Tracking Federal & State Privacy Laws – Updates on FERPA, COPPA, PPRA, CIPA, and New State-Level Regulations Affecting Student Data
Student data privacy is governed by a complex and evolving set of federal and state laws that aim to protect students from data misuse while allowing for innovation in education technology. Schools, vendors, and policymakers must stay informed of legal updates to ensure compliance and strengthen data protection measures. The National Student Data Privacy Association (NSDPA) provides ongoing tracking and analysis of federal and state-level privacy regulations to help educational institutions and vendors navigate changes effectively.
Below is an overview of the latest updates on key federal privacy laws—including FERPA, COPPA, PPRA, and CIPA—as well as recent state-specific regulations that impact student data privacy.
Federal Privacy Laws Impacting Student Data
Family Educational Rights and Privacy Act (FERPA)
FERPA remains the cornerstone of student data privacy at the federal level. It grants parents and eligible students the right to access and control educational records while restricting the disclosure of personally identifiable information (PII) without consent.
Latest Updates:
Increased focus on third-party data sharing policies, particularly regarding cloud-based EdTech providers.
Proposed changes to strengthen parental consent requirements for student record access by external organizations.
Guidance on educational research exemptions, clarifying what data can be used for studies without parental consent.
COPPA governs how online services and EdTech providers collect and handle data from children under 13. Schools can consent on behalf of parents when using educational technology, but vendors must still comply with strict data protection requirements.
Latest Updates:
The Federal Trade Commission (FTC) is considering expanding COPPA to include stronger data minimization requirements for EdTech providers.
Recent enforcement actions against EdTech companies violating COPPA have led to increased scrutiny on consent mechanisms and data retention policies.
Potential new rules requiring transparency on how student behavioral data is used in AI-driven education tools.
PPRA regulates the collection of sensitive student information through surveys, psychological evaluations, and federally funded research. Schools must obtain parental consent before collecting information on topics such as political beliefs, mental health, and religious affiliations.
Latest Updates:
Recent discussions on expanding PPRA protections to include AI-driven student assessments.
Proposed legislation to increase parental notification requirements before student data is collected for research.
Greater scrutiny on how social-emotional learning (SEL) programs handle student data under PPRA regulations.
CIPA applies to schools and libraries that receive federal E-Rate funding and requires them to implement internet safety policies to block harmful content and protect minors online.
Latest Updates:
New cybersecurity requirements for schools using federal funds, including enhanced firewall and monitoring expectations.
Increased emphasis on digital literacy education, ensuring students are aware of online risks and privacy settings.
Federal funding incentives for schools to upgrade filtering and monitoring software to comply with CIPA standards.
In addition to federal regulations, many states have enacted or updated their own student privacy laws. Some of the most recent developments include:
California: Strengthening SOPIPA (Student Online Personal Information Protection Act) to further restrict data collection and third-party sharing.
Illinois: New Student Online Personal Protection Act (SOPPA) amendments requiring greater parental notification and vendor transparency.
New York: Expanded Education Law §2-d, imposing stricter vendor security requirements and breach reporting timelines.
Colorado: Enhanced student privacy rules, banning targeted advertising using student data collected through learning management systems.
Virginia: New student data protection requirements under the Consumer Data Protection Act (CDPA), making vendors more accountable for data usage and retention.
How NSDPA Tracks Privacy Law Changes
NSDPA actively monitors federal and state legislative updates to ensure that schools, vendors, and policymakers remain informed about compliance requirements. By tracking emerging privacy laws, providing legal analysis, and offering guidance, NSDPA helps stakeholders navigate the rapidly changing student data privacy landscape.
Stay Updated with NSDPA
NSDPA offers resources to help stakeholders stay ahead of privacy law changes:
Regular privacy law briefings and updates.
Webinars featuring privacy policy experts and legal analysts.
Compliance guides and customized legal checklists for schools and vendors.
Advocacy efforts aimed at shaping student privacy legislation.
Ensure Your Compliance Today
Student data privacy laws continue to evolve—stay informed and compliant with NSDPA’s resources. Sign up for our privacy law updates, join a working group, or consult with our privacy experts to ensure your organization is meeting the latest standards.
