Connecticut State Department of Education

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Connecticut Assistive Technology Guidelines - Section 1: For Ages 3-22


Distance Learning and Student Data Privacy


Chapter Contents

Distance Learning and Blended Learning

Distance learning happens when schools are closed for emergency reasons or when a student is unable to physically attend school due to medical reasons or disciplinary measures. When a student is engaged in distance learning, the district is required to provide a free appropriate public education (FAPE). 

Certain types of instruction may be pre-recorded (such as the teacher recording themselves or posting a video for students to watch), and some may be live through video or phone. A blend of synchronous and asynchronous learning may be happening as well. For example, a teacher may ask their students to watch a lesson by a certain time and date and then may also ask them to “meet” them online at a certain time and date for the next lesson. Some students may not be able to “meet” online at specific times and dates, especially if there is limited access to devices in the home or limited Internet access.

Blended learning is defined as formal instruction that takes place at least in part through online learning. The student may have some control over the pace, timing, and scope of the learning. In blended learning, technology is not just an extension of the teacher’s digital tools. Instead, it is an opportunity for more personalized instruction. The essence of blended learning allows for more choice on the student’s end. In blended learning, students may be moving through the content at different paces, which allows for differentiation as well as enrichment.

Distance Learning During Emergency School Closures

In response to the unprecedented COVID-19 pandemic, Governor Lamont issued an executive order that all schools in Connecticut would cancel in-person learning through the remainder of the 2019-20 school year. While the state has directed schools to reopen fully for the fall of 2020, there is the potential for future school closures with recurring outbreaks. PPTs may choose to create contingency plans within a student’s IEP by using the state guidance.

Schools and districts are shifting to online education to continue to provide services to students, within certain limitations. What teachers can provide, and what students can use at home, will vary widely throughout the state. The U.S. Department of Education has also provided additional FERPA guidance on protecting student data privacy during the pandemic. The Federal Trade Commission supplies Children’s Online Privacy Protection Act (COPPA) of 1998 guidance during the pandemic.

There are many learning opportunities available even when a student is not physically in a classroom. This State Education Resource Center (SERC) LibGuide provides information for educators and families for students with disabilities who require assistive technology. The State Department of Education has also assembled a broader list of resources; both catalogs continue to be updated. 

Some students may not have immediate access to the Internet or the appropriate devices. While schools are distance-learning, educators must determine what types of devices, such as laptops and tablets, may already be available for use in the student’s home and to what degree. Staff who do not have the appropriate devices to implement distance learning should reach out to their central office for guidance. 

Another factor to consider is whether the student has access to the Internet. Governor Lamont’s update as of March 24, 2020, has provided information on Internet providers in Connecticut that have signed a pledge to assist residents in getting online access. Students may not have adequate access to devices and/or the Internet at home. If this is the case, teachers may need to provide physical worksheets that the student picks up at the school or receives through the mail. Ideas for finding learning manipulatives at home and online can be found in the Other Resources section at the end of this chapter. 

Benefits of Distance Learning

During distance learning, students may receive significantly more 1-to-1 attention than they typically would in the classroom. There can be more flexibility in how the student’s day is structured, especially if the online learning portion is asynchronous.

Self-paced learning with more personalization is another advantage of distance learning. Students may find that they can spend more time on a subject that interests them and can choose to learn more about the topic. There are still many opportunities for social-emotional growth during distance learning. With adult supervision, students can communicate with their peers, practice social skills, and more. This LibGuide from SERC has resources for students’ social-emotional learning. The state of Connecticut has also published resources that guide families needing mental health support. 

The current school closures, and possible future ones, may negatively affect the continuation of student learning. Distance learning has the potential to help prevent regression. Students may also continue to grow positive relationships with their peers and teachers if they can continue participating even while they are out of school. 

Potential Limitations of Distance Learning

As in the classroom, students with disabilities who are receiving distance and blended learning instruction will need specialized instruction to meet their needs. Instructors are often required to cover a wide variety of subjects in K–12, for students with and without disabilities. It is essential to match the right teacher’s strengths to the student who needs them. Additional resources for the district providing instruction may include extra materials, transportation costs for the teacher (and the student if the instruction is not happening at their home). Coordinating a mutually convenient time for the instruction may also be a challenge, especially if the teacher is available only at certain hours.

