PGCPS must ensure that all digital tools comply with state and federal statutes and regulations concerning data privacy, security, interoperability, and equivalent access for students with disabilities. These include:
- Family Educational Rights And Privacy (FERPA), is a federal law that protects the privacy of student education records.
- Children's Online Privacy Protection Act (COPPA), is a federal law that requires operators of websites and online services to obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13.
- Districts may designate the vendor as a “School Official” and provide consent on behalf of parents for the use of educational software, provided that the data collection is limited to instructional purposes and is not used for commercial or marketing purposes.
- A signed Data Privacy and Security Agreement (DPSA) is the means by which the School Official designation is applied.
- Individuals with Disabilities Education Act (IDEA), is a federal law with provisions to improve the quality and delivery of accessible formats and defines the types of materials for which NIMAS files can be requested.
- NIMAS (National Instructional Material Accessibility Standard), is a "packaging mechanism for the delivery of print instructional materials in accessible formats for blind and other persons with print disabilities."
- The U.S. Department of Education’s (USDOE) 2020 Final Notice of Interpretation of NIMAS and Digital Materials states that digital instructional materials in the form of structured documents or publications can be accepted as NIMAS files into the National Instructional Materials Access Center (NIMAC). Applicable materials, as defined by the National Center for Accessible Instructional Materials (AEM Center) are "documents or publications that are formatted similar to print books, such as sections with headings, a linear reading order, and static text and images ... [and] are not primarily or substantially composed of interactive or audiovisual content."
- Americans with Disabilities Act (ADA) - April 2024 Title II Rule, is titled, “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” This rule establishes “specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by State and local government entities to the public through the web and mobile applications (“apps”).”
- As a part of the final rule, the Department of Justice added a “Subpart H” to the “Title II ADA regulation, 28 CFR part 35.” Subpart H “sets forth technical requirements for ensuring that web content … is readily accessible to and usable by individuals with disabilities.”
- Subpart H also sets forth technical requirements for mobile apps.
- The rule requires conformance to WCAG 2.1, Level AA, which was released June 5, 2018.
- Subpart B, Technical Standards, Section 508 of the Federal Rehabilitation Act of 1973, as revised, is part of a procurement law that applies to all federal agencies and outlines accessibility requirements for digital tools.
State Statutes and Regulations
Data Privacy and Security
Maryland Code, Education § 4-131, Maryland’s Student Data Privacy statute.
Maryland Online Data Privacy Act of 2024 (MODPA) - enforces strict data minimization by requiring vendors to collect only the personal data that is strictly necessary for a specific service (even with consent). It does not apply to data covered by FERPA or employment-related data. This largely impacts data often found in general productivity or staff-facing tools.
Artificial Intelligence
Excellence in Maryland Public Schools Act HB504, (pp. 88-89) makes an addition to Maryland Code, Education, § 7-910 related to products that include Artificial Intelligence (AI) to support student learning. Beginning with the 2025-2026 school year through the 2027-2028 school year, § 7-910 does not apply to the procurement and use of a digital tool for student learning if that tool utilizes artificial intelligence, as defined in § 3.5–801 of the state Finance and Procurement Article.
Accessibility
Note: PGCPS is also required to comply with the TItle II of the ADA final rule on Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.