Recent & Proposed Legislation – Overview of Key Bills in Congress and State Legislatures That Impact Student Data Privacy
As digital learning expands, lawmakers at the federal and state levels continue to introduce and update legislation aimed at enhancing student data privacy protections. These legislative efforts focus on strengthening compliance requirements, restricting the misuse of student data, and ensuring greater transparency from EdTech vendors. Understanding recent and proposed legislation is crucial for schools, vendors, and policymakers to maintain compliance and advocate for stronger protections.
The National Student Data Privacy Association (NSDPA) closely monitors key privacy bills in Congress and state legislatures to keep stakeholders informed about new regulations, enforcement mechanisms, and privacy best practices. Below is an overview of recent and proposed laws that directly impact student data privacy.
Federal Student Data Privacy Bills
1. Student Digital Privacy Act (Proposed)
A reintroduced version of earlier efforts to expand federal student privacy protections, this proposed bill aims to:
Prohibit EdTech vendors from selling or commercializing student data.
Limit data retention periods for vendors, ensuring student records are deleted when no longer needed.
Strengthen parental rights regarding access, correction, and deletion of student data.
Require vendors to implement stronger security measures, including data encryption and breach notification mandates.
2. Children and Teens’ Online Privacy Protection Act (COPPA 2.0) (Proposed)
An update to COPPA, this proposed bill raises the age threshold for online privacy protections from 13 to 16 years old and imposes stricter requirements on EdTech vendors and online platforms used by students. Key provisions include:
Requiring explicit opt-in parental consent for student data collection.
Expanding protections to teens aged 13–16, restricting data tracking and profiling.
Increasing FTC enforcement power to impose fines on violating platforms.
This bill aims to limit how federal agencies collect and share student data. It prohibits third-party organizations from accessing educational records without parental or institutional consent and seeks to increase transparency on government-held student data.
Many states have introduced or passed student data privacy laws that go beyond federal protections. These laws often focus on vendor accountability, parental rights, and school district compliance requirements. Some of the most impactful state laws include:
1. California – Strengthening SOPIPA (Student Online Personal Information Protection Act)
Expands restrictions on third-party data sharing by EdTech vendors.
Requires vendor risk assessments for schools adopting new educational technology tools.
Mandates annual security audits for vendors handling sensitive student information.
How NSDPA Helps Schools and Vendors Navigate Legislation
With privacy laws constantly evolving, schools and vendors must stay informed about compliance obligations. NSDPA provides tracking and analysis of new and pending legislation to ensure that education stakeholders are prepared for regulatory changes.
NSDPA helps by:
Offering legislative tracking reports summarizing privacy law updates.
Providing customized compliance checklists for schools and vendors.
Hosting webinars and policy briefings on emerging laws.
Developing model policies and implementation guides for schools to align with new regulations.
Stay Updated and Advocate for Stronger Student Privacy Protections
Understanding and complying with student data privacy laws is critical for protecting students and ensuring transparency. By staying engaged with NSDPA, education leaders, vendors, and policymakers can track legislative developments, share insights, and advocate for policies that prioritize student privacy.
Join the NSDPA Legislative Working Group to contribute to policy discussions, stay informed on privacy law updates, and help shape the future of student data protection.
Analysis of Emerging Policy Trends – Examination of How Student Data Privacy Laws Are Evolving and What It Means for Schools and Vendors
Student data privacy laws are rapidly evolving as schools, vendors, and policymakers work to address the increasing risks associated with digital learning. New regulations are focusing on stronger security requirements, increased parental rights, stricter vendor accountability, and limitations on data sharing. These changes directly impact how schools handle student data and how EdTech vendors design their platforms. Understanding these policy trends is essential for maintaining compliance and ensuring that student data remains protected in an increasingly digital learning environment.
The National Student Data Privacy Association (NSDPA) tracks these trends and provides analysis to help schools and vendors navigate the shifting regulatory landscape. Below is an overview of the most significant emerging policy trends in student data privacy and what they mean for stakeholders.
