By Autumn Walden, Editor, AACRAO Connect, Content Strategy Manager, AACRAO
You might not expect a leading expert in student privacy law also to have a competitive streak on the pickleball court or a passion for cooking and photography—but Dale King isn’t your typical policy wonk. As our new AACRAO Senior Fellow, he is widely regarded as a leading authority on student privacy. King has over a decade of experience administering the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment, shaping how institutions safeguard student data. Before joining us, he spent eight years leading the U.S. Department of Education’s Student Privacy Policy Office and advising on education policy at the highest levels. His federal experience also spans career and technical education, special education, and improving services for individuals with disabilities.
This interview shares highlights from our recent conversation and a Q&A, in which King reflects on his time working alongside student privacy pioneer LeRoy Rooker, the evolving challenges of data protection in higher education, and his best advice for those just starting out in the field. If you’re attending the 110th AACRAO Annual Meeting, you’ll have the chance to say hello to King in person and hear him speak in the Monday afternoon plenary session, FERPA at a Crossroads: A Fireside Chat on the Future of Student Privacy. King also enjoys a good challenge—so if you’ve got a tricky FERPA question, bring it. He looks forward to answering unique, thought-provoking questions (and maybe even getting stumped).
Your career has spanned from being a special education teacher to directing the Department of Education's Student Privacy Policy Office. How has this journey shaped your perspective on protecting student rights and privacy?
My educational journey began in 1974, the year FERPA became law. I began my career as a special education teacher in a small elementary school in Tennessee. President Ford had just signed FERPA into law in August 1974, and I was responsible for maintaining special education records for students with disabilities in compliance with the new law.
However, there was limited guidance from the state and federal governments on how to implement the law. As limited information existed, I remember sitting at my desk reading this new privacy law to determine what I was required to do to protect the privacy of the education records of my students and how to implement these requirements.
Much of my career has been in the realm of the education of students with disabilities, from being a classroom teacher, school district administrator, state specialist, and educational specialist within the U.S. Department of Education’s Office of Special Education and Rehabilitative Services.
From the beginning of my career, I recognized the importance of protecting the privacy of students and their records. The education records of students with disabilities contain the most sensitive information regarding students. My experience working with students with disabilities and their parents helped shape my perspective on the importance of protecting students' privacy and their personal information.
My decision to accept the position as director of the Family Policy Compliance Office, now the Student Privacy Policy Office, in 2012 was premised on my experience, passion, and commitment to protecting student privacy. Interestingly, when I first became director, I was again sitting at my desk reading FERPA. Unlike in 1974, I had almost 40 years of guidance, regulations, and FERPA history to sort through. I remember thinking how less complicated it was in 1974. All I had to do was ensure that all my students’ education records were locked in my two-drawer filing cabinet in the corner of my small office.
This is not the world we live in today. Determining what we must do to protect the privacy of students’ personal information and how to implement FERPA is definitely more complex today.
With your extensive experience administering FERPA and PPRA, what are the biggest challenges schools and institutions face in safeguarding student privacy today?
I believe one of the biggest challenges institutions face in protecting student privacy involves the use of new technologies and informational practices that have become an important part of the educational environment. As you are aware, there has been and continues to be, a rapid expansion in the development of digital and online tools and educational applications. This includes the current advancements in artificial intelligence (AI) technology and its use in providing educational services to students and institutions.
While these tools and advancements are helping to revolutionize education, there is concern regarding the impact these advancements have on student privacy. The use of these tools and services may require institutions to disclose personal information to educational technology vendors. Or, in the case of AI, the AI technology may create new records of students containing personal information. The use of such technologies raises many privacy questions.
Are vendors further disclosing personal information?
Are vendors using or mining the information for other purposes, including marketing?
How are vendors securing and protecting students' personal information from potential breaches?
It also raises questions as to whether and how a parent or student must be afforded the right to inspect and review information these companies maintain, including metadata.
From my experience in administering FERPA, it became apparent that parents, students, and institutions were not always aware of:
What personal information was being collected through the use of these technologies.
How the personal information is being used.
Whether the personal information was being further disclosed.
I believe protecting student privacy while using these technologies is a challenge for institutions. I also believe it is important that institutions establish policies and procedures for the use of these tools and services and thoroughly review their terms of service.
Your background includes significant work in career and technical education policy. How do you see student privacy considerations intersecting with workforce preparation and vocational training programs?
