Moms Alyson Williams, Jenni White, Alisa Ellis and Christel Swasey, of Utah and Oklahoma, chat in a Google Hangout about their concerns and experiences with government data mining children without parental consent.
Moms Alyson Williams, Jenni White, Alisa Ellis and Christel Swasey, of Utah and Oklahoma, chat in a Google Hangout about their concerns and experiences with government data mining children without parental consent.
There may be someone in America who has studied the education data collection scheme more than Jenni White of Restore Oklahoma Public Education. But I haven’t found that person. Here’s a video interview that Alisa, Renee and I filmed with Jenni this week.
Highlights:
What is the State Longitudinal Database System?
Why does every state track every citizen with the SLDS?
What is the P20 system?
Why did the federal government pay every state many millions to build the system?
Why did they require states to build interoperable systems if they were not to share data outside the state?
How do schools, prisons, hospitals and military agencies now share data?
Is this really just career path assistance or is it citizen surveillance?
Fox News interviewed Emmett McGroarty of the American Principles Project concerning recent, federal moves that allow federal access to the private information of students nationwide.
Things I am thinking as I watch this video:
First:
The Department of Education is, right now, in the middle of a lawsuit brought by another group, EPIC (Electronic Privacy Information Center). EPIC has alleged that the FERPA regulations that the Department made without Congressional approval violate student privacy law (by new redefinings of terms and by stretching definitions “past the breaking point” to allow access to data by almost anyone claiming to be an “authorized representative”–without any parental consent requirements by school administrators.) Not pretty.
Second:
Read this official statement from the Department of Education:
“Parents can rest assured that their children’s personal information is protected better now than it has ever been.” (This official statement is also read in this video clip.)
Third:
Emmett McGroarty responds to that statement:
“It’s important to note that these regulatory changes allow the sharing of data not just from department to department in both the federal government and state governments, but also —also— to private entities. So this is just a radical, radical change. I would beg to differ with the department’s response in that respect. ”
So would I.
To see the article that ignited the Fox news discussion: http://www.nypost.com/p/news/opinion/opedcolumnists/how_the_feds_are_tracking_your_kid_xC6wecT8ZidCAzfqegB6hL
The federal government uses lots of different agencies– but increasingly, schools– to track us. It’s citizen surveillance. But they call it research.
I wrote to the Utah State Office of Education a few months ago to ask a simple yes or no question: can my child attend public school without being specifically and individually tracked by name, school record, social security number etc.?
No. The answer was, no. Your child will always be tracked using personally identifiable information. But this will never be shared outside the State Office of Education, they assured me.
After studying the NCES website, the federal FERPA website, the lawsuit between E.P.I.C. and the Dept. of Education, the machinations of CCSSO’s John Brandt with the Utah Data Alliance, Open Education specialist Professor David Wiley’s statements about the necessity of gathering data without parental consent, and Dept. of Ed Chief of Staff Joanne Weiss’s statements on federal data-mashing and “helping” states to partner with data, I do not believe the USOE’s assurances. I wish I could.
Under agencies like “National Center for Education Statistics” and “Institute for Education Sciences” the federal government is asking schools to collect and share hundreds of data points about your school, your teachers, and yes, your child.
There’s a federal “Common Core of Data.” There’s a National Data Collection Model that asks for so much private information about each student, way, way beyond math and reading scores– it asks for family information, languages spoken, health information, extracurricular programs, social security numbers, bus stop descriptions— you name it. Right here: http://nces.ed.gov/forum/datamodel/eiebrowser/techview.aspx?instance=studentElementarySecondary There is even a private school survey– private, not government. On the federal data collection website.
If you start to talk about it with people, they’ll pat you on the head and say, “Oh, but FERPA law is here to protect you; it’s a groundless conspiracy theory.”
When they say that, please pat them right back on their own little heads and say, “Federal FERPA regulations were altered by the Department of Education quite recently. Now definitions have been rewritten and parental consent has been shoved aside: it’s an agenda. Not a theory, an actual, verifiable, factual agenda being pushed under the radar upon Americans who still think they are protected and free.” http://epic.org/apa/ferpa/default.html
If they haven’t walked away from you, talk on. Say, “Definitions that have been reshaped –loosened– by the Dept of Ed. without Congressional approval include such details as the term AUTHORIZED REPRESENTATIVE— now it could be literally anyone, anyone who is authorized to view your child’s personal information under federal FERPA regulation. Even a school volunteer can have access to a child’s personally identifiable data, including biometric, physical data like fingerprints or DNA. If parents have allowed the school to collect it. Unless our state FERPA can stand up to the federal FERPA.”
