I am writing to second Renee Braddy’s attached email. As you are aware, a lawsuit is in full gear right now between the Department of Education and the Electronic Privacy Information Center, which alleges that the Department of Education overstepped statutory authority by redefining terms and loosening parental consent law in the federal FERPA regulations; remember, federal FERPA laws have not been altered by Congress. Nor has state FERPA law been altered. These oversteps by the Dept. of Education are illegal under GEPA law and under the U.S. Constitution.
If the Utah board supports this illegality, they will be held accountable under the Utah Constitution as well.
More importantly, the core issue here is that student privacy, a civil right, is being shoved aside to further empower federal and corporate forces in the nonconsensual access to private academic and nonacademic data. Let’s do the right thing.
———- Forwarded message ———- From: Renee Braddy
Dear State School Board Members,
I just reviewed your agenda for today’s meeting and I amvery concerned about the action item regarding data. On line 213 where the document is referring to studentinformation, it reads that it will be released in accordance with the FERPA, 34 CFR 99-31. This is the new regulation that went into effect Jan. 3, 2012 and was written by the US DEPT of ED and DID NOT pass through the US congress. This regulation is currently being challenged by EPIC in a lawsuit. Ithink it would be wise to have our children’s data dispersed in accordance withFederal LAW 20 U.S.C. § 1232g, not the regulation.
There are LOTS of concerns with this new regulation and I believe it would be a BIG mistake to pass this rule change without further study. Please DO NOT vote for this, but rather please table the item for further discussion.
I have extensively study the new FERPA regulation due to anincidence in Wasatch County. This new regulation literally turns the FERPA law on its head and DOES NOT protect our children’s personal information. This is a very serious matter.
It further states online 216 that such responses may (not SHALL) include:
1. de-identified data
2. agreements with recipients of student data where recipients agree not to report or publish students identities (the way I read this is that this is personally identifiable student data– otherwise there wouldn’t have to be an agreement to protect it, right?)
3. release of student data, with appropriate binding agreements, for state or federal accountability or for the purpose of improving instruction to specific student (this would mean that personally identifiable student data is being released with parental knowledge).
6. Board Committee Meetings
ACTION: R277-487 Public School Data Confidentiality and Disclosure Tab 6-L
R277-502-8 EducatorLicensing and Data Retention –
Comprehensive Administration of Credentials for Teachers in Utah
R277-484-9 Data Standards – Disclosure of Data for Research
(Amendment and Continuation for all)
And when I click on the tab for more info. Is this really what I think it is and they are changing the rules to come into compliance with the FERPA Regulation?!?!? Someone, please help me if I’m off on this. If it’s underlined, does that mean it’s being added to the rule?
187 R277-487-6. Public Education Research Data.
188 A. The USOE may provide limited or extensive data sets
189 for research and analysis purposes to qualified researchersor
191 (1) A reasonable method shall be used to qualify
192 researchers or organizations to receive data, such asevidence
193 that a research proposal has been approved by a federally
194 recognized Institutional Review Board (IRB).
195 (2) Aggregate student assessment data are available
196 through the USOE website. Individual student data are
198 (3) The USOE is not obligated to fill every request for
199 data and has procedures to determine which requests will be
6200 filled or to assign priorities to multiple requests. The
201 USOE/Board understands that it will respond in a timelymanner
202 to all requests submitted under Section 63G-2-101 et seq.,
203 Government Records Access and Management Act. Infilling data
204 requests, higher priority may be given to requests that will
205 help improve instruction in Utah’s public schools.
206 (4) A fee may be charged to prepare data or to deliver
207 data, particularly if the preparation requires originalwork.
208 The USOE shall comply with Section 63G-2-203 in assessing
210 (5) The researcher or organization shall provide a copy
211 of the report or publication produced using USOE data to the
212 USOE at least 10 business days prior to the public release.
213 B. Student information: Requests for data thatdisclose
214 student information shall be provided in accordance with the
215 Family Educational Rights and Privacy Act (FERPA), 34 CFR
216 99-31(a)(6); such responses may include:
217 (1) individual student data that are de-identified,
218 meaning it is not possible to trace the data to individual
220 (2) agreements with recipients of student data where
221 recipients agree not to report or publishdata in a manner
222 that discloses students’ identities. For example, reporting
223 test scores for a race subgroup that has a count, also known
224 as n-size, of less than 10 could enable someone to identify
225 the actual students and shall not be published;
226 (3) release of student data, with appropriate binding
227 agreements, for state or federal accountability or for the
228 purpose of improving instruction to specific student