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Alabama School Board Fights For Childrens’ Privacy   3 comments

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Betty Peters of the Alabama State School Board is fighting for the privacy rights of children in Alabama by requesting documentation about what types of information is currently being disclosed without parental consent, and to whom.

Below are draft versions of the requests.

For more information about the shredding of parental rights under previously protective federal FERPA laws, see the lawsuit currently raging against the Department of Education, brought by the Electronic Privacy Information Center. I have written about this issue previously as have many other people.

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Memo to Alabama State Board Members:

Since there is a debate without documentation about the use of data on our students of whether personally identifiable data is released on our students, we must request the following documents to clarify and end this discussion. Once we have documents that would substantiate the use of redisclosure of data, personally
identifiable information, PII, that the US Department of Education now allows under FERPA, we can better resolve the issues and take steps to protect our children in the state of Alabama. I am requesting and demanding that all documents requested herein, be given to each State Board Members and legislators, and only then, can we make decisions to protect our students and their families. All meetings and debates should be tabled until documents are received from the Department, and/or under the Freedom of Information Act that will prove one way or another, that will substantiate whether personally identifiable information can be used or not be used without the informed written permission of parents. These documents will provide the basis of our decisions and requests to our legislators of what should be done to protect student privacy.

Sincerely,

Betty Peters

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Request for Documents, Written Agreements, Cooperative Agreements

RE: Redisclosure of Personally Identifiable Information on Students According to 99.31 of the Family Education Rights and Privacy Act, FERPA Unknown to Parents and Legislators

Request the Cooperative Agreements between the US Department of Education and Partnership for Assessment of Readiness of College and Careers, PARCC, and Smarter Balanced Assessment Consortium, to determine the use of redisclosed personally identifiable information, PII, used to evaluate individual students toward Common Core Standards.

Request the Cooperative agreement with the Department of Education allowing Florida to be the fiscal agent for each of the states in the PARCC consortium. Request the Cooperative Agreement with the Department of Education allowing Washington to be the negotiating partner for each state in the Smarter Balanced Assessment consortium.

Request the Memorandum of Understanding between Washington state as the negotiating partner, and WestEd, the project management partner, that has access to redisclosed personally identifiable information, PII, for each state in the Smarter Balanced Assessment Consortium.

Request the Memorandum of Understanding between Florida, and Achieve, Inc., Florida as acting fiscal agent for the PARCC consortium and Achieve, Inc as project management partner. Please submit all written agreements allowing access to redisclosed personally identifiable information , PII, for each state.

Request any written agreements, memorandums of understanding, or cooperative agreements Alabama or other states not using PARCC or Smarter Balanced Assessment, has with the US Department of Education, ACT (Aspire, Explore, or Plan,) and/or Pearson, that has access to redisclosed personally identifiable information, PII,
used to evaluate individual students toward Common Core Standards.

Request any written agreements, memorandums of understanding, or cooperative agreements with other contractors who have been given redisclosed PII on student data to develop curriculum, computer adaptive digital software, and/or any testing development. These “school officials” may be identified as private sector contractors, consultants, volunteers, or other parties to whom an agency or institution has outsourced services or functions, including, non-profit organizations, corporations, or businesses to develop curriculum and/ or computer adaptive resources for individual students. These contractors may include Microsoft, Pearson, Houghton Mifflin Harcourt, ETS, & ACT. Please submit any written agreements that allow access to PII, which was unlocked by order of President Obama, Office of Science and Technology Policy Executive Office of the President, January 19, 2012

Request the purchase agreement and amount for each written agreement between any “school official” and the US Department of Education, PARCC, and/or Smarter Balanced Assessment, for the purchase of obtained redisclosed data on personally identifiable information, PII, on individual students to develop curricula or computer
digital programming or testing materials.

