Archive for the ‘Data Privacy is a Right Schools Must Not Violate’ Category
Jane Robbins and Jakell Sullivan co-authored this article at Townhall.com, which is reposted here with permission. Please note the links to learn more.
In May 2014, conservative columnist George Will warned that Common Core represented the “thin edge of an enormous wedge” and that “sooner or later you inevitably have a national curriculum.”
Will’s concern is now closer to realization. One lever the U.S. Department of Education (USED) may use to hasten this outcome is the #GoOpen Initiative, through which USED will push onto the states Common Core-aligned online instructional materials. These materials are “openly licensed educational resources” (Open Educational Resources, or OER) – online resources that have no copyright and are free to all users. Utah is part of the initial consortium of states that will be collaborating in #GoOpen.
#GoOpen is part of a larger global and federal effort to institute OER in place of books and traditional education (in fact, USED appointed a new advisor to help school districts transition to OER). More disturbingly, another part of this scheme increases the federal government’s ability to monitor and track teacher and student use of these online resources – and perhaps even influence the content.
This outcome could result from a related, joint USED-Department of Defense initiative called the Learning Registry. The Registry is an “open-source infrastructure” that can be installed on any digital education portal (such as PBS) and that will facilitate the aggregation and sharing of all the linked resources on the Registry. The idea is to “tag” digital content by subject area and share on one site supposedly anonymous data collected from teacher users (content such as grade-level, recommended pedagogy, and user ratings). That way, Registry enthusiasts claim, teachers can find instructional content to fit their particular needs and see how it “rates.”
Putting aside the question whether USED should push states into a radical new type of instruction that presents multiple risks to students and their education (see here, here, and here), the Learning Registry threatens government control over curriculum. Here’s how.
USED has proposed a regulation requiring “all copyrightable intellectual property created with [USED] discretionary competitive grant funds to have an open license.” So, all online instructional materials created with federal dollars will have to be made available to the Registry, without copyright restrictions.
[Federal law prohibits USED from funding curricular materials in the first place, but this Administration’s violation of federal law has become routine.]
The Registry will compile all user data and make “more sophisticated recommendations” about what materials teachers should use. So federal money will fund development of curricular materials that will be placed on a federally supported platform so that the feds can make “recommendations” about their use. The repeated intrusion of the word “federal” suggests, does it not, a danger of government monitoring and screening of these materials.
And speaking of “user data” that will fuel all this, the Registry promises user anonymity. But consider the example of Netflix movie ratings, in which two researchers were able to de-anonymize some of the raters based on extraordinarily sparse data points about them.
Despite Netflix’s intention to maintain user anonymity, its security scheme failed. How much worse would it be if the custodian of the system – in our case, USED – paid lip service to anonymity but in fact would like to know who these users are? Is Teacher A using the online materials that preach climate change, or does he prefer a platform that discusses both sides? Does Teacher B assign materials that explore LGBT issues, or does she avoid those in favor of more classical topics? Inquiring bureaucrats want to know.
In fact, in a 2011 presentation, USED’s bureaucrat in charge of the Registry, Steve Midgley, veered awfully close to admitting that user data may be less anonymous than advertised. Midgley said, “[Through the Registry] we can actually find out this teacher assigned this material; this teacher emailed this to someone else; this teacher dragged it onto a smart board for 18 minutes. . . .” [see video below]. The Registry will also use “the math that I don’t understand which [will] let me know something about who you are and then let me do some mathematical operations against a very large data set and see if I can pair you with the appropriate relevant resource.”
Sure, all this will supposedly be done anonymously. But teachers should hesitate to embrace something that could possibly reveal more about them than they bargained for.
USED would protest that this is all hypothetical, and that it would never abuse its power to influence teachers and control instructional content. But with this most ideological of all administrations, denials of ill intent ring hollow (remember Lois Lerner?). If the power is there, at some point it will be used. Never let an “enormous wedge” go to waste.
Thank you, Jakell Sullivan and Jane Robbins, for this eye-opening report.
In case you missed the rally speeches and missed the Fox News report, here begins a series of posts featuring the speakers at this week’s rally at the state capitol, where Utah voters had the opportunity to hear from candidates for Utah State School Board.
The rally was entitled “Elevating Education: Common No More”.
Radio host Rod Arquette introduced each school board candidate speaker and the gubernatorial candidate Johnathan Johnson. Each speaker declared that Utah can elevate education beyond the Common Core.
