Archive for the ‘student privacy is a right’ Tag

HB 358: Protecting Student Privacy Rights in Utah   2 comments

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.

Hearingless Congressional Vote Scheduled for S227 – Children Losing Privacy – SETRA Bill   8 comments

The press release below came out today, February 23, 2015, from Kate Bryan at American Principles in Action.

I have not read this bill.  When I do, I will write about it.  

The vote is scheduled for two days from now… so read, please, and comment here and to your reps and senators.   I am posting this ASAP because I received it from Emmett McGroarty of American Principles Project, whom I trust as an honest leader in preserving parental rights and Constitutional liberty.  

Here’s a link to this huge data collection bill.

stealth assessment baby

 

                               

CONTACT: Kate Bryan

American Principles in Action     

202-503-2010

kbryan@americanprinciplesproject.org

                                           

 Congressional Leadership Attempting to Ram Child Data Collection Bill Through Congress

Washington, D.C.–American Principles in Action is calling on Congress to oppose S.227, the Strengthening Education through Research Act (SETRA), which would violate the privacy of millions of students and parents.

SETRA is scheduled to be voted on Wednesday, February 25th in the U.S. House—even though the Senate has not yet voted on the bill. Congressional leadership intends to call a vote on the matter in both the House and the Senate this week, despite neither body holding a hearing on the bill.

“SETRA is dangerous legislation that would expand federal psychological profiling of children through expanding research on ‘social and emotional learning,’” said Jane Robbins, Senior Fellow at American Principles in Action.  “It would facilitate sharing of education statistics across states and agencies. It would continue to rely on the now-gutted FERPA statute to protect student data. SETRA must be defeated to protect student privacy rights.”

Emmett McGroarty, Director of Education at American Principles in Action, said, “Leadership is betraying the Constitution and the American people by rushing this bill through. Having so blithely disrespected the American people, it is difficult to see how they will ever regain their trust.”

American Principles in Action’s concerns with SETRA are three-fold:

1.) SETRA reauthorizes ESRA, the Education Sciences Reform Act, first passed in 2002, which facilitates intrusive data collection on students. ESRA began the idea of state longitudinal databases, which created the structure that would facilitate a de facto national student database. ESRA also eliminated previous penalties for sharing and otherwise misusing student data.

2.) SETRA allows for psychological profiling of our children, raising serious privacy concerns. Section 132, page 28 of SETRA: “…and which may include research on social and emotional learning, and the acquisition of competencies and skills, including the ability to think critically, solve complex problems, evaluate evidence, and communicate effectively…”

This means the federal government will continue to promote collection of students’ psychological information. APIA does not support allowing the federal government to maintain psychological dossiers on our children.

3.) SETRA depends on FERPA to protect student privacy, legislation that is now outdated and has been gutted by regulation. FERPA, the Family Educational Rights and Privacy Act, passed in 1974, and is no longer sufficient to protect student privacy in the age of technology. Even worse, the Obama Administration gutted FERPA so that it no longer offers the protections it once did.

American Principles In Action is a 501(c)(4) organization dedicated to preserving and propagating the fundamental principles on which our country was founded. It aims to return our nation to an understanding that governance via these timeless principles will strengthen us as a country.

For further information or to schedule an interview with Jane Robbins or Emmett McGroarty, please contact Kate Bryan at American Principles in Action at 202-503-2010 or kbryan@americanprinciplesproject.org.

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