Typically, a parent or guardian is required to be present while instruction is occurring. This can be a distraction to the teacher and student, but if the parent is not present there is a further risk of regression. There can also be safety concerns with sending the teacher to an unfamiliar location—something districts prefer to avoid. 

If the student requires a technology device as identified on the IEP, to use for instruction and/or distance learning, the district is required to provide that and explore options. Any additional technology that the student uses in school, including assistive technology, such as devices used for communication, feeding, or other daily living activities, must be provided by the district for the student’s use in the home or other settings. 

Homebound Students during the Normal School Year Regulations

As mandated by Section 10-76d-15 of the Connecticut State Board of Education Regulations, there are situations during a student’s school career which may require homebound instruction and/or distance learning. Students typically are eligible for homebound instruction for verified medical reasons. Students who are excluded from school attendance as a disciplinary action may also qualify, provided that that they will be absent from school for more than 10 consecutive school days. During this extended period of absence, homebound tutor(s) may provide 1-to-1 instruction and/or special education services for a student in the student’s home or a place outside of the school, such as a hospital setting. The student may also participate in distance learning as part of their education. Therefore, online learning is included in the definition of distance learning but does not encompass all of distance learning. Some teachers may provide physical worksheets, learning manipulatives, and other tools for homebound instruction. Both students with and without disabilities may be eligible for homebound instruction.

The number of students needing homebound instruction can change over the course of a school year. Districts are required to provide instruction for these students whenever school is in session, including during an extended school year (ESY) session if the student is determined eligible through the PPT process. The district must ensure that professionals providing homebound instruction are highly qualified. 

Student Data Privacy

The Connecticut Student Data Privacy Law (C.G.S. §§10-234aa - 10-234dd) started as a general education concern, which was modified to address the potential impact on special education tools and technologies already in use. Examples of student data that are collected include attendance, grades, test records, and health information. Directory information including the student’s name, address, and age can be shared as long as the parent is given the ability to opt out. 

The Student Data Privacy Law ensures that student data is used only to inform education policy, practice, and research and deliver educational services. Protecting students’ data is critical when it comes to online access. Using the Internet comes with a risk to one’s physical and emotional safety with inappropriate content, cyberbullying, and online predators. Students are training on awareness and making appropriate decisions as well as protection from unwanted tracking and advertising. 

FERPA of 1974 provides the exception that schools may share educational records with a third party if:

  • there is “legitimate educational interest;”
  • the third party is performing services the school would otherwise perform itself; or
  • the sharing is under the school’s “direct control.”

The Children’s Online Privacy Protection Act of 1998 (COPPA) provides further stipulations that sites must require parental consent for the collection or use of any personal information of website users under the age of 13. 

Student Data Privacy and Special Education

One of the unintended consequences of the Student Data Privacy Law is that it limits the use of student data by a service provider to cultivate a personalized and adaptive learning experience for the student. It also limits the use of technology and apps for students who rely on them for access and participation. This can mean that students’ needs are not appropriately met if schools are forced to rely on older technologies that have already been approved. Innovation can be suppressed as educators are unable to try out new but unapproved technologies with students. Additionally, the law is cumbersome and requires increased oversight for implementation. The increased oversight inherently delays implementation and increases the widening gap as services may not be delivered in a timely manner. 

In 2018, the law was modified to introduce an exemption (appendix 12) for students with disabilities. Suppose the technology being used is determined by the school team to be “unique and necessary to implement a child’s individualized education program or plan pursuant to Section 504” but is unable to comply with the law provisions. In that case, the PPT may request that the parent/guardian sign a contract exemption (see the sample Student Data Privacy Contract Exemption).

When such an exemption is made, the district first demonstrates it has made a reasonable effort to enter into a contract with the relevant technology company or find an equivalent substitute. Furthermore, the company complies “with the provisions of Section 10-234c, as amended by this Act, for such use, and...the parent or legal guardian of such child, and, in the case of a child with an individualized education program, a member of the [PPTs], [sign] an agreement that (A) acknowledges such parent or legal guardian is aware [the company] ... is unable to comply with the provisions of this section, and (B) authorizes the use of such…[technology]” which complies with FERPA and the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

Once the above components have been addressed, the school team may use the exemption to the Student Data Privacy Law and document the information such as filling out the Exemption Template form (appendix 12) and record in the IEP/504 Plan.