The first video shows Dr. Gary Thompson‘s speech; below is the text version of that speech. (Other candidates’ speeches will be posted soon.)
Text of Dr. Thompson’s speech:
Communities are judged by how well they treat the most vulnerable children amongst them.
If given the honor of representing parents and teachers as a State Board Member, I will only ask four questions regarding any policies placed in front of me regarding our children and students:
1. Does the policy conform to industry standard ethical practices?
2. Does the policy allow ground level parental control and teacher choice?
3. Are stealth psychological evaluations and data collection being performed on children without your knowledge and informed consent?
4. Is the policy based on “Voodoo-Pseudo Science”, or independent, peer reviewed research?
Our School Board’s failure to view education policy via these four principles has resulted in 12 dangerous realities in place in Utah public schools:
I call them the “Dirty Dozen”:
1. Lawmakers recently deemed the SAGE test invalid for teacher evaluations, yet did nothing to protect our most vulnerable children from the same flawed test.
2. Many Utah Standards are developmentally inappropriate for our younger children.
3. Not one independent developmental psychologist was active in writing Utah K-3 Educational Standards.
4. The test used to measure knowledge of Utah Standards, the SAGE test, has never been independently validated to measure academic performance.
5. Without parental knowledge and informed written consent, Utah schools are collecting our children’s most intimate cognitive, behavioral, emotional, and sociological information.
6. Utah’s test vendor, AIR, is currently using Utah public school children as “experimental lab rats”, as part of the largest, non consensual, unethical, experimentation ever performed on Utah soil.
7. Performing unethical, experimentation on Utah’s children place many of them at risk for serious emotional, behavioral and cognitive damage.
8. Common Core special education practices are harmful, not based on sound science, and put our divergent learning students at risk for suicide. Utah has one of the highest youth suicide rates in the Country.
9. The Utah State Board of Education does not have effective policies in place requiring technology vendors to follow ethical and privacy guidelines, designed to protect parents and children from exploitation and harm.
10. Student data security and privacy is a myth.
11. Utah’s Preschool and Kindergarten programs are not supported by independent, peer-reviewed research.
12. Utah’s adoption of the Common Core Federal mandate to have ALL Kindergartners reading, as opposed to emphasizing play, is abusive, and flies in the face of 75 years of child developmental research.
Since the advent of Common Core, the Board of Education, and the Utah State Office of Education, have dismissed “The Dirty Dozen” as “dangerous misinformation”, and have accuse parents like me of spreading fear into the community.
Today I draw a line in the sand, and for the sake of my children and Community, I ask State School Board Chairman Dave Crandall to do the same.
The contrasts between us could not be more evident.
One of us will protect your children….
One of us is dangerously wrong.
In Exchange, I challenge Chairman Crandall to publicly acknowledge the existence of “The Dirty Dozen”, as THE most pressing, dangerous assault on parental rights, teacher autonomy, and child safety present in Utah Public Schools.
If Chairman Crandall ignores this, and ignores this challenge, I believe he is not fit to serve another term representing our children, and I respectfully request for him to immediately drop out of the election.
I ask the next Governor of this State, sitting on this stage; I ask Governor Johnson to place the destiny of the next generation of children into the hands of local parents and our talented ground level teachers, as opposed to catering to technology special interest groups, who now own many Utah lawmakers.
I ask parents to demand that our education leaders base their decisions on ethics, and the rule of constitutional law, as opposed to agenda based, harmful mandates being forced upon our children via the U.S. Office of Education, and adopted without question by the Utah State Office of Education, and the State Board of Education.
I close from a quote from an American who was buried yesterday in Kentucky, Muhammad Ali. His example and courage inspired my father to pursue a dream of becoming one of America’s first generation of black medical doctors in modern history:
“Impossible is just a big word thrown around by small men who find it easier to live in the world they’ve been given, than to explore the power they have to change it.
Impossible is not a fact…. It’s an opinion.
Impossible is not a declaration…. It’s a dare.
Impossible is potential…Impossible is temporary….Impossible is nothing.”
Thank you for your time and consideration. May God bless this great, and truly exceptional Nation.”
Dr. Thompson’s campaign website link is here: http://www.vote4drgary.com/#!Dr-Thompsons-Utah-CapitolTown-Hall-Speech/b8v6m/575b6c780cf24c9615a7f130
Early voting begins tomorrow, and voting ends June 28th. Please vote wisely. No elected position in this state affects your children and your family more than the state school board position.
