AB 1584, Education Code 49073.1
A local educational agency (LEA) may be, pursuant to a policy adopted by its governing board/body, enter into a contract with a third party: (1) to provide services, including, cloud based services, for the digital storage, management, and retrieval of pupil records; and (2) to provide digital education software that authorizes a third-party to access, store, and use pupil records. A LEA that enters into such contracts shall ensure the contract contains nine listed provisions related to the use and protection of pupil records.
If the App\Service will gain possession of or have access to student information, student records or student-generated content as a result of use by students it must be approved.
Here are some of the “Red Flags” to look for when reviewing these agreements. Red Flags are aspects that could prevent approval for use of the App\Service with students.
- Licensed for personal private use
- Requires that a user account be made with the provider
- Requires that the user be logged in with the provider
- App collects, uses, shares, transfers personally identifiable information
- App has in-App purchases
- App is subscription based
- App is free, but runs advertising
- App collects or houses student created content
- Provider takes ownership of the copyright of student or teacher work