Data Ethics in Local Education Agencies: It Is More Than Just FERPA

• In Event: Data Ethics in Education: The Importance, Issues, and Use Cases

Abstract

Data use is role-based and differs at all levels of the education system, from classroom, to school, to district, to state, and to the federal level. Data are used for different kinds of decisions yet one thing remains constant; the need to use data responsibly (Author, 2021). This means using appropriate data for the kinds of decisions to be made and using sound processes by which to interpret, draw conclusions, and take action. This is the essence of responsible data use. Ethical data use has not been a focus for research or even for capacity building. It has been unclear where the responsibility lies in terms of ensuring that educators know how to maintain data privacy. Is it the state? The district? The educator preparation programs? Or all of these agencies? Regardless, we maintain that all educators who have hands on data, should not only understand FERPA, but more importantly, understand ethical data use which will impact their practice (Author, 2021).

This paper examines the ethics of data use in various levels of the education system, from the classroom to the school to the district. The paper notes the kinds of data that are used across these levels and how data ethics play out in each situation. It provides salient examples that are intended to highlight the challenges educators face in making various kinds of challenging decisions, often with competing priorities. We posit that most educators try to use data appropriately yet in some instances, most often compelled by accountability and other pressures, they seek to game the system for better test scores and other optics. The paper considers ethical positionality using the work of Starratt (2012). It also considers the differentiated use of data for accountability versus continuous improvement. Salient examples are provided about data use at each level: about accountability; the cost/benefits of resource allocation; the moral duty to support all students; data use for teacher evaluation; statistical significance versus practical significance; confirmation bias; and focus only on test data.

The paper concludes with recommended actions that districts can take to enhance responsible data use. It draws from some recommendations and action steps that school districts can implement to creature a data privacy culture (CatchOn, 2020). CatchOn, an educational technology company focusing on data use, outlines the following:
• Develop a data use vision and strategy
• Adopt and promote privacy principles
• Offer innovative training and resources
• Engage parents to earn trust
• Ensure local privacy policies properly integrate federal and state requirements (p. 2)
Additional recommendations that focus on data ethics more broadly defined are posed. These recommendations include: grow awareness; consider the validity of data alignment; the support of all students; mitigation of confirmation bias; a focus on growing people, not sorting them; and using data as a roadmap, not a destiny. The recommendations are intended to impact practice and stimulate much needed research.

Authors

• Ellen B. Mandinach, WestEd

• Jo Beth Jimerson, Texas Christian University