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Should we sue EdTech companies?

Will it solve the EdTech takeover?

You may have heard that a group of parents is suing Curriculum Associates, the parent company of iReady, a popular intervention and instructional EdTech software.

It has been shown in studies that i-Ready and similar tools do not increase student comprehension or test scores at least not to the degree claimed by these companies. The studies that DO show an increase in test scores tend to be paid for by the company, or, tend to show outcomes that are very small, or are not shown in at-risk or underperforming student groups.

But that’s not why they’re getting sued. Instead, they’re getting sued for allegedly selling student data to 3rd party companies.

This sounds bad, but, hear me out, this lawsuit probably is going to make things worse.

EdTech companies (and all public ed employees and companies) have to be FERPA compliant- the Family Educational Rights and Privacy Act. While not perfect, any data that Curriculum Associates is giving to 3rd party companies is "de-identified" and focuses on student scores. In short, they are likely using anonymized student data to “improve” their product through use of gen AI tools.

I don’t think this is good, to be clear, but suing these companies for doing arguably legal things with student data is not going to get rid of too much EdTech. It’s not going to pay paraprofessionals more than the national average of a measly $19 per hour. It’s not going to provide the tens of millions necessary to update physical materials like textbooks so that teachers have an alternative to online curricula.

Honestly, it will probably make these companies write firmer contracts, making it harder to avoid these products.

But this brings up a really important broader point: should parents be able to consent (or not consent) to the use of their child’s data? FERPA allows schools to do this on behalf of parents which could sound like an overreach. But if we were to give parents the right to consent to use of student data, that has some very tricky implications that could easily become a quagmire of “parental rights” overlapping with the role of public education.

I maintain that it’s generally better to ask: how can I get MORE of what I want, instead of how can I try to get rid of what I don’t want. And I think EdTech is a good example. Parents need to advocate for MORE electives, more books, more librarians, more interventionists, and from that will come a conversation about what to have less of.

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