Page 13 - TIPJar Winter 2018

(FERPA), many have been slow to librarians—by engaging them program).
incorporate state requirements in a dialogue about the EdTech
into their privacy policies and they wish to use in the classroom. • Consult legal counsel
user agreements. California’s Districts should consider creating about risks and additional
Assembly Bill 1584 (AB 1584), a process for EdTech adoption protective measures.
codified as Education Code that allows EdTech users to
section 49073.1, requires EdTech explain the value of the EdTech • Communicate with the school
providers to incorporate specific tools they want and to conduct community about the use of
security and confidentiality some of the due diligence EdTech and the associated
requirements into their contracts. necessary to ensure these tools benefits and risks.
When EdTech providers refuse meet families’ privacy needs.
to do so, school districts must Districts can use this process While such measures do not
weigh the potential benefits of to ensure legal compliance and eliminate all of the risks of using
an EdTech product against the to engage in a dialogue that will EdTech in the classroom, they may
potential risks of violating student allow administrators and district mitigate them. These are complex
privacy and incurring penalties as staff who engage directly with issues and Lozano Smith’s
a result. students to work together to Technology & Innovation Practice
address issues ranging from Group is committed to developing
School districts can familiarize compliance quandaries to union practical solutions. 
themselves with state and buy-in.
federal laws applicable to EdTech
through a 2016 report issued School districts may be able Megan Macy is a Partner in Lozano
by the California Attorney to reduce their risks by taking Smith’s Sacramento office and co-
General entitled Ready for measures that enable them to: chair of the firm’s Facilities & Business
School: Recommendations for the Practice Group.
Ed Tech Industry to Protect the • Train employees about mmacy@lozanosmith.com
Privacy of Student Data (https:// laws designed to protect
oag.ca.gov/sites/all/files/agweb/ information privacy and Penelope R. Glover is Senior Counsel
pdfs/cybersecurity/ready-for- security, especially those who in Lozano Smith’s Walnut Creek office
school-1116.pdf). The California use EdTech on a daily basis. and chair of the firm’s Technology &
Department of Education’s Data Innovation Practice Group.
Privacy webpage (http://www.cde. • Regularly evaluate and pglover@lozanosmith.com
ca.gov/ds/dp/) and the California update privacy and security
Attorney General’s Privacy Laws policies and practices and
webpage (https://oag.ca.gov/ incorporate them into a data
privacy/privacy-laws) also provide governance plan.
a wealth of information.
• Develop and implement
Practice Due Diligence procedures for vetting and
evaluating EdTech.
Ensuring adequate protections
are in place to use EdTech can be • Obtain consents from EdTech
daunting. With limited financial users and provide privacy
and human resources available to notices as appropriate.
address EdTech and information
privacy issues, school districts are • Bolster the EdTech evaluation
burdened with the overwhelming process by considering
task of assessing and negotiating external reviews by
agreements with each EdTech organizations like iKeepSafe,
provider. which have been approved
under the Federal Trade
Districts may wish to leverage Commission’s COPPA Safe
some of their most critical Harbor Program (https://
resources—teachers and www.ftc.gov/safe-harbor-

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