Request any Requests for Proposal, RFP, or Written Agreements between any private sector working group, defined as a “school official” in FERPA, 99.31, including PARCC, Smarter Balanced Assessment, Wested, or Achieve, ACT or ETS, who are developing and expanding Common Core Standards to new individualized criteria to ”
improve instruction”, called, CCCR, College Career Citizenship Readiness, in which Citizenship, measures dispositions. Source: http://www.ccsso.org/Documents/ILN%20Knowledge%20Skills%20and%20Dispositions%20CCR%20Framework%20February%202013.pdf

Request any memorandums of understanding or cooperative agreements to test and measure disposition test items that are ” difficult to measure” and may infringe on personal privacy rights, violate federal law for redisclosing psychological information without informed written parental consent.

Request any memorandums of understanding or cooperative agreements that may be used as identifiers for interventions for changing dispositions or improving instruction, without the informed written consent of the parent violating privacy laws, personal liberty, and illegal access to mental health criteria.

Request sample test items or test blueprints with scoring criteria that will measure dispositions and values in the new College Career Citizenship Ready Standards, CCCR, that are being introduced to the Common Core Standards by the CCSSO.

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Working Draft:

Put this letter in writing to clarify requests:

Since there is a debate without documentation about the use of data on our students of whether personally identifiable data is released on our students, we must request the following documents to clarify and end this discussion. Once we have documents that would substantiate the use of Redisclosure of data, personally identifiable information, PII, that the US Department of Education now allows under FERPA, we can better resolve the issues and take steps to protect our children in the state of Alabama. I am requesting and demand that all documents requested herein, be given to each State Board Member, and only then, can we make decisions to protect our students and their families. All debates should be tabled until documents are received from the Department, and/or under the Freedom of Information Act that will prove one way or another, that will substantiate whether personally identifiable information can be used or not without the written permission of parents. These documents will provide the basis of our decisions and requests to our legislators of what
should be done to protect student privacy.

Other questions to be answered:

Was Congressional authority given to expand FERPA regulations concerning redisclosed access of data and the flow of personally identifiable information, PII to outside contractors?

Which federal law expanded FERPA to include all outside contractors as “school officials” to have access to personally identifiable information, PII,on students without the informed written consent of parents or legislators?

Why was the Hanson Memorandum rescinded in the ‘‘direct control’’ requirement contained in the policy guidance on authorized representatives allowing the flow of personally identifiable information to outside organizations, corporations, non-profits, and business to have access to personally identifiable information, PII?

Request the Presidential Executive Order providing that FERPA regulations were to be revised and changed to unlock data and allow re-disclosure of personally identifiable information, PII, to outside contractors.

Do outside contractors pay for the data? Examples:

• If outside for-profit contractors are developing tests, assessments, curriculum, or computer software to meet individual specific outcomes aligned to the Common Core Standards, including non-cognitive areas called dispositions, do these contractors pay for the data or intellectual property rights taken from individual students to research and develop testing, assessments, curriculum, and adaptive software to be re-sold to
states and individual schools for use in the classroom?

• If non-profit contractors are developing tests, assessments, curriculum, or computer software to meet individual specific outcomes aligned to the Common Core Standards, including non-cognitive areas called dispositions, do they pay for intellectual property rights? Are they violating their non-profit status to make a profit when these items that they are developing are re-sold to states and individual schools
for use in the classroom?

• Are individual states co-contributors to Redisclosure of PII?

• Is the National Center for Education Statistics co-contributors to Redisclosure of PII?

Whitehouse Unlocks Data:see source http://www.whitehouse.gov/sites/default/files/microsites/ostp/ed_data_commitments_1-19-12.pdf

FERPA sections allowing Re-Disclosure of PII

§ 99.31 Under what conditions is prior consent not required to disclose information?

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following conditions:

(1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution

whom the agency or institution has determined to have legitimate educational interests.

(B) A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party—

( 1 ) Performs an institutional service or function for which the agency or institution would otherwise use
employees;

( 2 ) Is under the direct control of the agency or institution with respect to the use and maintenance of

education records; and ( 3 ) Is subject to the requirements of § 99.33(a) governing the use and redisclosure of personally identifiable information from education records.