Prior to becoming director of SPPO, I was the Director of Policy and Research within the Department’s Office of Career and Technical and Adult Education (OCTAE). The office administers two laws: the Carl D. Perkins Career and Technical Education Act (Perkins Act) and Title II of the Workforce Innovation and Opportunity Act (WIOA), known as the Adult Education and Family Literacy Act (AEFLA). In administering these laws, I discovered that how or if FERPA applies to the records of participants in these programs is not always clear.
For example, under the Perkins Act, a student under the age of 18 may be enrolled in a program of study that requires the student to be dually-enrolled in high school and a community college. This scenario raises the question as to what rights a parent of a child under the age of 18 has over the education records maintained by the community college on their dually-enrolled child. However, determining how FERPA intersects with adult education programs under AEFLA is more complex.
Under AEFLA, services are provided by eligible providers, which may include postsecondary institutions, community-based and other nonprofit entities. While postsecondary institutions providing adult education and literacy services are generally considered to be subject to FERPA, non-educational eligible providers such as community-based organizations would not be covered by FERPA.
Furthermore, if an eligible provider is an institution and participants are considered to be students in attendance at the institution, the records of the participants would generally be education records subject to FERPA. However, for eligible providers that are institutions and participants are not considered to be students enrolled in institutions, it is less clear whether participant records would be education records subject to FERPA.
I also recognize that under WIOA, states are required to use education information and quarterly wage records to measure the performance of core WIOA Title I programs, which raises many issues related to student privacy and the sharing of student data.
The point of these examples that involve multiple laws is to point out that the intersection of student privacy law with adult education, workforce preparation, and vocational training programs is complex and unclear.
Looking ahead, what key issues in education policy are you most excited to explore as a Senior Fellow, and how do you hope to contribute to the field in this role?
First, I would like to acknowledge that in my role as a Senior Fellow, I am following in the footsteps of a true FERPA rock star, LeRoy Rooker. I have known LeRoy for years and greatly admire and respect him. His knowledge of FERPA and his contribution and commitment to student privacy are unparalleled.
I am committed to providing the same high standard of service to AACRAO and its members. I anticipate joining the highly popular “Ask the FERPA Professors” series.
With respect to key education policy issues, I personally have a great interest in the implications of the advances in educational technology, especially AI technology, on student privacy and the applicability of privacy laws to the use of these technologies.
Can you share any misconceptions people might have about student privacy laws, like about FERPA or PPRA, that you find yourself clarifying repeatedly?
Given we live in an age where data is critical to making educational decisions or in establishing educational policies, there is a great demand for institutions to share personal information with policymakers and researchers or through integrated data systems to make educational decisions or provide services to students.
It’s a common complaint from some that FERPA is a barrier to such information sharing. When asked about FERPA being a barrier, my response is always, “Yes, that's why we have a privacy law. FERPA is there to establish barriers and limits to protect education records from being shared with others without consent.”
I also point out that FERPA includes very specific exceptions to the consent requirement that permits the disclosure of education records. I also stress that the exceptions under FERPA are permissive, and FERPA does not require institutions to disclose education records.
So, in general, student privacy laws should be recognized and respected for their intended purpose to protect student privacy and not be seen as an unnecessary barrier to sharing information with other parties, even when some may see the sharing of information as a benefit to the student.
When you're not dealing with student policy or privacy, how do you like to spend your free time? Do you have any cool hobbies or things you'd like to share?
Interestingly, since I just retired, I picked up learning pickleball while I've been here in Florida. So that's been a nice new little addition to my activities. But usually, in my free time, I love to cook, go to the theater, and entertain friends.
Another hobby I want to pick back up is photography. I love photography. So that's the next thing on my to-do list: pick up a new camera and try to get back into my photography.
If you could give one piece of advice or tip to people just getting started in higher ed, what would it be? It could be related to privacy or if they're just starting as a registrar.
My experience administering FERPA has led me to believe that many staff at the post-secondary level do not have a full understanding of FERPA. I would suggest that anyone getting started in higher education become educated on FERPA and understand what records must be protected, what rights students have regarding their education records, and your institution's policies and procedures for implementing FERPA.
Let’s talk about the annual meeting. Do you remember how many annual meetings you've attended? Do you have a favorite thing you look forward to when you attend the meetings?
While director of the SPPO, I presented at one or two annual meetings and presented at regional meetings. When presenting at meetings, I always enjoy getting a unique or different question. Although FERPA has been around for 50 years, there's always a new twist, and getting those different kinds of scenarios or situations makes me realize that this 50-year-old law may need to be updated to address the student privacy needs of a new era.