Data Privacy during Emergency School Closures

During the initial closures, the OSEP began to release information regarding the provision of services to students with disabilities during the outbreak. The guidance continues to be updated; please refer to it for the latest information.

While schools are in distance-learning mode, they are required to “make every effort to provide special education and related services to the child in accordance with the child’s individualized education program...or, for students entitled to FAPE under Section 504” (OSEP, March 2020). During these closures, schools are not required to provide services to students with disabilities if they are not providing educational services to any students (such as during school vacation). In summary, decisions about how to provide these services in a virtual setting may be required on a case-by-case basis. If a student’s services cannot be provided appropriately in a distance-learning environment, then “...the personnel responsible for ensuring FAPE to a student...would be required to make an individualized determination as to whether compensatory services are needed under applicable standards and requirements” (OSEP, March 2020).

On March 21, 2020, the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) released a Supplemental Fact Sheet on COVID-19 and children with disabilities. The Department reminds educators that “many disability-related modifications and services may be effectively provided online” (OSERS, March 2020).

On March 23, 2020, State Education Commissioner Dr. Miguel Cardona issued guidance on temporary flexibilities under the Student Data Privacy Act (C.G.S. Section 10-234aa-dd). The Student Data Privacy Law is in effect when "in-classes" begin again after the duration of pandemic-related school closures. Commissioner Cardona gave districts the ability to “...bypass the process of crafting individual contracts for new technology solutions that fall under the data privacy statute.” Districts may refer to the State of Connecticut Educational Software Hub to find educational technology solutions that have signed the Connecticut Student Data Privacy Pledge. Get more information on Connecticut’s data privacy resources. 

It is recommended that districts provide training to all staff who will be utilizing technology to teach and work with students. Support for parents, including considerations for multilingual families, is paramount to ensure that learning can continue at home as smoothly as possible. It is also suggested that districts first make use of resources already available and known to staff and families rather than implementing new technologies and software during distance learning. Safety considerations should include: 

Filters and Content Blocking

  • Most district-owned devices provide content filtering. If this is not possible to implement while the devices are being used off-campus, clearly communicate this to families. 
  • Clearly communicate to families that the district cannot provide content filtering if the student is using a personal device. 
  • Families should be advised on which websites or software their students are using to access remote learning. 
  • Families should be advised to enable content blocking and filters as needed on their home network and personal devices. 

Safe Communication

  • To protect the teacher’s personal phone number(s), districts can allow teachers to communicate with students and parents through approved messaging and calling services, such as Google Voice or email. 
  • Direct families to appropriate staff within the district if password resets are needed or other security concerns arise. The same should apply if devices are damaged or not working properly. 
  • Avoid sending links directly through emails. 
  • Be clear about all official methods of communication coming from the district, so that recipients can clearly identify senders of email addresses and texts or voice callers. If the district, school, or staff has official social media or web pages, clearly identify these sites. 
  • Do not send batch emails; make sure that individual email addresses are protected by using the school’s messenger system or blind carbon copy (BCC).
  • Video Conferencing: 
    • Can students converse via video or voice conferencing with the teacher? 
    • Can they speak without the teacher present? Teachers may prefer to record voice-only or may ask students to participate in voice-only.
    • When providing related services such as counseling, teachers need to be aware of anyone else in the room to protect student privacy.

Accessing Confidential Information

  • Remind staff not to access confidential information while working on an unsecured network, such as in a public area.
  • If staff and/or parents are accessing confidential information (such as IEPs), where is the information being stored?

Utilizing Technology

While schools are distance-learning, educators must determine what types of devices, such as laptops and tablets, may already be available for use in the student’s home and to what degree. Staff who do not have the appropriate devices to implement distance learning should reach out to their central office for guidance. 

