The State Privacy Wave: Ohio Joins Growing Movement to Protect Student Data
Bills like Ohio SB 29 offer students very rigorous privacy protections: What are the consequences for AI integration and implementation in today's classrooms?
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As states take the lead in strengthening student privacy protections, Ohio's Senate Bill 29 joins a growing movement of state-level legislation addressing digital privacy in education. This trend reflects increasing awareness that FERPA's federal framework needs state-level reinforcement for the modern educational technology landscape.
Check out this US State Legislation Privacy Tracker created and maintained by the International Association of Privacy Professionals (IAPP). N.B.: Focuses only on personal use.
The State Privacy Movement
California's Leadership
California's Student Online Personal Information Protection Act (SOPIPA) set an early benchmark (2014), prohibiting operators of websites and apps from using K-12 student data for targeted advertising or creating student profiles for non-educational purposes. The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) added additional layers of protection for student data.
Virginia's Comprehensive Approach
The Virginia Student Privacy Act (2017)requires operators to maintain security procedures, limit employee access to student data, and prohibits using student data for targeted advertising. Like Ohio's new law, Virginia requires prompt deletion of student data upon contract termination.
Illinois' Strict Standards
Illinois' Student Online Personal Protection Act (SOPPA) (2021) shares similarities with Ohio's SB29, particularly in its requirements for:
Annual privacy notifications
Vendor contract transparency
Restrictions on data use for commercial purposes
Breach notification requirements
Ohio's Distinct Contributions
Against this backdrop, Ohio's SB29 introduces several unique elements:
Protected Support Services Data Ohio's new category of "educational support services data" specifically protecting equity program data is a novel addition to the privacy landscape.
Explicit Device Monitoring Limits While other states regulate data collection, Ohio's specific restrictions on device monitoring features are unusually detailed.
72-Hour Notification Requirement Ohio's quick notification requirement for monitoring instances sets a new standard for transparency.
Implications for AI in Education
The surge in state privacy legislation arrives at a pivotal moment in AI's expansion into education. While these laws don't explicitly address artificial intelligence, they shape how AI tools can operate in schools.
Most state laws, including Ohio's, preserve the ability to use anonymized, aggregate data for service improvement. This creates a narrow but viable pathway for AI development: companies can learn from broad usage patterns while respecting individual privacy. However, personalized AI learning systems must operate within strict boundaries, using only current, necessary data with clear educational purposes.
The device monitoring limitations pose particular challenges for AI-powered learning analytics. Common features like keystroke analysis and engagement tracking now require explicit educational justification and advance notice. This doesn't prohibit these tools, but it demands thoughtful implementation and clear communication with families.
Ohio's special protection for "educational support services data" adds another layer of consideration. While AI might help identify and address educational disparities, the law's strict protection of this data means systems must be carefully designed to support equity goals without compromising student privacy.
The message is clear: successful AI tools in education will need to deliver value while minimizing data collection and maximizing transparency.
Common Themes Emerging Across States
The wave of state privacy legislation reflects a fundamental shift in how we think about student data protection. Local control emerges as a central principle, with states increasingly recognizing that districts, not vendors, should maintain primary authority over student information. This manifests in requirements for district ownership of educational records and oversight of technology contracts, pushing schools to take a more active role in data governance.
Transparency has become another cornerstone of these laws. States are moving beyond simple notification requirements to demand meaningful disclosure to parents. Ohio's 72-hour notification requirement for monitoring represents the leading edge of this trend, but it's part of a broader movement toward keeping families informed and involved in decisions about their children's data.
Commercial restrictions form the third pillar of these protections. Legislators have clearly heard concerns about the commercialization of student data, responding with robust restrictions on how companies can use this information. While states generally allow vendors to use aggregate data for product improvement, they've drawn clear lines against marketing use, profile creation, and targeted advertising.
Looking Forward
The trend of state-level student privacy legislation shows no signs of slowing. Several states are currently considering similar measures:
Washington State is developing comprehensive privacy legislation that includes specific provisions for student data
Colorado is expanding its existing student data privacy framework
Florida is considering enhanced protections for student device monitoring
Nick Potkalitsky, Ph.D.
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Interesting read, and encouraging - but I have to ask, wonder how much of this goes away with the new administrations reported distaste for just about any and all regulations in AI (as elsewhere).