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Senator Markey: Letter to Arne Duncan Questioning Student Data Collection Practices   9 comments

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Democratic Massachusetts Senator Edward J. Markey has written a vital letter to U.S. Secretary of Education Arne Duncan about the loss of student privacy under new education reforms. The Senator asks the Secretary eight great questions. My favorite is question #2.a): “Should parents, not schools, have the right to control information about their children?”

Senator Markey’s full letter is posted below. Please share it with your senators and with your state superintendents, who may, by their connection to the Council of Chief State School Officers (CCSSO) and its partnership with the U.S. Department of Education, have sway in getting to real answers more quickly.

Markey letter on data

October 22, 2013

The Honorable Arne Duncan
Secretary
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202

Dear Secretary Duncan:

The efficient collection, analysis and storage of K-12 students’ academic records holds promise for improving scholastic performance and closing the achievement gap. By collecting detailed personal information about students’ test results and learning abilities, educators may find better
ways to educate their students. However, putting the sensitive infomation of students in private hands raises a number of important questions about the privacy rights of parents and their children.

According to a recent article in The New York Times (“Decidir1g Who Sees Students’ Data”, October 5, 2013), a growing number of school districts are outsourcing data storage functions to private companies. This change, the companies assert, will “streamline access to students’ data to bolster the market for educational products”. While better analysis of student reading may, for example, help educators better target the appropriate reading materials to students, disclosure of such information, which mayr extend well beyond the specific private company hired by the school district to a constellation of other firms with which the district does not have a business relationship, raises concerns about the degree to which student privacy mayI be compromised.

Moreover, as the article cited above also explains, sensitive information such as students’ behavior and participation patterns also may be included in files outsourced to third-party data firms and potentially distributed more widely to additional companies without parental consent.

Such loss of parental control over their child’s educational records and performance information could have longstanding consequences for the future prospects of students.

Recent changes to the Family Educational Rights and Privacy Act (FERPA) permit “schools to share student data, without notifying parents, with companies to which they have outsourced core functions like scheduling or data management,” according to the Times article. The infomation shared with private companies mayr vary from infomation such as grades, test scores, and attendance records, to other sensitive data such as disability, ­family relationships, and
disciplinary data.

In an effort to understand the Department’s views on the impact of increased collection and distribution of student data on their privacy, I respectfully request that the Department provide answers to the follow questions:

1) In 2008 and 2011, the Department issued new regulations with respect to FERPA that addressed how schools can outsource core functions such as scheduling or data management and how third parties may access confidential information about students. These changes also permit other government agencies that are not under the direct control of state educational authorities, such as state health departments, to access student infomation. Please explain those changes.

a. Why did the Department make these changes?

b. Did the Department perform any analysis regarding the impact of these changes on student privacy? If yes, please provide it. If not, why not?

2) Has the Department performed an assessment ofthe types of infomation that are shared by schools with third party vendors, including but not limited to Contact information, grades, disciplinary data, test scores, curriculum planning, attendance records, academic subjects, course levels, disabilities, family relationships, and reasons for enrollment? If yes, please provide it. If not, why not?

a. Should parents, not schools, have the right to control infomation about their children even when their data is in the hands of a private company?

b. Do you believe that parents should have the right to choose which infomation is shared by schools with third party vendors and which is kept confidential?

In other words, is it the Department’s view that some elements of personal data are more sensitive than others, and therefore deserve greater protections?

2) Has the Department issued federal standards or guidelines that detail what steps schools should take to protect the privacy of student records that are stored and used by private companies? For example, are there guidelines about access to the information, how long it can be retained, hcw it will be used, whether it will be shared with other parties (including but not limited to colleges to which students apply), and if it can be sold to others? lf yes, please provide those standards 0r guidelines. If not, why not and will the Department undertake the development and issuance of such guidelines?

4) Are there minimization requirements that require private companies to delete information that is not necessary to enhance educational quality for students?

5) Do students and their families continue to have the right to access their personal infomation held by private companies as they would if their personal information were held by educational institutions? If yes, please explain how students and families may exercise this right and how they should be informed of the existence of this right. If not, why not?

