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The New York City and Farifax school districts didn’t immediately respond to requests for comment on how they are using the apps, nor did representatives for Arlington and Fort Wayne. DreamBox uses data analytics to monitor how students perform in real-time. Seesaw allows students to upload videos so teachers can understand their thinking in completing assignments. The Fort Wayne Community Schools in Indiana have approved the use of DreamBox. The Arlington Public Schools in Virginia are letting schools use SeeSaw. The New York City Department of Education and the Fairfax County Public Schools in Virginia, for example, have approved Google distance learning tools for their students. Tech companies are “playing in highly regulated sectors they have not historically targeted, and schools are trying to integrate new technology in a way they may not have ever fully explored,” Jones said. Schools should be concerned about privacy regulations because “there’s such an explosion” in the use of distance-learning apps, said Doug Casey, executive director of the Connecticut Commission for Educational Technology. They also face possible lawsuits if they access geolocation data without consent or have weak data security, he said. The risks that schools and companies face include consumer-protection lawsuits for unfair or deceptive trade practices, and accusations of children’s privacy violations for collecting too much data, Stein said. Schools are worried about protecting themselves legally as they expand use of online platforms during the coronavirus, said Philip Stein, litigation practice group leader at Bilzin Sumberg.
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On April 2, a group of California parents accused Alphabet Inc.'s Google, in a federal lawsuit, of collecting millions of students’ face templates and voiceprints without permission with its G Suite platform. Schools and tech companies targeted with privacy-violation accusations before the pandemic may face more scrutiny as use of the apps proliferates nationwide. “There is little time for true diligence or compliance vetting” when schools rush to use apps in an emergency, said Beth Jones, head of Womble Bond Dickinson’s education law team, which advises schools on compliance matters. The schools and companies can face legal jeopardy if they fail to notify parents or get their permission before using some platform capabilities, such as examining student downloads or assessing pupils’ performance with analytics. The new coronavirus pandemic carries privacy risks for educators and technology companies that rushed to implement distance-learning apps to avoid canceling the school year.