As schools begin the new academic year, reviewing contracts and compliance requirements for various services and products is a common practice. This article focuses specifically on the Children’s Online Privacy Protection Act or COPPA Rule. Do you know if the tools and assessments you’re using are COPPA certified and what could happen if they’re not? And what does COPPA compliance even mean? And why does it matter to teachers or learners? You’re not alone if you’ve been asking yourself some of these questions.
What is the COPPA Rule?
The COPPA Rule “imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age” (https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa).
What does it mean for schools? The Federal Trade Commission (FTC) explains, “Many school districts contract with third-party website operators to offer online programs solely for the benefit of their students and for the school system – for example, homework help lines, individualized education modules, online research and organizational tools, or web-based testing service . . . Schools also should ensure operators delete children’s personal information once the information is no longer needed for its educational purpose . . . Many schools have a process for assessing sites’ and services’ practices so that this task does not fall on individual teachers’ shoulders. School districts and schools [also] have separate specific obligations under FERPA” (https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions#N.%20COPPA%20AND%20SCHOOLS).
What if a textbook, assessment, website, or mobile app I use isn’t compliant?
Providers can be subject to heavy fines if they can’t document and demonstrate compliance in their handling of children’s data. Recently, a major edtech company was fined $6 million by the Federal Trade Commission for collecting personal data from children. Read the full story here. “This is a first for an FTC order and is in line with a policy statement the FTC issued in May 2022 that warned education technology companies about forcing parents and schools to provide personal data about children . . . ‘This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,’ said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection” (https://www.ftc.gov/news-events/news/press-releases/2023/05/ftc-says-ed-tech-provider-edmodo-unlawfully-used-childrens-personal-information-advertising).
The FTC can audit any organization at any time to identify whether the COPPA Rule is being honored. In other words, any organization that serves an online product or service to children under the age of 13 can be audited for compliance or violations of the COPPA Rule. This includes your language assessment provider! If your district doesn’t have a process for reviewing websites, online services, or apps used in the school, you may want to request a review of those you use (including online language tests) to ensure you’re protecting your learners’ privacy in accordance with federal regulations.
Are AAPPL and ALIRA COPPA compliant?
Yes, but we go further than that! In fact, the ACTFL Assessment of Performance toward Proficiency in Languages (AAPPL) and ACTFL Latin Interpretive Reading Assessment (ALIRA) are the only assessments of this kind with COPPA certification. In 2022, both the AAPPL and ALIRA test portals and websites were awarded PRIVO’s COPPA Safe Harbor Seal for meeting the highest standards for protecting children’s privacy. LTI takes children’s data security seriously and follows stringent protocols to ensure your learners’ privacy is protected according to federal requirements. “In addition to bi-annual assessments, PRIVO conducts compliance monitoring on a regular basis. The PRIVO Kids Privacy Assured COPPA Safe Harbor Certification Program is approved by the Federal Trade Commission as an authorized safe harbor under the Children’s Online Privacy Protection Act (COPPA)” (https://cert.privo.com/#/companies/languageTestingInternational).
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