“This report has been updated with additional information.”
The father of an Escambia County Public Schools student is alleging the school district is using AI educational platforms that violate student privacy laws.
Rafael Lopez filed formal FERPA (Family Educational Rights and Privacy Act) and Title VI civil rights violation complaints against the school district with the Florida Department of Education Office of Inspector General on Aug. 1.
“The basis of these complaints is that ECPS parents were not properly informed or asked for consent before third-party AI education platforms (including Waterford.org, Age of Learning, and others) began collecting and tracking children’s data. This includes personally identifiable information, behavioral and usage data, learning profile data and potentially biometric/indirect data,” said Lopez, whose son attends Jim Allen Elementary School.
Waterford claims they have not had an active license or partnership with Escambia County schools since July of 2022, but parents were sent home a Waterford flyer in their children’s back to school packet.
In a statement to the News Journal, a Waterford spokesperson said “The flyer shared in this case is one of hundreds of free resources available on our website and appears to have been printed and distributed independently by the district.”
Lopez said he wants the Escambia County School Board to place the matter on its agenda for review.
Under FERPA and COPPA (Children Online Privacy Protection Act), parental consent is required before student data can be collected or shared with outside vendors.
Schools also must ensure that any AI tools used in the classroom comply with FERPA regulations, particularly when sharing student data with third-party providers. COPPA requires parental consent for the collection of personal information from children under age 13.
Lopez said he has also asked the U.S. Department of Education’s Family Practice Compliance Office and the Federal Trade Commission’s Consumer Compliance Center to investigate the potential violations.
In his letters to the federal agencies, Lopez said in July he received a welcome packet from his child’s school, which included a flyer from the Waterford Institute.
“This flyer encouraged the use of the digital learning platform for early education but failed to disclose any of the data collection practices associated with it. At no point was I provided with a FERPA-compliant parental consent form, nor was I informed about any data-sharing policies or offered the opportunity to opt out prior to enrollment,” the letter to the Department of Education said.
Lopez said he also emailed Escambia County School Board members, Supt. Keith Leonard and School Board Attorney Ellen Odom about the potential violations on Aug. 5.
“I exercised my right to opt my child out, yet the district still enrolled him in programs without disclosure. It’s not a mistake but a violation of federal law and a civil rights issue,” Lopez said.
“My goal is simple – to protect children, restore parental control and hold the system accountable. I have documented evidence, a timeline and public records to support everything I am saying.”
Lopez described Waterford.org and Age of Learning as “traps for more than just academic progress.” He said based on vendor disclosures and what he confirmed via public record, the AI-based curriculum platforms document:
“Adaptive learning profiles are built for each student. These profiles are stored and sometimes shared with third-party servers,” Lopez said.
He noted these are data sharing risks, and that under COPPA and FREPA laws, the companies must receive parental consent before collecting and/or sharing the data.
In a written response, Supt. Keith Leonard said the school district is committed to safeguarding the privacy of student data.
“All applicable local policies, state statutes, and federal regulations, including the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA), are rigorously followed. All vendors formally engaged with the school district are thoroughly informed of these requirements and are mandated to adhere to these policies and legal obligations through contracts which include robust student data privacy requirements,” Leonard said in a written statement.
“Notwithstanding these measures, as outlined in the Student Code of Conduct, parents or guardians are provided the opportunity to submit a written request to the school principal to deny their child’s Internet access.”
Lopez said the violations are not just occurring in Escambia County schools.
“It’s a statewide issue,” he said. “…We, the parents, need answers. We are the owners of our children’s data – not the state. The state is only the custodian of the data.”
In a social media post, Lopez said ECPS has allowed Linewize to begin retroactive student surveillance before the school board ever voted to approve it — and without parental notification or consent.
And he posted that TutorMe collects, stores and claims rights to student data for business purposes while shifting all compliance responsibility to the district — with no parental opt-out, no data retention limits, and no commercial reuse safeguards.
ECPS has not used the TutorMe platform since Sept. 30, 2024, when concerns were raised about its ownership group, said Cody Strother, spokesman for the school district.
This article originally appeared on Pensacola News Journal: Parent alleges Escambia Schools is sharing students’ private data via use of AI
Reporting by Mary Lett, Pensacola News Journal / Pensacola News Journal
USA TODAY Network via Reuters Connect