Your listeners will still find it hard to believe that this could be legal. Then take them to this federal 34 CFR Part 99 FERPA pdf page and type in the search terms “volunteer” or “biometric”:
http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf
The point: unless many of us look at this and talk about it, and then stand up and say, “No way” to the absolute flood of data-sucking agencies all around us, that are aiming to know everything about everyone, via data mashing and data sharing, we will lose our freedoms, we will lose our way of life as we have known it in the United States and elsewhere.
Bureaucracies of mass data-collection and sharing grow slowly but relentlessly. Will they build a web we can’t break by the time we think it’s time to fight back? Will we be intimidated by the clever sounding “government-speak” and the researchers’ arrogance?
Or will we take back our identities, our privacy, our freedom?
If you have time, just look at the words they use:
“The Common Core of Data (CCD) is a program of the U.S. Department of Education’s National Center for Education Statistics that annually collects fiscal and non-fiscal data about all public schools, public school districts and state education agencies in the United States. The data are supplied by state education agency officials and include information that describes schools and school districts, including name, address, and phone number; descriptive information about students and staff, including demographics; and fiscal data, including revenues and current expenditures.” http://nces.ed.gov/ccd/
“Policy Makers – If you are an LEA or SEA policy maker, focus on Chapters 1, 2, and 4 of the User Guide.
“Data Modelers – If you are coming from a background in other data model domains such as banking, healthcare, etc. and want to familiarize yourself with the education data model domain, read Chapter 3: How to use the Data Model. Review Appendix C: Common Attributes. Then go directly to the Education Data Model…”
Look behind you.
If you were taking a nice walk in the park and someone said, “Look behind you. There’a a fast moving river of hot lava coming your way,” you could call that person a liar or a mad conspiracy theorist and keep enjoying your walk.
–Or you could just take that one look behind you. What would it hurt to just turn your head and take a look? Do you really not want to know?
This is what I’m asking you to do.
Just look for yourself.
I borrowed 1984 and read it cover to cover this week.
It’s a well-written, totally alarming book. A screamingly important book.
It’s a powerful warning against socialism. It’s also a graphic, atheistic, violent book that doesn’t offer any ray of hope. So don’t read it if you haven’t. I’ll give you the summary.
Then I’ll share the quotes that remind me of Common Core education, and quotes that point to the new data collection by our state and federal government using our schools.
Summary:
Winston Smith lives in a society that has “progressed” past individual privacy and freedom. His job is to rewrite history regardless of what is actually true. There are no laws in this world; there is only the will of “Big Brother,” the all-knowing, all-powerful government.
In this world, “Big Brother” screens transmit and receive information in every room and alley, everywhere, 24/7. Screens cannot be shut off. Even unhappy facial expressions on someone’s face are cause for the “Thought Police” to come and delete an individual in the night. Children are encouraged to view public hangings and violent films, and to turn in their parents to “Big Brother” for unorthodox statements or actions parents might commit.
Winston commits the crimes of writing in a diary, of having a love affair, and of seeking to join a group of freedom fighters that he is not sure really exists. For these crimes, he is captured and tortured, rather than killed; the aim of “Big Brother” is not just to kill but rather to convert deviants like Winston. After severe, months-long torture and brainwashing, Big Brother succeeds in the conversion of Winston Smith. The last sentence of the novel is: “He loved Big Brother.”