§ 99.31(ii) Paragraph (a)(5)(i) of this section does not prevent a State from further limiting the number or
type of State or local officials to whom disclosures may be made under that paragraph.

(6)(i) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:

(A) Develop, validate, or administer predictive tests;

(B) Administer student aid programs; or

(C) Improve instruction.

Superintendent Joseph Rella’s Rally Against Common Core Propels Movement to Stop Common Core in New York State   6 comments

Superintendent Dr. Joseph Rella made a big, bold splash today when he led the unprecedented rally against Common Core as a school district leader.

Dr. Rella’s letter to legislators, his phone call to parents, the rally he held at his high school football stadium today, and his statement that he is willing to risk losing his job if Common Core is not to be given the boot, are huge hits to the federalcorporate takeover of education, known as Common Core.

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Dr. Joseph Rella led today's rally against Common Core in New York.

Dr. Joseph Rella led today’s rally against Common Core in New York.

Parents at today’s rally provided the photos that documented the rally.

Joseph Rella’s phone message to the parents of his district went viral within hours of its release. That message is quickening the rate at which the truth about Common Core is seeping out past the Common Core facade, despite federal promotion and despite millions of marketing dollars that Bill Gates has spent pushing the agenda on businesses, teachers, the PTA, politicians and the general public.

For those who want to get involved: a strong parent-led movement called Stop Common Core in New York State has planned a public forum for next month, which is free and open to all interested attendees.

The parent-led movement emphasizes the fact that this is not about being on the Left or the Right of the political spectrum. In fact, the Stop Common Core in New York State website opens up with a red, white and blue graphic that says, “It’s not about Left or Right. It’s about Liberty.”

Stop Common Core in NY’s forum in September will include a variety of speakers from CATO Institute, Pioneer Institute, American Principles Project, Seton Hall University, Education New York, and parents/teachers:

RENEE BRADDY

In Renee’s own words “I live in Highland, Utah with my patient and supportive husband and our 8 year old daughter and 3 year old son. I count it as one of my greatest blessings that I am fortunate enough to be a stay at home wife and mother. I graduated with a teaching degree from Brigham Young University and taught at Canyon Crest Elementary for 9 years. I have a love for education and children. Over the last couple of years as I have devoted countless hours researching Common Core, my life has been turned upside down and my laundry has often piled higher than I care to admit. I have felt compelled to protect my children and hopefully along the way inspire others”. Her continued commitment and perseverance to keeping education at a local level is what she has been fighting for not only for her children but for your children as well. Be sure to watch her video below where she discusses the role of the government and education and where it should **really** be — at the local level NOT the Federal. http://www.youtube.com/watch?v=piczxpQdul8

ALISA ELLIS

Alisa Ellis is a mother of seven children ranging from pre-k to 10th grade. She and her husband currently live in the beautiful Heber Valley. In the Spring of 2011 she became concerned with apparent changes in her children’s curricula and has spent countless hours researching and presenting her findings in public forums, radio appearances, and meetings. She touches not only parents who live in Utah but parents nationwide especially with this video. http://www.youtube.com/watch?v=CI0XjBzsIfM

Alisa holds a Bachelor of Science degree in Family, Home and Social Sciences.

JAMIE GASS

Pioneer Institute’s Director of the Center for School Reform. At Pioneer, he has framed and commissioned over 60 research papers on education reform topics. Jamie has more than two decades of experience in public administration and education reform at the state and municipal levels. Previously, he worked at the Massachusetts Office of Educational Quality and Accountability as Senior Policy Analyst-Technical Writer and in the state budget office under two Massachusetts governors. In the 1990s, Jamie worked for the Dean of the Boston University School of Education/Boston University Management Team in its historic partnership with the Chelsea Public Schools. He has appeared on Boston media outlets: WBZ’s Nightside with Dan Rea, WRKO’s Tom & Todd Show, WBZ’s Keller at Large, WGBH’s Callie Crossley Show, WBUR, as well as talk radio across the country. He has been quoted in The Economist, Education Week, and The Boston Globe, and his op-eds are regularly published in The Boston Herald, The Worcester Telegram & Gazette, The Lowell Sun, The Providence Journal, other regional newspapers, as well as pieces in magazines, such as Education Next and City Journal. Jamie speaks on school choice, academic standards, and school district accountability at events throughout the country. He earned a Bachelor of Arts in International Relations from Boston University.

