The growing use of digital learning tools has transformed how schools collect, store, and use student information. As educational technology, online assessments, and artificial-intelligence-powered applications become more common in classrooms, protecting student data has become a critical responsibility for schools and technology providers —and a concern for parents of students.

What Types of Student Data Is Being Collected?

As educational technology expands, student data ecosystems are becoming increasingly complex, raising questions about governance, access, and protection.

Today’s digital classrooms generate a broad range of information, including:

• academic performance data;
• attendance records;
• behavioral and disciplinary information;
• learning preferences and progress metrics;
• student communications;
• device usage and browsing activity;
• location data from school-issued devices;
• depending on the technologies used, biometric information, such as facial recognition or fingerprint access systems; and
• information collected through educational apps and online platforms

Why Student Data Privacy Matters

• Students are a vulnerable population. Unlike adults, students often have little control over how their information is collected and shared. Parents and schools are entrusted with protecting that data.
• Data breaches are increasing. Educational institutions have become attractive targets for cybercriminals because they store large amounts of personal information while often operating with limited cybersecurity resources. Data breaches can expose sensitive records and disrupt school operations.
• Student data can create long-term risks. Information collected today may persist for years. Inappropriate sharing or storage of behavioral, disciplinary, or biometric data could potentially affect a student’s future opportunities and privacy.

The Role of AI in Student Privacy

Artificial intelligence is rapidly transforming the digital classroom, offering educators powerful tools to personalize instruction, streamline administrative tasks, and provide students with more individualized support.

From adaptive learning platforms that adjust content based on student performance to AI-powered tutors that deliver real-time assistance, these technologies have the potential to enhance educational outcomes and create more engaging learning experiences. However, the effectiveness of these systems depends on their ability to collect, analyze, and process significant amounts of student data.

As schools increasingly integrate AI into teaching and learning, they must carefully consider how student information is gathered, used, stored, and protected. Ensuring transparency, accountability, and responsible data practices will be critical to maintaining trust while maximizing the benefits of AI in education.

Key questions include:

• What student data, if any, is being used to train or improve AI systems?
• Who owns the information generated by students?
• How long is the data retained?
• Are students being profiled or monitored in ways they do not understand?

Common Privacy Challenges Facing Schools

Third-Party Vendors

Many schools rely on third-party technology providers to support learning, communication, assessment, and classroom management. Because these vendors often collect, store, or process student information, schools must ensure that all technology partners follow strong privacy and security practices. Careful vetting of vendors can help protect sensitive student data and reduce the risk of unauthorized access, misuse, or data breaches.

Staff Training

A secure system can still fail if users are not properly trained. Teachers and staff need ongoing education about:

• phishing attacks;
• password security;
• data handling procedures; and
• responsible use of digital tools.

Data Minimization

One of the most effective ways to protect student privacy is to collect only the information that is necessary to support educational objectives. As schools increasingly adopt digital tools and platforms, it can be easy to accumulate large volumes of student data.

By practicing data minimization, schools can reduce the amount of sensitive information at risk in the event of a breach, simplify data management processes, and strengthen compliance with privacy requirements. Regularly reviewing what data is collected, why it is needed, and how long it should be retained can help educational institutions strike the right balance between innovation and responsible data stewardship.

Best Practices for Protecting Student Data

Protecting student data requires more than strong cybersecurity tools. Schools need clear policies and procedures that govern how information is collected, used, shared, and stored throughout its lifecycle. Establishing a comprehensive data governance framework helps ensure that student information is handled responsibly while maintaining transparency and trust among students, parents, and educators.

Schools should define:

• what data is collected;
• why it is collected;
• who can access it; and
• how long it is retained.

Before adopting a new platform, schools vet technology providers carefully and evaluate:

• security controls;
• privacy policies;
• data retention practices; and
• compliance commitments.

Organizations across sectors are increasingly expected to demonstrate strong cybersecurity governance and accountability. [nixonpeabody.com], [privacyperfect.com]

• Therefore, schools should also strengthen cybersecurity defenses,  which includes: multi-factor authentication;
• regular security audits;
• employee training;
• incident response planning; and
• secure backup procedures.

Educate Students About Digital Privacy

In today’s connected world, teaching students how to protect their personal information is as important as teaching traditional academic subjects. By incorporating digital privacy into digital citizenship education, schools can empower students to make informed decisions online, recognize potential risks, and develop habits that help safeguard their personal data both inside and outside the classroom.

Specifically, students should be able to understand:

• safe online behavior;
• password management;
• data-sharing risks; and
• how their digital footprint is created.

What to Know About Privacy and Security of Student Data

Protecting student privacy has become a major focus for policymakers across the United States. Since 2014, more than 1,000 student privacy bills have been introduced in all 50 states, and nearly 150 student privacy laws have been enacted in 47 states and Washington, D.C., according to the Public Interest Privacy Center.

Several federal laws establish important protections for student data and privacy:

• FERPA. The Family Educational Rights and Privacy Act (FERPA) is the primary federal law establishing student privacy rights in the education system, requiring schools to protect the privacy of students’ personally identifiable information in education records and to give parents and eligible students certain rights, such as the right to access education records. FERPA applies directly to all educational agencies and institutions that receive federal funding.

• PPRA. The Protection of Pupil Rights Amendment (PPRA) establishes parental engagement requirements for certain data collection from students (and requires schools to give parents access to instructional materials upon request. It applies directly to all educational agencies and institutions that receive federal funding.

• COPPA. The Children’s Online Privacy Protection Act (COPPA) establishes parental consent requirements before personal information can be collected online from children under 13. COPPA does not directly regulate schools; but establishes privacy safeguards in the education sector by directly regulating technology providers used by schools, such as educational technology companies.

• New York State Student Data Privacy Requirements. In addition to federal protections, New York State’s Education Law §2-d establishes specific requirements for safeguarding student data. The law requires school districts, Boards of Cooperative Educational Services (BOCES), and charter schools to protect student information from unauthorized access, use, or disclosure.

To comply with the law, schools must:

• Adopt data privacy and security policies that align with National Institute of Standards and Technology (NIST) cybersecurity standards.
• Designate a data protection officer to oversee compliance and data security efforts.
• Ensure that any third-party vendor with access to student data signs a data privacy agreement.

Education Law §2-d also prohibits the sale or commercial use of student data and requires schools and vendors to implement reasonable safeguards to protect sensitive information, including encryption and other security measures when appropriate and required by applicable regulations.

When to Talk to an Education Attorney

The digital classroom offers unprecedented opportunities for personalized learning, collaboration, and student success. Yet every new tool brings new responsibilities, and protecting student data is no longer solely the responsibility of IT departments. It is a shared commitment involving educators, administrators, technology providers, parents, and students.

While technology can transform education in positive ways, it also creates privacy risks that can put students’ personal and private information at risk. If your student’s data and privacy have been violated at school, it’s time to talk to an education attorney.

Tully Rinckey education lawyers have experience helping students, parents, educators, and school districts with their unique education law matters. Our attorneys understand that issues involving your education or employment can have serious impacts on your life and will handle your legal matter with the attention and tact it deserves. Contact Tully Rinckey today for a consultation at 8885294543.

Greg T. Rinckey is one of Tully Rinckey PLLC’s two founding partners. He worked with Founding Partner and fellow Hofstra University alum Mathew B. Tully in 2004 to build the firm from the ground up into the coast-to-coast, full-service powerhouse that it is today. As Founding Partner, Greg collaborates with Mat in all areas of strategic planning and law practice management to develop and deploy innovative business solutions that continue to grow the firm.