracy: Past, Present, and Future
- The Constitutionally Anomalous Right to Education
- Developing the Free Mind
- The Shifting Landscape of Education Governance
- Education Federalism: Why It Matters and How the United States Should Restructure It
- Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-Giving, and Agency Accountability
- How States Fund Education
- State Constitutional Analysis in School Finance Litigation
- Standards-based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
- Contested Meanings of Equality: The Unrealized Promise of the Anti-Discrimination Principle and the Uncertain Future of a Right to Education
- The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K–12 Schools
- The Muddled Distinction Between De Jure and De Facto Segregation
- School District Boundaries: Consequences and Challenges
- The School-to-Prison Pipeline: How Federal Anti-Discrimination Law Fails to Protect Equal Educational Opportunity
- Closing Achievement Gaps through Socioeconomic Integration
- Educating English Learners
- Challenges Facing Immigrant Students
- Sex Discrimination and the Transformation of U.S. Education
- Transgender and Gender Expansive Students
- Students with Disabilities: A Half-Century of Progress
- Students with Disabilities and School Choice
- Least Restrictive Environment and the Education of Children with Disabilities
- Students’ Individual Rights Safety and Privacy
- Surveillance and Security Practices in Schools
- Student Privacy and the Law in the Internet Age
- Eighty Years of Students’ Free Speech in Public Schools
- School Jurisdiction over Online Speech
- Religion in the Schools
- School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
- Education in Virtual Environments
- Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and “School Choice”
- Parental Choice and the Future of Faith-based Schools
- Teacher Labor Market Reforms: A Look Ahead to the Next Decade
- Racial and Ethnic Equity in American Public Schools: Looking Ahead
- Equality, Liberty, and Education
Abstract and Keywords
New types of digital technologies and new ways of using them are heavily impacting young people’s learning environments and creating intense pressure points on the “pre-digital” framework of student privacy. This chapter offers a high-level mapping of the federal legal landscape in the United States created by the “big three” federal privacy statutes—the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and the Protection of Pupil Rights Amendment (PPRA)—in the context of student privacy and the ongoing digital transformation of formal learning environments (“schools”). Fissures are emerging around key student privacy issues such as: what are the key data privacy risk factors as digital technologies are adopted in learning environments; which decision makers are best positioned to determine whether, when, why, and with whom students’ data should be shared outside the school environment; what types of data may be unregulated by privacy law and what additional safeguards might be required; and what role privacy law and ethics serve as we seek to bolster related values, such as equity, agency, and autonomy, to support youth and their pathways. These and similar intersections at which the current federal legal framework is ambiguous or inadequate pose challenges for key stakeholders. This chapter proposes that a “blended” governance approach, which draws from technology-based, market-based, and human-centered privacy protection and empowerment mechanisms and seeks to bolster legal safeguards that need to be strengthen in parallel, offers an essential toolkit to find creative, nimble, and effective multistakeholder solutions.
Leah Plunkett is Associate Dean for Administration, Associate Professor of Legal Skills, and Director of Academic Success at the University of New Hampshire Franklin Pierce School of Law; and Faculty Affiliate at the Berkman Klein Center for Internet & Society at Harvard University. She focuses on digital education innovation and regulatory compliance. Leah conducts research on how children, families, and schools engage with new and emerging digital technologies, as well as its impact on privacy and equity.
Urs Gasser is Professor of Practice and Executive Director of the Berkman Klein Center for Internet & Society at Harvard University. His focus is on information law, policy, and society issues. He has published many articles in law reviews and co-authored several books, including Born Digital: How Children Grow Up in a Digital Age (Basic Books, 2016, with John Palfrey), Interop: The Promise and Perils of Highly Interconnected Systems (Basic Books, 2012, with John Palfrey), Remembering and Forgetting in the Digital Age (Springer, 2018, Co-Author) and Big Data, Health Law, and Bioethics (Cambridge U. Press, 2018, Co-Editor).
Sandra Cortesi is a Fellow at the Berkman Klein Center for Internet & Society at Harvard University and the Director of Youth and Media. She is responsible for coordinating the Youth and Media’s policy, research, and educational initiatives. At Youth and Media Sandra works closely with talented young people and lead researchers in the field as they look into innovative ways to approach social challenges in the digital world. Her topics of scholarship include inequitable access, information quality, risks to safety and privacy, skills and digital literacy, and spaces for participation.
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