SHEILA KAPLAN

A longtime independent education researcher, publisher, consultant, program developer, and advocate for students’ rights. Sheila founded Education New York Online in 2005 as a one-stop website for state and national education news, research on information policy and children’s privacy rights, and issues in education. In 1997 Sheila founded Education New York, at the time the only independent education publication in New York. Sheila has brought state and national attention to the issue of children’s privacy rights under federal education law and has identified gaps in the system that leave students vulnerable to breaches of their personal privacy. She has consulted with federal officials on making the Federal Education Rights and Privacy Act of 1974 (FERPA) more responsive to the 21st century challenges of protecting students’ education records in the electronic information age. Sheila’s comments submitted in May 2011 to the U.S. Department of Education on the proposed amendments to FERPA focused on the failure of the proposed rules to adhere to the highest standards of practice in protecting students’ privacy and confidentiality. (http://www.educationnewyork.com/)

NEAL MCCLUSKEY, Ph.D.

Neal McCluskey is the associate director of Cato’s Center for Educational Freedom. Prior to arriving at Cato, Neal served in the U.S. Army, taught high school English, and was a freelance reporter covering municipal government and education in suburban New Jersey. More recently, he was a policy analyst at the Center for Education Reform. He is the author of the book “Feds in the Classroom: How Big Government Corrupts, Cripples, and Compromises American Education”, and his writings have appeared in such publications as the Wall Street Journal, Baltimore Sun, and Forbes. In addition to his written work, Neal has appeared on C-span, CNN, the Fox News Channel, and numerous radio programs. Neal holds an undergraduate degree from Georgetown University where he double-majored in government and English, a master’s degree in political science from Rutgers University, and a Ph.D. in public policy from George Mason University. (http://youtu.be/oo13VIX2aTg)

EMMETT McGROARTY, ESQ.

The Executive Director of the Preserve Innocence Initiative at the American Principles Project. Preserve Innocence works to protect parental rights and to promote government policies that protect the innocence of children and to fight those policies that drive a wedge between the parent-child relationship. It is working to stop the federal education takeover. Emmett has provided commentary and analyses on the federal education takeover and its affronts to the underpinnings of our democratic republic. Emmett received his bachelor’s from Georgetown University and his Juris Doctorate from Fordham School of Law. (http://americanprinciplesproject.org/)

CHRISTOPHER H. TIENKEN, Ed.D

Christopher Tienken, Ed.D. is an assistant professor of Education Administration at Seton Hall University in the College of Education and Human Services, Department of Education Management, Policy, and Leadership. He has public school administration experience as a PK-12 assistant superintendent, middle school principal, director of curriculum and instruction, and elementary school assistant principal. He began his career in education as an elementary school teacher. He is currently the editor of the American Association of School Administrators Journal of Scholarship and Practice and the Kappa Delta Pi Record. – See more at: http://christienken.com/

School Data Collection Facts Summary   45 comments

 
  • Does every state have a federally funded, interoperable State Longitudinal Database System that tracks people throughout their lives?  Yes.
Every state has accepted 100% federally funded data collection (SLDS). The Data Quality Campaign  states:  “every governor and chief state school officer has agreed to build statewide longitudinal data systems that can follow individual students from early childhood through K-12 and postsecondary ed and into the workforce as a condition for receiving State Fiscal Stabilization Funds as part of the American Recovery and Reinvestment Act (ARRA).  A condition of getting the funding (ARRA money) was that the system would be interoperable.
  • Is the SLDS accessible by the federal government?  Yes.
The SLDS grant explains that the SIF (state interoperability framework) must provide interoperability from LEA to LEA, from LEA to Postsecondary, from LEA to USOE, and from USOE to the EdFacts Data Exchange.  The EdFacts Data Initiative is a “centralized portal through which states submit data to the Department of Education.”

