School & District Management

Are Student-Privacy Laws Getting in the Way of Education Research?

By Sarah D. Sparks — August 11, 2017 4 min read
  • Save to favorites
  • Print

Education research can be a high-wire act between districts and researchers, balancing the need for straightforward access to data—and frank conversations about study results—with protection of student and teacher privacy.

If Louisiana’s two-year-old privacy law is anything to go on, that balancing act may get a lot trickier for researchers as states move to protect student data. That’s according to researchers speaking at a symposium at the National Center for Education Statistics annual meeting in Washington recently. Considered one of the strictest in the country, Louisiana’s law bars school districts from sharing nearly all personally identifiable information for students without a data-sharing contract or written consent from a student’s parent or guardian. The law imposes personal penalties of up to $10,000 or six months in jail for staff or researchers who share data improperly.

The law arose out of “real concern among parents” not just that student data would be released, but of how the state and federal government and even private researchers might use it. “There’s a real fear of us [at the state education department] and of researchers,” said Kim Nesmith, the data governance and privacy director for the state, at the symposium.

Louisiana’s state education agency no longer directly collects individual student data. Instead, districts now report accountability and other student data to a data management company, eScholar, which provides the masked data to the state agency. The firm created and issued more than 700,000 new identification numbers in five months, and has updated five years of historic student data since the law went into effect in 2015.

In the meantime, the state has focused on training for school districts and more outreach to parents about the existing protections for student data.

“Having data governance that balances privacy and transparency is not for sissies; it’s tough, really tough, work,” Nesmith said. “I hate that [the data privacy law] is scary, because it causes people to be afraid and overreact, but it’s good because I don’t have to fight to prove the importance of [student privacy and data governance.]”

State Concerns

Since 2013, “we’ve had the landscape completely shift” with regard to state approaches to data privacy, according to Amelia Vance, education policy counsel for the nonprofit Future of Privacy Forum. Thirty-nine states have passed new laws dealing with student data privacy, with nearly two dozen that affect K-12 or early-childhood data. In an analysis of both the bills introduced and laws passed during that time, the forum found only about 1 in 5 focused on training staff to secure data; often many were introduced without input from researchers or district data experts. “You’ve seen a lot of laws that react to the political zeitgeist more than respond to concrete privacy concerns,” Vance said.

See Also

Read Education Week‘s 2015 report on data sharing and student privacy:

Some of the most stringent laws, Vance said, “tend to incentivize, instead of really good data practices, they incentivize doing nothing with data at all.”

That has left educators and researchers to figure out workarounds for systems that don’t always gel with modern, data-intensive education systems.

Working Within Limits

For example, the Pelican State uses a broad definition of personal information—basically, any information that could be used on its own or with another piece of information to trace an individual’s identity, including a Social Security number, date of birth, medical or financial information, education achievement or transcripts over time, and even biometric information like height or weight. The law also requires that all personally identifiable data from Louisiana students remain physically in the state.

“It certainly raised some challenges,” said Patrick Wolfe, a professor of education policy and a chair in school choice at the University of Arkansas who has studied Louisiana school choice issues since 2013, before the privacy law passed.

“Of all the states I’ve worked in ... Louisiana has the most strict education-data-access law that I’ve seen so far. It does basically mean you have to do more planning at the front end.”

For example, in one ongoing evaluation of the state’s voucher program, Wolfe had only a single week to analyze school data at a secure facility in Metairie, La. That analysis led to follow-up questions, which he had to do long-distance with help from a locally based Tulane University graduate researcher. “It’s a little tricky writing computer code when you can’t see the data you are writing for,” he said.

Wolfe continues to study Louisiana, but Nesmith said the law has had somewhat of a chilling effect on researchers working there.

“It just adds time and cost to research when you have to find workarounds to state laws like Louisiana’s,” Wolfe said. “You can still do solid research within the law as it stands. ... As an academic researcher I just wish they made it easier for us.”

One recent attempt to create flexibility for education researchers to use student data under the law passed the state legislature, but was vetoed by the governor.

A version of this article appeared in the August 23, 2017 edition of Education Week as Is La.’s Strict Student-Privacy Law Chilling Research Efforts?

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Families & the Community Webinar
Beyond the Classroom: Extending High-Quality Instruction Into the Home
Your curriculum doesn't have to stop at the classroom door. See how two districts bring families into PreK–3 learning.
Content provided by TalkingPoints
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Profession Webinar
Evaluation Beyond the Checkbox: Turning Ratings Into Teacher Growth
Ratings alone don’t help teachers improve. Join us Nov. 10 to hear what happens after the evaluation: feedback, follow-up, and growth.
Content provided by Frontline Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management Schools Crack Down on Energy Drinks as Health Experts Sound the Alarm
High caffeine intake is linked to anxiety and energy crashes later in the day that can interfere with learning.
3 min read
Prime energy drinks are displayed with other energy drinks at a grocery store, Friday, March 24, 2023 in Detroit.
Energy drinks are displayed at a grocery store on March 24, 2023, in Detroit. Some schools have banned students from consuming energy drinks on campus amid concerns about how high caffeine intake can affect children.
Carlos Osorio/AP
School & District Management From Our Research Center Fake AI Images Are Targeting Students and Teachers. Schools Aren't Prepared
New data show that many educators aren't well-versed on the risk of deepfakes.
5 min read
In this photo illustration, a teenager uses her mobile phone to access social media on January 31, 2024 in New York City. Technology executives appeared at a Senate hearing to address accusations that their companies are endangering children's lives by not adequately policing predators and others who seek to harm and exploit young social media users.
In this photo illustration, a teenager uses her mobile phone to access social media on Jan. 31, 2024 in New York City. Experts say schools need specific policies for AI-generated "deepfakes."
Spencer Platt/Getty Images
School & District Management Opinion Why I Challenged 60 Ed. Leaders to Endure a Student’s Fragmented School Day
One question changed how I think about my school’s master schedule.
Eric R. Mace
•
5 min read
A student figure meanders around a fragmented school day.
Vanessa Solis/Education Week + Getty
School & District Management Spotlight Planning Smarter School Environments: From Budgets and Accessibility to Technology and Design
See how schools are connecting physical spaces, digital tools, accessibility, and smarter planning to shape learning environments.