6) While there are significant potential benefits associated with better collection and analysis of student data, does the Department believe that there also are possible risks when students’ personal infomation is shared with such ñrms and third parties? If yes, what is the Department doing to mitigate these risks? If not, why not?

7) Does the Department require entities that access student data to have security measures in place, including encryption protocols or other measures, to prevent the loss of or acquisition of data that is transferred between schools and third parties? What security measures does the Department require that private companies have in place to safeguard the data once it is stored in their systems?

8) Does the Department monitor whether these third parties are safeguarding students’ personal infomation and abide by FERPA or guidelines released by the Department? If yes, please explain. If not, why not?

Thank you for your attention to this important matter. Please provide written responses to these questions no later than November 12, 2013. If you have any questions, please have a member of your staff contact Joseph Wender on Senator Markey’s staff at 202-224-2742.

Sincerely,

Edward J. Markey
United States Senator

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Thank you, Senator Markey.

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Utah Student Tracking in Edweek Article   1 comment

http://blogs.edweek.org/edweek/on_innovation/2013/08/utah_personalizes_learning_with_portable_records.html

This week, an Edweek article focuses on Utah’s “robust” data collection system and portable “backpack” records that track students. The article doesn’t mention the fact that parents were never asked whether they wanted their children to be tracked (stalked) by the government. Nor does it mention the fact that parents have no recourse to opt out of this state surveillance program. (I know this because I asked and got a response from the State School Board.)

The article also fails to mention word one about the federal shredding of FERPA law (Family Educational Rights Privacy Act) that takes away the parental consent requirement and makes students sitting ducks for snoopy vendors, federal snoops and virtually any snoop who calls himself an “authorized representative”. Check out the lawsuit against the Federal Department of Education for more on that.

The article does expose the fact that “In addition to demographic information, state testing data, and supplementary student supports” new recommendations will be “tracking additional information” which has long being sought from numerous federal education agencies. Here and here and here.

And Utah law has created “data backpacks” so all student data is in one place. Here’s the lead to that article:

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Utah Personalizes Learning With Portable Records

By Tom Vander Ark on August 7, 2013 9:25 AM Coauthored by Robyn Bagley and Tom Vander Ark

In October, Digital Learning Now! published Data Backpacks: Portable Records & Learner Profiles . The paper makes the case for portable academic K-12 transcript that follows students grade to grade and school to school. In addition to demographic information, state testing data, and supplementary student supports, the paper recommended tracking additional information in order to represent a more holistic picture of student achievement–such as a gradebook of standards-based performance data and a portfolio of personal bests–and better capture the student’s progression at any moment in time. Since this data would follow students to each new learning experience, learning could be tailored to meet their individual needs from the first lesson rather than the extra time teachers must spend diagnosing student needs and abilities.

Robyn Bagley, Parents for Choice in Education, saw the paper and knew Utah’s existing data system infrastructure gave them a big head start on a portable record. She talked to a champion of Ed Tech policy and personalized learning, Senator Jerry Stevenson who agreed to sponsor a bill. Together they were able to knock out this groundbreaking legislation in one session, placing Utah schools one step closer to tailoring education to the individual needs of the student by providing those closest to them with access to meaningful data.

The Student Achievement Backpack bill, Utah Senate Bill 82, was signed into law in March. It provides for access by a student’s parent/guardian or school/district to the electronic record. The bill gives schools until June 30, 2017 to fully incorporate the expanded record into their student information system.

When fully implemented, The Student Achievement Backpack will use cloud-based technology to create a common Student Record Store. Senate Bill 82 implementation will occur in three phases:

•Phase one creates a cloud-based repository for all grades.
•Phase two functionality will expand the data collected from student information systems into the Student Record Store.
•Phase three will ensure final mobility integration of all required data collected in the Student Record Store into all LEA student information systems; and made available to all authorized users in an easily accessible viewing format to include administrators, teachers and parents no later than June 30, 2017.

… Utah has one of the most robust longitudinal data collection systems in the nation due to federal grants adding up to nearly $15 million plus an investment of over $6 million appropriated by the Utah Legislature…

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Read the rest here:

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