- Does every state have a federally funded, interoperable State Longitudinal Database System that tracks people throughout their lives? Yes.
- Is the SLDS accessible by the federal government? Yes.
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
- 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:
- 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.
- How does this affect parents?
“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?
- How can we get free of this system?
- What else is at stake?
- 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.
- Are teachers also to be studied like guinea pigs, along with students? Yes.
- How does Common Core relate to the federal and corporate data collection movement?