09 Mar EDTECH EXPERT WITNESS TESTIMONY: TESTIFYING EDUCATIONAL TECHNOLOGY CONSULTANT FOR HIRE
An EdTech expert witness testifying consultant specializes in providing testimony related to educational technology, digital learning platforms, and the use of IT in the classroom. Given rapid growth in the field, best EdTech expert witness partners say that legal disputes and challenges arise around issues like intellectual property, compliance, data privacy, and accessibility.
- Data Privacy and Security in EdTech
- Trend: As schools and educational institutions increasingly adopt digital tools, concerns around the privacy and security of student data have grown significantly. Laws such as the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA) impose strict rules about the collection and use of students’ personal information. Legal cases arise, top EdTech expert witnesses say, when there are violations of these laws or security breaches that compromise sensitive data.
- Expert Testimony: Consultants assess whether an educational technology platform, app, or tool is compliant with privacy laws like FERPA or COPPA. The expert would evaluate how data is collected, stored, and protected, ensuring that proper safeguards are in place to prevent unauthorized access. KOLs could also examine whether schools and vendors follow best practices regarding data encryption, student consent, and data-sharing policies, and provide insight on whether privacy breaches occurred due to poor data management or inadequate security measures.
- Intellectual Property and Licensing in Educational Software
- Trend: The use of third-party software, digital tools, and AI content is widespread EdTech expert witnesses note in instructional settings. Disputes arise over intellectual property (IP) rights, software licensing, and copyright infringement. Cases may involve the unauthorized use of educational content or failure to comply with licensing terms for software used in schools or universities.
- Expert Testimony: And so your average EdTech expert witness analyzes whether an educational institution or technology provider has violated intellectual property rights, such as using copyrighted educational materials or software without proper licensing. KOLs also assess whether digital educational products comply with the terms of their licenses, including issues like user agreements, the scope of the license, and distribution rights. So too do SMEs explain the technical aspects of how software is used and whether it aligns with the proper legal agreements or whether the institution has misused copyrighted content or software.
- Compliance with Accessibility Standards (ADA, WCAG)
- Trend: Ensuring that educational technology is accessible to students with disabilities is an ongoing challenge. Legal disputes are often centered on whether digital learning tools, websites, and platforms comply with accessibility laws such as the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). The cases can arise, EdTech expert witnesses observe, if an educational institution’s digital tools are not accessible to all students, particularly those with visual, hearing, or cognitive impairments.
- Expert Testimony: Any given pro specializing in accessibility could evaluate whether digital learning platforms, e-textbooks, websites, or apps meet the required accessibility standards, such as WCAG or ADA guidelines. The expert would analyze whether these tools are usable by individuals with disabilities, including reviewing features such as screen reader compatibility, alternative text for images, or captioning for videos. If accessibility issues are identified, the consultant could provide testimony on how these barriers affect students and what changes are necessary to ensure compliance with legal standards.