Excerpts:
Excerpts that remind me of Common Core:
“Even the humblest Party member is expected to be competent, industrious and even intelligent within narrow limits…” p. 158
“Even the literature of the Party will change. Even the slogans will change. How could you have a slogan like ‘Freedom is Slavery’ when the concept of freedom has been abolished?” -p. 47
“The two aims of the Party are to conquer the whole surface of the earth and to extinguish once and for all the possibility of independent thought.” p. 159
“Newspeak is the only language in the world whose vocabulary gets smaller every year…the whole aim of Newspeak is to narrow the range of thought. In the end we shall make thoughtcrime literally impossible, because there will be no words in which to express it. Every concept that can ever be needed will be expressed by exactly one word, with its meaning rigidly defined and all its subsidiary meanings rubbed out and forgotten… Every year fewer and fewer words and the range of consciousness always a little smaller.” p. 46
“Power is tearing human minds to pieces and putting them together again in new shapes of your own choosing.” p. 220
Excerpts that remind me of the alteration of FERPA laws federally to take away parental consent over student data, and of the new free Common Core preschool system:
“Children will be taken from their mothers at birth, as one takes eggs from a hen.” p. 220
“Nothing was illegal since there were no longer any laws.” -p. 9
“There will be no loyalty except loyalty to the party… there will be no wives and no friends… there will be no art, no literature, no science… if you want a picture of the future, imagine a boot stamping on a human face forever” p. 220
“The only secure basis for oligarchy is collectivism…concentration of property in far fewer hands… the new owners were a group rather than… individuals… Everything– had been taken away from them and since these things were no longer private property, it followed that they must be public property… economic inequality has been made permanent.” p. 170
Excerpts that remind me of data privacy invasion, such as our new, federally granted, “State Longitudinal Database System” and “P-20” implemented by Utah:
“The Party is concerned…how to discover against his will, what another human being in thinking” -p. 159
“The telescreen received and transmitted simultaneously. Any sound that Winston made, above the level of a very low whisper, would be picked up by it; moreover, so long as he remained within the field of vision which the metal plaque commanded, he could be seen as well as heard… How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. You had to live– did live, from habit that became instinct– in the assumption that every sound you made was overheard…every movement scrutinized” pp. 6-7.
Excerpts that remind me of the USOE and the State School Board’s turning a deaf ear to teachers and parents who oppose Common Core:
“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.” – p. 69
“Doublethink means the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… Doublethink lies at the very heart of Ingsoc, since the essential act of the Party is to use conscious deception while retaining the firmness of purpose that goes with complete honesty. To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient…” pp. 176-177.
“Researches that could be called scientific are still carried out for the purposes of war, but they are essentially a kind of daydreaming and their failure to show results is not important.” -p. 163
“His heart went out to the lonely, derided heretic on the screen, sole guardian of truth and sanity in a world of lies.” p. 16
Excerpts that remind me of people who are not standing up and fighting against Common Core:
“They were like the ant, which can see small objects but not large ones.” -p. 79
“The Proles, if only they could somehow become conscious of their own strength, would have no need to conspire. They needed only to rise up and shake themselves like a horse shaking off flies.” – p.60
As I read and copied down these excerpts, I thought about the untruths and the trend toward collectivism that has become so popular among educators in D.C. –and I thought about the lies that have been promoted by proponents of Common Core, about its implementation without a vote, about its purposes, its history, its amendability, and its data-gathering on students without parental knowledge or consent. What do you think?
I didn’t make up this question: “Can FERPA and SLDS coexist?”.
It’s in a white paper written by ESP solutions group, called “Could FERPA halt your SLDS: A Mini-Guide That Explores Potential FERPA Roadblocks Disruptive to Your SLDS Project,”directed at state leaders who are attempting to data-mash their state agencies’ systems.
http://www.espsolutionsgroup.com/espweb/assets/files/Could_FERPA_%20halt_your_LDS.pdf
(I’m guessing readers of this document are people like Secretary of Education Arne Duncan, Dept. of Education Chief of Staff J. Weiss, Utah Technology Director John Brandt, Utah School Superintendent Larry Shumway, the USOE, and folks like Professor David Wiley. I add in Wiley because he’s partnered with USOE to write Common Core books and has publically said he is FOR going behind parents’ backs to get access to student data for research purposes.)
FYI- Data systems mashing and meshing is also soon to be done with federal data systems, not just state SLDS, according to a recent statement by J. Weiss, the Chief of Staff of the Department of Education.
The ESP white paper shows the disregard the movement has for individual privacy –calling privacy law, FERPA, a “roadblock”– and it shows the conflict the data-seeking SLDS/P-20 crowd feels toward traditional privacy law, such as the Congressionally approved and created FERPA as it was originally written in the 70’s by people who actually respected parental consent law and student privacy.
Remember, though, that the Dept of Education has altered FERPA to empower the data-mashing gang i.e., Arne Duncan, President Obama, John Brandt, Shumway, Weiss and Wiley. The Dept. of ED has been sued for doing so, by the Electronic Privacy Information Center (thank heaven and hope they win.)