The P-20 workforce council exists inside states to track citizens starting in preschool, and to “forge organizational and technical bonds and to build the data system needed to make informed decisions” for stakeholders both in and outside Utah. — http://www.prweb.com/releases/2012/2/prweb9201404.htm

Is personally identifiable student information gathered, or only aggregate group data?  Personal, identifiable, individual data is collected.
  • Many of us in Utah were present last summer when UT technology director John Brandt stood up in the senate education committee and testified that there are roughly twelve people in the state of Utah who have access to the personally identifiable information of students which is available in the Utah Data Alliances inter-agency network of student data.  So it is not true that we are talking about only aggregate data, which leaders often insist.  The Utah School Board confirmed to me in writing, also, that it is not allowed for any student to opt out of the P-20/ SLDS/ UDA tracking system, (which we know is K-workforce (soon to include preschool) citizen surveillance.)
  • Is the collected private student data accessible to agencies beyond than state education agency?  Yes:
There are state data alliances that connect agencies.  The Data Quality Campaign states:states must ensure that as they build and enhance state K–12 longitudinal data systems, they also continue building linkages to exchange and use information across early childhood, postsecondary and the workforce (P–20/workforce) and with other critical agencies, such as health, social services and criminal justice systems.”
  • What data will be collected?  According to the new FERPA regulations, pretty much anything.  Social security numbers, psychometric and biometric information (see pg. 4 and 6) are not off the table.   According to the National Data Collection model, over 400  points.  Jenni White mentioned another federal model that asks for thousands of data points.
The types of information that the Department will collect includes biometric information (DNA, fingerprints, iris patterns) and parental income, nicknames, medical information, extracurricular information, and much more. See page 4 at  http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf and see http://nces.sifinfo.org/datamodel/eiebrowser/techview.aspx?instance=studentPostsecondary
  • How does this affect parents?
Data linking changes being made in regulations and policies make former privacy protection policies meaningless. The Electronic Privacy Information Center (EPIC) sued the Dept. of Education, under the Administrative Procedure Act, arguing that the Dept. of Ed’s regulations that changed the Family Educational Rights and Privacy Act in Dec. 2011 exceeded the Department of Education’s authority and are contrary to law. http://epic.org/apa/ferpa/default.html
The Federal Register outlines, on page 51, that it is not now a necessity for a school to get student or parental consent any longer before sharing personally identifiable information; that has been reduced to the level of optional.

It is a best practice to keep the public informed when you disclose personally identifiable information from education records.”  http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf

Dec. 2011 regulations, which the Dept. of Education made without Congressional approval and for which they are now being sued by EPIC, literally loosen, rather than strengthen, parental consent rules and other rules.  http://www.jdsupra.com/post/documentViewer.aspx?fid=5aa4af34-8e67-4f42-8e6b-fe801c512c7a

The Federal Register of December 2011 outlines the Dept. of Education’s new, Congressionally un-approved regulations, that decrease parental involvement and increase the number of agencies that have access to private student data: http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf (See page 52-57)

Although the Federal Register describes countless agencies, programs and “authorities” that may access personally identifiable student information, it uses permissive rather than mandatory language.  The obligatory language comes up in the case of the Cooperative Agreement between the Department of Education and the states’ testing consortium http://www2.ed.gov/programs/racetothetop-assessment/sbac-cooperative-agreement.pdf

Effectively, there is no privacy regulation governing schools anymore, on the federal level.  Khalia Barnes, a lawyer at EPIC disclosed that these privacy intrusions affect not only children, but anyone who ever attended any college or university (that archives records, unless it is a privately funded university.)