Another factor to consider is whether the student has access to the Internet. Governor Lamont’s update as of March 24, 2020, has provided information on Internet providers in Connecticut that have signed a pledge to assist residents in getting online access. Students may not have adequate access to devices and/or the Internet at home. If this is the case, teachers may need to provide physical worksheets that the student picks up at the school or receives through the mail. Ideas for finding learning manipulatives at home and online can be found in the Other Resources section.

Certain types of instruction may be pre-recorded (such as the teacher recording themselves or posting a video for students to watch), and some may be live, through video or phone. A blend of synchronous and asynchronous learning may be happening as well. For example, a teacher may ask their students to watch a lesson by a certain time and date and then may also ask them to “meet” them online at a certain time and date for the next lesson. Be aware that some students may not be able to “meet” online at specific times and dates, especially if there is limited access to devices in the home or multiple students in the home needing access to devices for learning. 

Resources for Connecticut Public Schools (Connecticut Commission for Educational Technology)

Educators and school leaders should review and understand their obligations under Connecticut’s student data privacy law (C.G.S. §§ 10-234aa through 10-234dd). The statute applies to any situation in which districts use educational technology that captures or accesses personal student information, records, or data. For a detailed analysis of the law and recommendations for revisions, see the Data Privacy Task Force Report (March 2019).

To comply with the law, districts must either (A) have existing contracts with vendors that comply with Connecticut’s privacy statute or (B) limit their use of software to those titles provided by companies that have signed the Connecticut Student Data Privacy Pledge. Districts may reference the Connecticut Educational Software Hub to view a complete list of compliancy-pledged software. The following sections provide further detail on accessing the Hub and ways of encouraging vendors to comply with the law.

Connecticut Educational Software Hub: Educators and district leaders may use this website to search for educational software developed by companies that have pledged compliance with Connecticut’s privacy law. Contractors do so by digitally signing the Connecticut Student Data Privacy Pledge and providing documentation to support their compliance (e.g., sample contract, data privacy agreement, or addendum documents).

Districts interested in leveraging a host of other features offered through the Hub (LearnPlatform) can watch this recorded presentation:

  • LearnPlatform Overview: LearnPlatform provides district leaders with insights into educational technology usage, allows them to conduct pilot evaluations of software, tracks and reports on efficacy, and provides teachers with the ability to share feedback on specific products.

In a limited number of instances, the Commission has engaged directly with educational technology providers that serve the vast majority of districts in the state. For information about the contract language that these providers have developed, see the following links, copies of correspondence sent from the Commission to the Connecticut education community:

Hub Endorsements and Communication Resources: Districts should refer educational software companies to the Hub as a state resource for supporting privacy compliance. Doing so saves time for contractors and districts and will help build a single point of reference for compliant software. Educators and leaders may use these resources to encourage use of the Hub:

  • Sample Email: Use this language as a template to encourage contractors to visit the Hub, learn about Connecticut’s statutory requirements, and take steps to comply with our laws.
  • Letter of Endorsement: The Connecticut General Assembly, CSDE, Connecticut Association of Boards of Education, Connecticut Association of Public School Superintendents, and Connecticut Association of Schools have all endorsed the use of the Hub to support compliance. Use this letter of endorsement to encourage contractors to visit and use the Hub.

Model Terms of Service (TOS) Addendum: Districts may encourage Contractors to modify their TOS or create a contract addendum using the language in the Model TOS Agreement Addendum (Model TOS Addendum to view). Contractors must address all of the contractual requirements defined in the Model TOS Addendum. The only variable components of that document are highlighted in red text. These sections serve as placeholders for contractors and districts to define protocols specific to each executed contract.

IEP/504 Reporting Requirements: All districts must report on their use of software employed as part of IEP or 504 plans through a new exemption defined in Public Act 18-125. Districts that have not designated a reporter can do so through this form. Districts may also find the following resources useful:

Data Privacy Toolkit: This document provides additional supports to contractors and districts. The Toolkit includes background and definitions to help interpret the law, best practice guidance in security, and communication templates.

School Safety & Privacy: From the Future of Privacy Forum (FPF), this page provides background information, an animated overview of data privacy, and many useful resources to support policy, governance, and communications.

Other Resources (Virtual Learning)

Apple: 

Google: 

Microsoft

Other Technology Resources