Since the passage of AB 1584, (now found at California Education Code section 49073.1), school districts have struggled to incorporate its required provisions in their contracts with digital providers. Two reasons account for a large portion of these difficulties. First, school districts often do not have the legal resources to negotiate with legally compliant privacy provisions, especially when they are negotiating with digital providers who may be resistant to change contract provisions the providers have crafted for their own purposes often at considerable expense. Second, other school districts are often reluctant to adopt the products for their school district, especially if they do not know whether these other agreements have been legally reviewed, and by persons who are comfortable in the new law of data privacy.
The California Student Data Privacy Agreement (referred to here as the “DPA”) attempts to tackle these two challenges head on. First, it has been reviewed by several sets of legal and subject matter experts ranging from the Federal government, private attorneys, and educators working in the data privacy field both within the State of California and beyond. Users of this document can know, with a high degree of confidence, that it meets both the requirements of Federal and California State law.