Governor Herbert surprised a lot of people this week, including me.
After spending the past six years promoting, marketing, and providing workforce alignment strategies to serve Common Core, and after rising to the throne of Common Core’s organization, National Governors Association, to become its chair, and after going out of his way to have the Utah Attorney General provide “proof” that Common Core supposedly represented local control– after all of this, Herbert has now turned his back on the Common Core and has written a letter to the State School Board, asking it to move away from Common Core.
The media in Utah say that they are “puzzled” and confused. Not me. I’m doing the happy dance!
Regardless of the Governor’s motives in this election year, regardless of the possibility that Utah might just endure a wasteful rebranding effort that could redeliver Common Core under a new name (as many other states, have done and done and done) –I still see this letter from Governor Herbert as a home run for the freedom team.
Read it. The letter admits that Common Core is not an example of local control, that it is the federal will, and that it damages local control –of testing, data collection, curriculum and instruction.
The letter asks the board to keep these principles in mind while it moves away from Common Core: 1) maintain high academic standards; 2) keep the federal government out of educational decisions in Utah; and 3) preserve local control of curriculum, testing, data collection and instruction.
It also says, “Just as important as the actual educational standards is the process by which we arrive at those standards. This should be a Utah process with public comment and discourse.” It continues, “…[W]e all understand the shortcomings of a one-size-fits-all approach. It is imperative that any new standards are flexible enough to allow a wide variety of curricular decisions by individual school districts …I believe that our teachers need more freedom to be creative in the classroom.”
Well, those words are a surprise, and a miracle, to me.
Some people are suspicious because the governor’s in the middle of his re-election campaign, while his challenger, has been extremely successful with voting delegates because of his staunchly anti-Common Core stand. I was there when the governor got booed by a crowd over well over 1,000 delegates at the Utah County GOP Convention last month, when he spoke about Common Core; I know he is under campaign pressure, but he didn’t have to do this! He knew it would make him look like a fair-weather politician. He knew that most of those who are already voting for the more-conservative Johnson won’t change their minds and that those who already support Herbert won’t likely change their minds. So why did he really do it?
Maybe a key to why the governor wrote this letter is in its closing paragraph. His own children and grandchildren do not like the Common Core. The letter says, “I have eleven grandchildren in Utah public schools. I have seen firsthand the frustration they and their parents have had…”
What grandfather can stand up to his own grandchildren’s lobbying efforts against the Common Core? So he caved, in a good way. He’s publically admitted that Common Core is academically miserable and politically for socialists.
I cannot see this letter as anything but great news.
So what’s next? What will the Utah State School Board do?
I don’t think it can get away with yet another meaningless rebranding job. The now-somewhat-savvy Utah public won’t stand for that, knowing what so recently happened to Utah’s previously-good science standards, or knowing what happened when Oklahoma, Arizona, New Jersey, Tennessee, Indiana, and other states passed Common Core repeal laws that resulted in nothing better, but common core 2.0 (under new names). To the dismay of those who actually wanted freedom and autonomy beyond the federal 15% no-change alignment “suggestion”, better standards didn’t actually mean, better standards. But we have the advantage of other states’ errors to learn from today.
The letter didn’t spell out every problem with education reform. For example, it didn’t say, “Let’s finally permit parents to opt children out of the federal/state data data monitoring system SLDS“.
But I don’t see the federal SLDS (Utah’s federally-provided student data mining system, which came to Utah alongside Common Core) very much longer reading “long life and happiness” in its fortune cookie. Why? Too many Utahns are aware that common data standards and common academic standards were a package deal from day one. Utah legislators recently passed bills that took protective action on student data privacy– taking a stand against the opposition’s national data-mining-and-monitoring movement. The governor will not be able to sidestep SLDS, even if he wants to. SLDS didn’t need to be in the letter because it’s on everyone’s mind.
One of my happiest thoughts, after seeing this letter, has been thinking about the countless Utah teachers and administrators who have previously not felt free to speak their minds about Common Core. The governor’s letter, in many ways (and unintentionally, perhaps) helps to reclaim freedom of speech to Utah educators. While educators opposed to Common Core have mostly remained quiet or anonymous, some of those who have not, have been bypassed, mistreated or branded as “insubordinate” for speaking out– for refusing to pretend to like Common Core –either academically or politically. Some have even been pushed to resign.
