Dallas Hybrid Preparatory School has embraced a unique approach to education, with students physically attending classes only two days a week, spending the remainder of their academic time in the metaverse. As the metaverse gains traction in education, law professor Jon M. Garon explores the legal intricacies and potential challenges associated with this emerging trend.
The metaverse, an immersive 3D digital world accessible through devices like computers or virtual reality headsets, offers a novel educational environment. Garon envisions various applications, such as supplementing traditional classrooms with metaverse activities or even replacing in-person instruction entirely.
However, Garon emphasizes that, akin to physical classrooms, metaverse classrooms must adhere to federal regulations. In particular, the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA) come into play.
FERPA safeguards students’ personally identifiable information in education records, necessitating parental consent for minors. COPPA extends additional privacy protections, requiring parental consent for collecting personal information from children under 13. Garon warns that deploying the metaverse for educational tasks, especially for students under 13, implicates these privacy acts.
To ensure compliance, Garon proposes safeguards, such as restricting communications and advertisements in the metaverse to an opt-in basis and requiring data deletion after contractual agreements end. Additionally, he advises that school administrators, rather than teachers, choose metaverse providers to align with FTC recommendations on consent.
Garon extends his scrutiny to the Individuals with Disabilities Education Act (IDEA), highlighting potential accessibility issues arising from the metaverse’s use of virtual reality devices. While the metaverse could offer tailored educational experiences, Garon cautions against disadvantaging students with physical disabilities and advocates for alternative accommodations.
Moreover, he addresses inclusivity concerns, emphasizing the importance of diverse representation in metaverse design teams and the need to test technology against implicit biases. Garon recommends collaboration between the FTC and the U.S. Department of Education to establish standards for metaverse developers, ensuring regulatory compliance and prioritizing diversity and inclusion in technological design.
In conclusion, Garon underscores the necessity for the educational metaverse to meet regulatory obligations while championing principles of equity and inclusion. As this novel educational landscape unfolds, careful consideration and collaboration between regulatory bodies and developers will be essential to navigate potential legal challenges.
