Abstract

http://ssrn.com/abstract=1495743
 


 



Children's Educational Records and Privacy: A Study of Elementary and Secondary School State Reporting Systems


Joel R. Reidenberg


Fordham University School of Law

Jamela Debelak


affiliation not provided to SSRN

Adam Gross


affiliation not provided to SSRN

Lee A. Mayberry


affiliation not provided to SSRN

Judith Simms


affiliation not provided to SSRN

Elizabeth Woodard


affiliation not provided to SSRN


Fordham Law Legal Studies Research Paper No. 1495743

Abstract:     
Following the No Child Left Behind mandate to improve school quality, there has been a growing trend among state departments of education to establish statewide longitudinal databases of personally identifiable information for all K-12 children within a state in order to track progress and change over time. This trend is accompanied by a movement to create uniform data collection systems so that each state’s student data systems are interoperable with one another. This study examines the privacy concerns implicated by these trends. The study reports on the results of a survey of all fifty states and finds that state educational databases across the country ignore key privacy protections for the nation's K-12 children. The study finds that large amounts of personally identifiable data and sensitive personal information about children are stored by the state departments of education in electronic warehouses or for the states by third party vendors. These data warehouses typically lack adequate privacy protections, such as clear access and use restrictions and data retention policies, are often not compliant with the Family Educational Rights and Privacy Act, and leave K-12 children unprotected from data misuse, improper data release, and data breaches. The study provides recommendations for best practices and legislative reform to address these privacy problems.

Number of Pages in PDF File: 87

Keywords: privacy, children, educational records, FERPA, NCLB, No Child Left Behind, longitudinal database

JEL Classification: H52, I00, I2, I28, K10, K32, K42

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Date posted: October 30, 2009 ; Last revised: November 25, 2009

Suggested Citation

Reidenberg, Joel R. and Debelak, Jamela and Gross, Adam and Mayberry, Lee A. and Simms, Judith and Woodard, Elizabeth, Children's Educational Records and Privacy: A Study of Elementary and Secondary School State Reporting Systems. Fordham Law Legal Studies Research Paper No. 1495743. Available at SSRN: http://ssrn.com/abstract=1495743 or http://dx.doi.org/10.2139/ssrn.1495743

Contact Information

Joel R. Reidenberg (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
212-636-6843 (Phone)
212-930-8833 (Fax)
HOME PAGE: http://faculty.fordham.edu/reidenberg
Jamela Debelak
affiliation not provided to SSRN ( email )
Adam Gross
affiliation not provided to SSRN
Lee A. Mayberry
affiliation not provided to SSRN ( email )
Judith Simms
affiliation not provided to SSRN ( email )
Elizabeth Woodard
affiliation not provided to SSRN ( email )
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