What meaning do I make of it?
The good news is, FERPA still has the data-hungry, big-government educrats scared. Remember: state FERPA laws have not changed although federal regulations to FERPA did.
The bad news is, there are individuals and whole organizations like ESP or David Wiley, getting paid by our government (by us) to think of ways of getting around family privacy law so that without our consent, they can access private information– in the guise of caring for our students and with the good intentions of any non-elected, self-appointed stakeholder/decisionmaker over other people’s children.
http://www.espsolutionsgroup.com/espweb/assets/files/Could_FERPA_%20halt_your_LDS.pdf
Mr. Judd,
Thank you for taking the time last month to sit down with us as concerned citizens and listen to our concerns. As I told you last month I would not be expending a lot of energy pushing for public comment about this policy. It’s unfortunate that the board decided to write a “non-policy” when confronted with voices from their constituents. We are not misinformed nor ignorant. Many of the parents questioning these decisions are parents of some of your highest performing students. We value education, we value teachers, we value children, and we value freedom.
It is for these reasons that we are making your life and the board’s life a little more difficult. Being challenged is good because it causes one to think. Is there any merit to what we are saying? You and the board may not think so but there are voices all over the Country that share my concerns and no they are not all of the same political spectrum. This comment made me think: (from a Facebook discussion)
Alisa Olsen Ellis, what I find interesting and at the crux of your question is that right wing conservatives think socialism is behind CCSS, and left wing liberals think fascism (corporatism) is behind Ed Reform.
Is it a socialist movement? Is it “Common Core” as in “Communism”…which is extreme socialism? Is this part of Obama’s great socialist plan for the US: Obamacare and Obamacore? Will Common Core stifle innovation and the drive to succeed?
Or is this a Fascist movement? Is dismantling teacher unions and eliminating seniority the means to allow a nationalistic, authoritarian government? Is CCSS and the illusion of choice and vouchers an outward sign of intolerance. Do we keep hearing about rigor and skills as part of the need to discipline our nation’s children?
Which leads to me wonder, does it matter? The end result of either is slavery to an undemocratic system.
Please take the time to listen to concerned parents. We aren’t asking for much, really. Everyone from the district keeps telling us that they “would NEVER give out our children’s personally identifiable information”. All we’re asking is that Wasatch School District has a policy in place that reflects the above sentiments.
Wasatch School District will never give out personally identifiable information without the prior consent of the parents.
This pretty much covers everything. The medical form can have a check box on it where the parent gives permission for that information to be released in cases of emergency. Maybe this is too simplistic but you guys tried it so I thought why not, I should too.
Please take the time to read my comments from last month — they still apply and my opinion hasn’t changed.
Thank you,
Alisa Ellis
P.S. Parents keep telling me that they are being told that if they don’t like this or that they can always pull their kids out of school and homeschool or put them in a private school, etc. Is this really how we’re going to treat parents who have questions? Tell them to go away — regardless of where our children go to school, we are still tax paying citizens who have a voice in what happens in the public school system.
Previous 30-day comment period’s letter to the Wasatch School Board from Alisa:
From: Alisa Ellis <alisa.ellis@gmail.com> Date: Thu, Jun 14, 2012 at 12:01 PM Subject: FERPA comment To: vicci.gappmayer@wasatch.edu
To Whom It May Concern –
I want to first thank you for answering our request to put the FERPA policy revisions up for a thirty-day review. I want to make it clear that the intentions of my heart are far from contentious. I understand that you may not see it that way. I’ve avoided e-mail conversations because it is very hard to interpret tone and meaning through an email message. I would much prefer an open dialect. In this case that is not possible so I will do my best to put my thoughts down on paper.
A citizen asked me what I’m afraid of. Do I think a black car will start following my kids? This was tongue in cheek but an appropriate question. The answer is NO. I also believe the local administrators and board have the best of intentions and truly want to protect our children. What I ask of you today is to make sure that the policies that our district votes to adopt truly reflect the intent of your hearts.
It has been said that the FERPA revision was to protect our children. I recognize that as a citizen I cannot see the full scope of what was behind these changes but I can read the changes themselves. (Wasatch FERPA old & new)
The changes put into place in our local policy give more exceptions to the rule. In 9.2 it gives permission for “organizations conducting studies for specific purposes on behalf of schools.” I am not opposed to all studies but my children are not guinea pigs. Why on earth do organizations need my children’s personally identifiable information without my parental consent? It is my right as a parent to decide what studies I’d like my children to be a part of.