  • Why did the Dept. of Ed need to alter FERPA regulations?

To match their data collection goals (stated in the Dept. of Ed cooperative agreement with testing consortia) which contracts with testing consortia to mandate triangulation of tests and collected data. This federal supervision is illegal under G.E.P.A. law and the 10th Amendment).   http://www2.ed.gov/programs/racetothetop-assessment/sbac-cooperative-agreement.pdf

  • Who can access collected data?
The National Data Collection Model (the federal request for what states ought to be collecting) represents 400 data points schools should collect and “it is a comprehensive, non-proprietary inventory… that can be used by schools, LEAs, states, vendors, and researchers”.  Vendors are already using this.
  • How can we get free of this system?
Jenni White of ROPE (Restore Oklahoma Public Education) states that the only way to get free of this federal data collection invasion is to put political pressure on our governors to give that ARRA money back.  As long as we keep it, we are in data collection chains by the federal government; also, our increasing buy-in to common core exacerbates the educational tech scam on the corporate side. Dept. of Education infringements upon state law and freedom are explained in the white paper by Jenni White entitled “Analysis of Recent Education Reforms and the Resulting Impact on Student Privacy”  –  http://www.scribd.com/doc/94149078/An-Analysis-of-Recent-Education-Reforms-and-the-Resulting-Impact-on-Student-Privacy
  • What else is at stake?
Sheila Kaplan has provided expert testimony about the student data collection, but has also said that an educational data monopoly is an issue, too.  She explains that a group exists, including Bing, Yahoo, Microsoft, etc., that assigns high or low attention to content and directs internet traffic.  So if code uses hashtags and common core aligned taxonomies, your education data will get traffic.  If not, it won’t.  If you are searching for any educational data it won’t come up unless it’s using that coded taxonomy.  This wrecks net neutrality and is, in her educated opinion, an anti-trust issue of the internet. She mentioned the CEDS, (common element data system) that is ending net neutrality.  She also finds appalling the Learning Registry, funded by the Department of Defense and the Department of Education, which is a place for teachers to advertise for common core aligned products– all using stimulus money.
  • Why did the Dept. of Ed redefine FERPA’s meaning of the term “educational agency” to include virtually any agency and redefine “authorized representative” to mean virtually anyone, even a “school volunteer?

When FERPA is weak, linking of data allows easy access to data, both technologically and in terms of legal policy.  It also trumps other laws, such as HIPPA.  For example, as both Gary Thompson and Jenni White have pointed out, the new, weak FERPA law takes precedence over HIPPA (patient privacy) when medical or psychological services are provided in schools or when educational services are provided in jails.

In that document, states are obligated to share data with the federal government “on an ongoing basis,” to give status reports, phone conferences and other information, and must synchronize tests “across consortia”. This triangulation nationalizes the testing system and puts the federal government in the middle of the data collecting program.

For understanding of the motivation of the federal government, read some of US Dept. of Education Arne Duncan’s or Obama’s speeches that show the passion with which the federal agency seeks access to data to control teachers and educational decisions. http://www2.ed.gov/news/speeches/2009/06/06082009.pdf
  • Are teachers also to be studied like guinea pigs, along with students? Yes.
The Common Core of Data (CCD) is another federal program of data collection that studies TEACHERS as well as students.  It calls itself  “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/
The system also allows the governments to track, steer and even to punish teachers, students and citizens more easily. http://cte.ed.gov/docs/NSWG/Workforce_Data_Brief.pdf
  • How does Common Core relate to the federal and corporate data collection movement?
 Chief of Staff Joanne Weiss at the Dept. of Education has been publicly quoted saying that “data-mashing” is a good idea.  Secretary of Education Arne Duncan gives speeches calling for “more robust data.” And at the recent White House Datapalooza, the CEO of eScholar stated that without Common Core tests being “the glue” for open data, this data movement would be impossible.
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