But now, if even the reigning governor is saying he’s not happy about the Common Core –academically nor in terms of lost local control– then finally, perhaps, any teacher or principal can pipe up, too.
So, this letter is very good news.
Thanks, Governor Herbert.
Here’s a must-read, new article at Townhall.com (here) by Emmett McGroarty and Jane Robbins, “Why Does Your Congressman Want to Psychologically Profile Your Children?”
The article begins:
“If the GOP-led Congress had not done enough damage to public education by passing the statist Every Student Succeeds Act (ESSA), it’s poised to make things even worse. The new threat is theStrengthening Education Through Research Act (SETRA). If SETRA passes in its current form, the federal government will be empowered to expand psychological profiling of our children. Parents must understand this threat so they can mobilize to stop it.”
It also states: “Section 132 of SETRA expands authorized research to include ‘research on social and emotional learning [SEL] . . . .’
“SEL is defined as ‘the process through which children . . . acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.’ SEL is all the rage in public education…”
“…SETRA would authorize the federal government to sponsor research on these social and emotional attributes. This means the government may analyze a child’s psychological makeup…”
Another important point:
“…even if there were real, measurable educational value in analyzing every child’s psyche, do members of Congress really believe government has any business doing this?… SETRA also allows the approved bureaucracy to ‘establish . . . cooperative education statistics systems for the purpose of producing and maintaining . . . data on early childhood education, elementary and secondary education, postsecondary education, adult education…‘”
The article concludes: “SETRA passed the Senate on a voice vote and now awaits action in the House. House members, take note: A vote for SETRA in its current form is a vote for psychological profiling of innocent children. It’s bad enough that so-called conservatives in Congress voted for ESSA; it will be unforgivable if they vote for SETRA.”
Read the entire article at Townhall.com.
Call US Congress at 202-224-3121 to influence your elected representatives.
Student privacy rights are improving in Utah! Utah HB 358 passed and was funded this legislative session.
This is very happy news for many who have been extremely concerned about the lack of proper privacy protections in our state and country. Although the bill does not provide any opt-out ability for any student from the State Longitudinal Database System, which we’ve been asking for, for four years straight, it it does take important steps in the right direction.
The bill imposes some important restrictions on how information collected by school/government systems about a student can be stored, shared, and used. It also makes the Utah law much more protective than federal FERPA (which, as you know, was deliberately damaged by the USDOE in 2009 so that it is not protective of student privacy as it had been when first written by Congress decades ago.)
In HB 358, line 472, the new law defines who owns the data. The student.
472 (1) (a) A student owns the student’s personally identifiable student data.
(Not the “village”.)
The bill also defines three types of personally identifiable data: necessary, optional, and prohibited.
For example, under “necessary” data, the bill names:
316 (a) name;
317 (b) date of birth;
318 (c) sex;
319 (d) parent contact information;
320 (e) custodial parent information;
321 (f) contact information;
322 (g) a student identification number;
323 (h) local, state, and national assessment results or an exception from taking a local,
324 state, or national assessment;
325 (i) courses taken and completed, credits earned, and other transcript information;
326 (j) course grades and grade point average;
327 (k) grade level and expected graduation date or graduation cohort;
328 (l) degree, diploma, credential attainment, and other school exit information;
329 (m) attendance and mobility;
330 (n) drop-out data;
331 (o) immunization record or an exception from an immunization record;
332 (p) race;
333 (q) ethnicity;
334 (r) tribal affiliation;
335 (s) remediation efforts;
336 (t) an exception from a vision screening required under Section 53A-11-203 or
337 information collected from a vision screening required under Section 53A-11-203;
Under “Prohibited data” which schools and third parties may not collect, the bill name:
806 …administration to a student of any psychological or psychiatric
807 examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information… concerning the student’s or any family member’s:
811 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of
812 the State Board of Education, political philosophies;
813 (b) mental or psychological problems;
814 (c) sexual behavior, orientation, or attitudes;
815 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
816 (e) critical appraisals of individuals with whom the student or family member has close
817 family relationships;
818 (f) religious affiliations or beliefs;
819 (g) legally recognized privileged and analogous relationships, such as those with
820 lawyers, medical personnel, or ministers…
Thank you, Representative Anderegg.
Read the rest of the bill here.