Trend #1: Increased State-Level Regulations
While federal laws like FERPA and COPPA establish baseline protections, states are rapidly enacting their own student privacy laws that often go beyond federal requirements. Over 40 states have passed student privacy legislation in recent years, and new bills continue to be introduced.
What This Means for Schools:
Schools must track state-specific privacy laws in addition to federal regulations.
Districts operating in multiple states may need different privacy policies for different regions.
Schools should ensure Data Privacy Agreements (DPAs) align with new state requirements.
What This Means for Vendors:
Vendors must comply with a growing patchwork of state laws, which may require modifying privacy policies for different states.
Transparency and compliance documentation will become more important as districts demand proof of legal adherence.
Vendors should consider participating in privacy certification programs to demonstrate compliance.
Trend #2: Greater Restrictions on Third-Party Data Sharing
Many new privacy laws are restricting how schools and vendors can share student data with third-party providers. Regulations are being introduced to ban behavioral advertising, limit profiling, and increase transparency in data-sharing agreements.
What This Means for Schools:
Schools will need to closely review vendor contracts to ensure third-party sharing restrictions are enforced.
Increased parental notification requirements may be needed when student data is shared with external providers.
Schools may be required to publish lists of all third-party vendors with access to student data.
What This Means for Vendors:
Vendors must clearly disclose if and how they share student data with subcontractors.
Some vendors may need to revise business models that rely on advertising or data monetization.
Privacy policies must explain third-party relationships in clear and accessible language.
Trend #3: Expansion of Parental and Student Rights
Several new laws are strengthening parental rights over student data, including expanded consent requirements, opt-out options, and greater access to student records. Some states are also extending privacy protections to teenagers aged 13-18, similar to recent changes proposed in COPPA 2.0.
What This Means for Schools:
Schools may need to implement more robust parental consent processes for digital learning tools.
Districts should prepare for increased requests from parents and students to access, correct, or delete student data.
Privacy policies must clearly outline parents’ rights and the school’s data protection responsibilities.
What This Means for Vendors:
Vendors must ensure that their platforms allow for parental access and correction of student records.
Privacy policies should clearly outline parental rights and be easily understandable.
EdTech companies should expect greater scrutiny from regulators regarding parental and student rights.
Trend #4: Stronger Security and Breach Notification Requirements
Cybersecurity threats targeting schools and EdTech vendors have led to new laws requiring stronger data security practices and faster breach notifications. States are shortening reporting timeframes for data breaches and requiring schools to have incident response plans in place.
What This Means for Schools:
Schools should conduct regular security audits to assess vulnerabilities.
Incident response plans must be updated to comply with new breach reporting laws.
Staff should receive training on cybersecurity best practices to prevent breaches.
What This Means for Vendors:
Vendors must enhance security measures, including encryption and multi-factor authentication.
Breach notification policies must align with state and federal reporting requirements.
Failure to meet security compliance standards could result in fines or loss of school contracts.
How NSDPA Helps Schools and Vendors Adapt to Emerging Privacy Trends
NSDPA provides schools and vendors with policy tracking, compliance resources, and best practices to help them adapt to evolving student privacy laws. Our privacy policy working groups, legal analysis, and advocacy efforts ensure that stakeholders stay ahead of legislative changes and adopt stronger privacy protections.
NSDPA’s support includes:
Privacy law updates and analysis to help schools and vendors comply with new regulations.
Compliance toolkits for implementing new parental consent, breach notification, and security requirements.
Training programs for schools and vendors on adapting to evolving state and federal privacy laws.
Advocacy efforts to push for reasonable, effective student data privacy policies.
Stay Ahead of Student Data Privacy Changes
Student data privacy is evolving rapidly. Schools, vendors, and policymakers must collaborate to ensure compliance, security, and transparency. NSDPA is committed to providing resources and policy insights to help education stakeholders stay informed and proactive.
Join NSDPA today to access privacy law updates, training, and advocacy opportunities that help protect student data and ensure compliance in an ever-changing regulatory landscape.
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