Further at the April 19th meeting the changes to number 3 were not mentioned. If I may make a suggestion I’d like to suggest that we as a district be more specific in our policy.
Who is an authorized representative? As defined in the Federal Register the term is somewhat vague. They state that they are doing this to streamline and protect children’s data but at the same time they are opening up our children’s personally identifiable data to just about anyone, as I see it. Please clearly define this term.
I spoke with Carol Lear who is the in-house attorney at the State Office of Education. She told me to just put a note in each of my children’s files stating that I do not allow Personally Identifiable Information to be released. That is not good enough for many reasons one of which is that in Appendix B of the Federal Register it lays out “certain rights” as a parent “with respect to the student’s education records.” In number 3 it then says “The right to provide written consent before the school discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent”. As you can see I have no power as a parent. The policy overrides that authority.
You may be thinking that we won’t let anything happen that is not in the best interest of our children here in Wasatch County. What I’m saying is that if the policy doesn’t clearly state your intentions you too may have no power just as my parental authority has been stripped. We need to stand together to protect our children as parents, citizens, and educational representatives.
Thank you,
Alisa Ellis
Heber City Resident
Further items to Consider:
Race to the Top for the District
This was just announced in May and the Executive Summary is out for review.
Page 13
Program Requirements
5. Work with the Department to develop a FERPA-compliant strategy to make all
implementation and student-level data (FERPA compliant) available to the Department or
its designated monitors, technical assistance providers, or research partners.
As I see this it is now circumventing the State office of Education and our district, if we apply, would be beholden to the Federal Department of Education be required to send them whatever information they ask for.
Recovery Plans from 2010 – i.e. Stimulus Bill
STATEWIDE DATA SYSTEMS RECOVERY PLAN
1. Program Purpose:
The purpose of assistance under this program is to enable State educational agencies to design, develop, and implement
statewide, longitudinal data systems to efficiently and accurately manage, analyze, disaggregate, and use individual student
data. In addition, the program may support awards to organizations to improve data coordination.
First the good news:
Check out the hundreds of comments written in response to the invitation to submit commentary to the federal CEP. You will find an overwhelming number who do not want the federal government to create federal unit tracking for individuals.
Notable pro-privacy comments came from moms and dads and teachers, from the Future of Privacy Forum, the Parent Coalition for Student Privacy, the American Civil Liberties Union, United States Parents Involved in Education, The Electronic Privacy Information Center, the American Principles Project, and many others.
(There are small and big groups who proclaim that creating a federal unit tracking system is a great idea, for various (less vital) reasons. Privacy, schmivacy, they say: just overturn the student record ban. Bill Gates. The U.N. There’s one group that calls itself “The Young Invincibles” that released a Student Agenda for Postsecondary Data Reform calling for collecting data on all students directly to the federal level.)
FYI, this fight– for and against removing privacy rights– is not new. Three years ago, privacy-enders were, for various reasons, pushing for a bill (Senator Rubio’s and Senator Warner’s) that would have done exactly what the CEP is aiming to do right now. See this 2013 article on what Bill Gates’ think tanks and Rubio/Warner had planned.
Some now wonder if the federal CEP commission will try to hijack well-intentioned bills, such as Rep. Mia Love’s Know Before You Go bill, in order to achieve their privacy-ending scheme.
Here’s the bad news:
Even though there were SO many comments given to the CEP commission stating, like this classic: “Our personal information is not for your use. Keep your hands off of it. This is just plain wrong. Stop it.” –Still, public comments are only public comments. There is nothing in the law that created the CEP commission (less than a year ago, CEP was created by Paul Ryan and company) that states that the CEP has to respect the wishes of the people who send in public comments. That’s what happens when you allow appointees to run the show. The public has no actual recourse, no voting power, when it hates how this appointee-driven show is being run.
So tell your senators and reps.
They do have power.
And privacy is huge. It’s basic to American freedom. Remember that part in the fourth amendment to the Constitution about being safe from intrusion in our papers and personal effects?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Fifth Amendment further protects property (and privacy):
“No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Do something small. Write one letter. Make one phone call. Tell your representatives that you expect them to represent your will on this. We have to defend our rights; no one else cares if we don’t care.
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