State Board of Education members on Sept. 5 authorized the commissioner to approve contracts for activities tied to the Statewide Longitudinal Data System (SLDS) while pressing the Nebraska Department of Education for clearer student-data privacy protections and notification practices.

The vote to authorize SLDS contracts passed unanimously in the meeting (seven yes, one absence). Much of the discussion focused not on whether the department should hold the data but on how it is protected, how it may be shared with contractors and researchers, and what rights parents have to review or restrict use of their child’s information.

What board members asked and what staff said
Kristen Yates, NDE information systems officer, told the board the department is updating its 2013 data access and use manual and that the Family Educational Rights and Privacy Act (FERPA) remains the primary federal statute governing disclosure of student records. Yates said the revision will emphasize both security (preventing unauthorized access) and privacy (avoiding disclosures that could identify students), and the department plans to tighten how small cell sizes are presented in public reports.

Board members asked whether private contractors could receive personally identifiable information (PII) and whether parents are notified or can opt out of specific uses. Yates explained that some disclosures are FERPA-permissible — for example, when a district authorizes an outside partner to perform work the district would otherwise perform — and that many administrative-data disclosures do not require individual parental consent under current federal rules. She also said departments store longitudinal administrative data back to 2008 for authorized analyses and that servers are secured, with many housed off-premises at OCIO facilities.

Several board members urged more proactive parental notification and clearer opt-in/opt-out language. The department acknowledged federal law limits some options but said it would strengthen internal policy language, clarify permissible disclosures and emphasize notification practices where statute allows.

Why it matters
The SLDS contains long-term records that enable longitudinal research and program evaluation but also carry privacy risk when data are shared or when vendors or partners are contracted to perform analyses. Board members repeatedly framed the discussion as one of transparency and trust: they want parents to understand what is collected, how it is used, and how their children’s data are protected.

Board action and follow-up
The board authorized the commissioner to approve SLDS-related contracts and asked the department to update the data access and use manual, include clearer public-facing language about parental rights and notification options, and report back with revised policies. The motion passed on a roll call of seven yes and one absence.