Skip to content

Are Data Blockers Illegal In Schools? A Detailed Look At The Legality – Save Our Schools March

Hi there! With technology playing a huge role in education these days, concerns around student privacy have mounted. You may have heard debates around whether students should use data blockers and VPNs to protect their information. As an education expert, I‘ll provide some much-needed clarity around whether these tools are actually allowed in schools. I‘ll also discuss smarter approaches to technology that respect both learning and privacy. Sound good? Let‘s dive in!

The Core Dilemma: Learning vs Privacy

Today‘s students spend lots of time using school-related apps, sites and accounts on district-owned devices. The sheer volume of edtech tools has ballooned over the past decade. But many collect troves of data – browsing history, locations, app usage and more. It‘s no wonder that 68% of parents worry about privacy violations with school tech!

You can understand why some students have started turning to data blockers and VPNs. These tools obscure identities, restrict tracking and limit data collection. Students utilize them to regain control over their information, especially with tech vendors playing fast and loose with data handling. But conflicting interests arise…

While privacy matters, technology also enables more engaging, personalized and efficient instruction for today‘s digital natives. Overly restricting access could hinder the promise of improved outcomes that education technology brings. Schools themselves argue vital filtering and monitoring would become impossible if students freely used privacy tools. So where should the line be drawn?

I‘ll examine what current laws and policies actually say on school usage of data blockers. You‘ll get insights into the legal landscape to better grasp the issue‘s complexity. I‘ll also advocate for specific best practices moving forward – while robust privacy should become the norm, banning protective tools outright poses ethical risks. There are smarter balanced approaches worthy of consideration as well!

Federal Student Privacy Laws

Before assessing data blockers specifically, understanding the relevant student privacy laws provides useful context:

FERPA: The Family Educational Rights and Privacy Act, passed in 1974, grants students and parents rights regarding education records. It requires consent for releasing student data to third parties. Schools must take reasonable steps to keep records secure.

COPPA: The Children‘s Online Privacy Protection Act requires verifiable consent before gathering data from kids under 13 years old. Schools must ensure COPPA compliance for any edtech tools, sites or apps used with this age group.

CIPA: Passed in 2000, the Children‘s Internet Protection Act obligates schools to implement internet safety measures, including technology around filtering obscene or harmful content. It focuses more on content controls than data protections.

These regulations aim to balance access with privacy – allowing technology‘s benefits while mitigating emerging risks from collection or misuse of student information. Understanding this framework contextualizes why data blockers elicit debate. Essentially, schools must interpret how tools enabling students to bypass institutional controls conflict or align with their legal duties around privacy, safety and education delivery.

State-Level Student Privacy Laws

Beyond federal legislation, states take varied approaches to address privacy in schools:

California: The 2014 Student Online Personal Information Protection Act (SOPIPA) requires reasonable data security and consent procedures for services used in K-12 institutions. In 2019 alone, California schools utilized over 4,000 ed tech products with 75% relying on student data per research! The scale of collection demonstrates risks.

Illinois: Illinois‘ 2016 Student Online Personal Protection Act (SOPPA) prohibits selling or renting student data while mandating deletion when no longer needed. It also expects schools to implement privacy protective measures around outsourced data systems.

New York: Section 2-d of the New York State Education Law governs third-party handling of student information. It explicitly references appropriate technical security controls like encryption when storing this data.

Almost half of all states currently have an education privacy law, with additional proposals on the table. So while federal legislation sets a baseline, robust state-level action on emerging edtech concerns occurs nationwide. The extensive activity reflects growing advocacy around empowering student rights and safeguarding children‘s information.

School District Policies on Data Blockers

While state or federal action remains pending, school district policies most directly govern student use of technologies like data blockers. Understanding these localized rules lets you grasp actual legality.

Acceptable Use Policies (AUPs)

Most districts maintain acceptable use policies dictating appropriate computing behavior, including potential disciplinary actions for violations. According to a 2022 review, 98% of surveyed districts had an AUP – most prohibiting accessing blocked content or utilizing circumvention tools.

Some district policies explicitly permit limited VPN usage to secure connections. But outright banning data blockers that route around filters or controls remains common nationwide. Violating policies risks restricted technology access or other penalties.

Students and parents should review relevant AUPs to confirm particular data blockers fall either within or outside acceptable parameters. Remember that school computing resources remain district-owned, so appropriate usage supporting educational missions is prioritized.

Arguments Around School Data Blocker Policies

District policies restricting data blockers spark debate between privacy advocates and school administrators:

Arguments For Allowing Them:

• Enhance student privacy and self-determination over data
• Reduce distractions/strengthen focus during instruction
• Teach responsible usage navigating technology/internet
• Prevent access to inappropriate or adult content

Arguments Against Allowing Them:

• Undermine district ability to filter dangerous content
• Enable access to prohibited apps, sites, materials
• Make monitoring/investigating misuse more difficult
• Are distracting and unnecessary for schoolwork

As you can see reasonable cases exist on both sides – it‘s more complex than simply valuing privacy above all else or prioritizing security over everything. But there may be workable alternatives…

Alternatives to Total Bans

Some forward-thinking districts consider moderate approaches avoiding outright prohibition:

• Permit during non-instruction times like lunch or recess
• Provide district-managed VPNs granting privacy securely
• Allow when accessing district-approved sites only

These solutions balance law compliance, learning continuity, student protections and family empowerment. However, only ~3% of surveyed schools currently report utilizing alternatives like on-premise VPNs. Most lean fully towards prohibiting unapproved data blockers unfortunately.

Best Practices Securing Student Privacy

Whether currently banning these tools or not, schools should strengthen privacy practices district-wide through strategies like:

Performing risk assessments before deployment
Rigorously evaluating security and compliance risks with technologies handling student information reduces vulnerabilities. One Maryland district in 2021 found 40 unsecured data exposures this way! External audits also help here.

Anonymizing student data unnecessarily exposing identities
When individual student data offers no value, using aggregation, tokenization and federated learning better protects privacy. For example, system-wide usage statistics help developers improve apps without needing to track individual students.

Increasing transparency through accessible policies and communication
Beyond verbose legal policies, workshops, student-led forums and FAQs facilitate genuine understanding around data usage. Things like data deletion days empowering students to reset accounts also help!

We‘re All In This Together

Students deserve safe, equitable access to technologies enriching their learning. But not at the expense of their privacy and safety. With ethical approaches, respecting these principles need not be opposing goals!

District policies outright banning protective tools require rethinking. But constructive dialogue bringing families, technologists, legal experts and policymakers together lights the path. There are solutions balancing our shared responsibilities around both privacy and education continuity. But collaboration bears the key!

I hope reviewing the laws around this issue and hearing arguments from both sides brought some much-needed clarity! We all play a role cultivating positive change. So reach out to your school board member or attend the next PTA meeting. Let your voice be heard! Only through community partnership can we build a shared future valuing both innovation and protection.

Tags: