Archive for the ‘Wasatch School District’ Tag

You Are Invited:
Monday at Wasatch School District – April 8th at 4:00 p.m.
101 E 200 N Heber City, UT 84032 (435) 654-0280
Presentation on Common Core Assessments:
American Institutes for Research (AIR) Tests
Utah children will be subjected to Common Core tests for the first time this coming school year, to be provided by the behavioral scientists at American Institutes for Research (AIR).
Children in every public and charter school in 46 states will be subjected to AIR’s (or SBAC’s, or PARCC’s) Common Core tests for the first time in the 2013-14 school year.
So on Monday I will drag myself to hear the Utah State Office of Education leadership speak about the Common Core tests and test company here in the Wasatch School District.
I dread Monday. I dread more evidence of how cemented we are becoming into the Common Core via its testing, which is the vehicle for federal and corporate data mining. (Data mining of our children will go into fifth gear as testing begins.)
I dread hearing more lies and misrepresentations by education leaders about the cure-all snake oil of Common Core. Many don’t realize that they are lying; they are trusting people who haven’t done their own homework and don’t even know that the Common Core is an experiment on our kids unsupported by empirical study. In repeating the false phrases that our too-trusting local leadership has been handed by D.C. groups, our locals are guilty, too, of naiively promoting false claims.
I dread experiencing more evidence of my lack of voice as a Utah teacher and as a citizen. I know I will not be allowed to speak Monday. Our local school board does not give local citizens the courtesy of even two minutes’ time for a citizen or teacher to stand up and raise concerns.
The state school board does allow two minutes per visitor at state meetings. But not the local.
Should I speak anyway, and let them call the police to drag me to jail for exercising my freedom of speech about this important issue? I’m so tempted.
But I’m here to talk about AIR tests.
I have not done that much research on AIR because it’s so hidden; it’s hard to find out much. I will share what my research friends and I have found as we simply read the AIR website, the AIR facebook page, and email our state superintendent and board.
Of itself, AIR says: “AIR is one of the largest behavioral and social science research organizations in the world… AIR’s purpose is to conduct and apply behavioral and social science research… with a special emphasis on the disadvantaged… ”
So, Utah’s using behavioral and social science research –to give math and English tests. We are going to conduct and apply behavioral research on Utah children, with special emphasis on a disadvantaged group, without causing neglect to those lucky enough not to be labeled disadvantaged, somehow.
Moving on. Let’s look at the leadership hierarchy of AIR. Right after the CEO and the Director of Longitudinal Analysis comes a committee of people creating tests. After that committee comes another whole committee to develop education. I am sure this cannot mean developing model curriculum because we were promised that Common Core would be limited to guidelines and standards, and the USOE never lies. Right?
On its website, right under the CEO, the AIR leadership lists Jane Hannaway, Director of the Analysis of Longitudinal Data in Education Research.
Translation: Ms. Hannaway’s job is to analyze children’s lifelong data, as collected by the state and by the ongoing common core tests.
FYI, this information will be held in the state’s longitudinal database system and shared among the many agencies in our Utah Data Alliance –not just education agencies, but workforce and other agencies. And it may be shared federally, too. All without parental consent.
Don’t believe me? Study it yourself. Read the SLDS grant conditions. Read the Utah Data Alliance press release. Read the Dept. of Ed Cooperative Agreement with other testing consortia. It’s all online. (Wow. It was online. I just checked and they’ve taken away the online Cooperative Agreement from the Dept. of Ed website. But if you click on the link, you’ll be able to read most of it because I pasted much of it on the blog.)
Superintendent Martell Menlove told me in an 2-14-13 email that:
“We will not see each individual test but we will see and review every test item. Every test item, as required in Utah Code will be reviewed by a 15 member parent committee… We will develop an adaptive test that has the main purpose of providing academic achievement data…” -Martell Menlove
State School Board member Joel Coleman wrote to me in an email that “Our children will be tested on academics.” So we can expect that the tests will not test psychometrics or behavior– despite AIR’s main focus as behavioral and social science testing research? I hope, I really hope, that’s true. But we’re already pushing the creepy SHARPE surveys in our local schools. So why wouldn’t we add AIR behavioral/psychometric testing? And then there’s the legislative language about behavioral assessments in the tests. (See below)
I asked Mr. Menlove and Mr. Coleman to clarify something else. I wrote:
“I am grateful that the test questions can be read by at least 15 Utah parents. I wish it were more. [Isn’t it illegal to have tests that all parents cannot view?] What still remains unclear is how Utah will avoid the influence of the AIR when the AIR makes the test. I am referring to AIR’s mainstreaming of globalism (as opposed to constitutional Americanism); promoting two-spiritedness, transgender, gay and lesbian, and such issues published as priorities on AIR’s website.”
To this email I did not get a response.
Why? Why don’t our state educational leaders see any red flags or causes for concern?
I think there are several reasons. One problem is that the state school board and superintendent are extremely trusting of all education reformers; they don’t do extensive homework as my research friends and I do, and they don’t know what is now obvious to us.
Example: both the state superintendent and school board member felt that only academics will be tested. But in a bill that was held in committee, SB69 http://le.utah.gov/~2013/bills/sbillint/SB0069.htm in the paragraph about the computer adaptive testing that will be administered by AIR, it reads:
“line 66 – (d) the use of student behavior indicators in assessing student performance”
So, even if Mr. Coleman and Mr. Menlove aren’t aware of the psychological profiling aspects of the testing, someone who helped write this bill felt it important to include this in the written statute that would govern assessments.
The same bill set up a 15-parent (appointed, not elected) panel to review the test questions for all grade levels on behalf of ALL the parents in the state.
Do we realize how many questions are in a database pool for each grade level for each test in a computer adaptive testing system?
“…computer-adaptive testing (in which items are geared to the student) requires a larger and better-designed pool of test items than does traditional testing… High-stakes tests will require a larger pool of items—likely 1,600 or more—than low-stakes tests, which might require closer to 200,” explains Mark D. Reckase, a professor of measurement and quantitative methods at Michigan State University. http://blogs.edweek.org/edweek/curriculum/2011/05/computer-adaptive_testing_pose.html
So 15 unpaid parents, without any expertise in how “behavioral indicators” are applied to tests, will review upwards of 12,000 questions? Reckase reviews the process of creating and adding questions to a computer adaptive testing pool, which in scope sounds prohibitive to the resources Utah has assigned to this and may likely result in our using the same test questions created for AIR under the Smarter Balanced Assessments Consortium that are reviewed and controlled by the federal government.
We don’t want any more one-line assurances; we would like the people who are responsible for submitting our children to these tests to show some deeper understanding of the technology, the processes for creating the tests and the sheer enormity of the undertaking before they assure us that Utah remains “in control.”
AIR really does come with indoctrination strings attached and our leaders don’t want to think deeply about their intended and unintended consequences of AIR’s stated positions, such as:
Twenty Percent of Children are Mentally Ill ?
Our leaders must surely have seen that the AIR company website takes the stance that a huge percentage of children are mentally ill and need to be treated that way: “…One in five children and adolescents (20 percent) may have a diagnosable mental health disorder,” says AIR.
Every Nation’s Ed. Standards Should be the Same?
Utah leaders must surely have noticed that the AIR company also believes that every nation should adopt the same education standards. “We are currently working to benchmark individual state tests to international standards,” AIR’s site states.
The Disadvantaged or Nontraditional Student is More Important?
Utah leaders must have noticed that AIR takes the position that it is not local or parental prerogative, but a “public health issue” to test and assist “disadvantaged” children, defined as most children— the mentally ill (which they call 1/5 of all kids); and the gay, lesbian, transgender, two-spirited, or bisexual.
What about math and English? Why are we talking about the disadvantaged in an academic testing setting anyway? Is this more of Obama’s redistribution plan, using schools, as outlined in his For Each and Every Child report and in his counselor, Linda Darling-Hammond’s writings on social justice and forced financial equity?
Another issue: test start-up costs are $39 million dollars, according to the Salt Lake Tribune.
Why waste money on the socialist AIR company and common core tests, when we need that money for legitimate learning goals, like buying desks and pencils and actual (not Pearson electronic) books and increasing teachers’ salaries?
And why is the public being told, rather than asked? After the fact.
Utah did not have to choose AIR. Why did we? Does AIR represent Utah’s values or goals? I do not think so.
A wise Utah leader has written: “Schools should be reminded that their primary field of competence is academic, not social adjustment, or world citizenship, or sex education. Parents should stand firm on this and not be intimidated by ‘professional educators.’ After all, it’s their children and their money.” -Ezra Taft Benson, “An Enemy Hath Done This” p. 232
Do parents want a company of psychologists to store test results in a database for which there are no laws governing how long data can be stored, how it can be used or with whom it can be shared?
One last issue for those who want to study this further: AIR is partnered with SBAC, with Linda Darling-Hammond, with George Soros, and with many, many, many other groups that are frighteningly socialist or anti-American.
Please write to our governor, legislators, and school boards. Tell them we want out of Common Core, out of the AIR/Common Core testing, the SLDS data mining, common core aligned textbook adoption, and the unvetted and unreasonable financial waste.
Here’s the state school board’s email address: Board@schools.utah.gov
The AIR presentations will be happening statewide. Find your area’s scheduled presentation event on the USOE website. Or call them at (801) 538-7500.
– – – – – –
Alyson Williams and Morgan Olsen contributed to this report.
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Dear Wasatch School Board,
I may pull out my hair and run screaming from the room if it is apparent in this Thursday’s school board meeting –as it was at the last meeting– that the board has not done any meaningful research on the facts concerning federal FERPA, and that the board remains Constitutionally ignorant, believing that the federal government has more authority than the state and local government and local district/parents have, over our own children and our children’s private data.
To be very, very clear: The Federal Register outlines, on page 51, that new federal FERPA altered regulations make it no longer a necessity for a school to get student’s or parent’s consent before sharing personally identifiable information; that action has been reduced to OPTIONAL by the Dept. of Education. There is no parental consent requirement nor any meaningful privacy regulation governing schools anymore, from the federal level.
Wasatch School District has a moral obligation to do better than the federal law is doing.
Even the USOE’s Brenda Hales gave out a paper on FERPA that shows (page 3) that the federal FERPA uses “permissive” language. This means we need to fortify our local privacy policy because the federal FERPA would permit almost anyone access to students’ private, identifiable information.
I highly recommend that the new district policy should state that parents will always be asked before the district shares any personally identifiable information with anyone outside the district.
Christel Swasey
——————————————————————————————-
By the way, blog readers: if you live in the Heber Valley and have not yet written an email to the board for this 30-day public comment period, please do. Yes, I know they ignored us the last time, but Vicci Gappmayer retired last month and James Judd, her replacement, is much more reasonable and open to public input. Email him at james.judd@wasatch.edu .
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I am happy that James Judd is the new director of human resources at Wasatch School District because he is an open-minded man. He took over two hours yes
terday, to listen and to discuss the possibility of writing a more parent-friendly, “fed-wary” FERPA policy, and he also discussed the Common Core math sequence with me and four of my mom/teacher friends.
The sad news: he explained why my daughter lwas taught nothing in her 9th grade Common Core math this year.
There is “a bubble” of repetition, he said, for 6th graders and 9th graders. This is because Algebra I used to be taught to 8th graders before Common Core came, and now it’s taught to 9th graders. Yes, you read that right. (See the mathematician’s review that explains this in detail –pg 14 and 26-28) http://pioneerinstitute.org/pdf/120510_ControllingEducation.pdf
The same repeater “bubble” thing happens for the 6th grade kids, with their 6th grade Common Core math. So Mr. Judd freedly admitted that for these groups of kids, Common Core just repeats a year of math. That’s the implementation process of Common Core. It makes me wonder how long it will take before parents start screaming. Why did we never get to vote whether or not we’d do Common Core? Why are we all forced to dumb our kids down? And when is the truth going to be publicized by the USOE or the USSB or the Dept. of Education or the CCSSO or the National Governor’s Association?
I wish the State School Board would have been more honest with us. I wish instead of sending out fliers claiming increased rigor and higher standards, http://www.schools.utah.gov/core/DOCS/coreStandardsPamphlet.aspx
—they would have admitted that for many kids, Common Core math is going to be a step down. Equality doesn’t always mean a step up.
I’m going to write to the local and state school boards about this. Board@schools.utah.gov
Will you?







Here’s the email for the Utah state school board again: Board@schools.utah.gov
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Dear Citizens of Heber Valley, Please direct comments about FERPA and the importance of family privacy protection to the Wasatch School Board and District Officials at: “JAMES JUDD” <james.judd@wasatch.edu>, “VICCI GAPPMAYER” <vicci.gappmayer@wasatch.edu>, “TERRY SHOEMAKER” <terry.shoemaker@wasatch.edu>, “ANN HORNER” <ann.horner@wasatch.edu>, “DEBBIE JONES” <debbie.jones@wasatch.edu>, “WILMA COWLEY” <wilma.cowley@wasatch.edu>, “BLAIK BAIRD” <blaik.baird@wasatch.edu>, keith.johansen@wasatch.edu.
Here’s the public comment I submitted today:
Dear Wasatch School District,
Very few citizens will contact you during this 30-day period of public comment on the new, short, FERPA policy. Why? Last month, the board received many, many letters, but apparently, Vicci Gappmayer led the board to ignore us all and to do the exact opposite of what people had asked the board to do, which was to strengthen parental authority over children’s personally identifiable data.
Ms. Gappmayer said publically that she felt offended by the flier that citizens, including me, helped to put out, and she called it sensational and misleading. It was not sensational or misleading. It was entirely truthful and accurate and was based on parental care for children’s privacy.
The district could have avoided a flier even needing to be published if it had not refused the request, unreasonably, to simply send out a districtwide email or newsletter or robocall, informing the public of the public comment opportunity.
Ms. Gappmayer’s new, dramatic rewrite of the district FERPA policy deleted all mention of parental consent or of personally identifiable information and can be seen as a deliberate attack on those parents and citizens who sent out the flier. This is unfortunate.
Regardless of anyone’s personal feelings, this district deserves a meaningful FERPA policy. The new district policy is so vague and short that it amounts to no meaningful policy nor protection.
The board should not let go of its right to have a meaningful district policy. The district should have a strong, meaningful policy that offers protection beyond minimal requirements.
Please understand the importance of having a strong district policy. Being “obedient to law” is not as simple as it may appear. Our local role is not as simple as being obedient, as a child is obedient to parents, because in this case, the parents (state FERPA v. federal FERPA) are fighting, and one of the parents (federal) is schizophrenic about whether FERPA will loosen or strengthen federal access to personally identifiable data.
Having a state school board and a local school board provides checks and balances on the federal Dept. of Education dictating all policy.
The fact that the executive branch did not run their FERPA changes by Congress for approval, this January, sheds doubt on the legality of the federal FERPA regulations that this district is so eager to obey. The fact that Larry Shumway said not to change your FERPA to avoid getting sued, should have been a consideration. The Wasatch board disobeyed the State Superintendent in writing this new, short FERPA.
We collectively have allowed the feds to become almost an educational dictatorship. So we are truly in a complex time. But that doesn’t mean we have to treat the Dept. of Education as if they really hold the right that they’ve assumed, to dictate every step that we, as a school district, make. We need to be smarter than that.
Having a vague, short, unprotective policy can have terrible repercussions for this community. Think of what could happen if we didn’t have a strong and meaningful FERPA policy. If the Department of Education were to change FERPA regulations again, without congressional approval, again, as they did in January– and this time, they wrote, “Regardless of parental consent, all children will have their fingerprints, photographs and blood samples sent to a D.C. database and have their hands microchipped, to ensure accountability and efficient access for educational testing,” this district’s new, short, policy would enforce it. No parent would be asked for permission.
I do not agree with the lawyer who said that each of the FERPA policies we have looked at in the past few months, were just fine. That lawyer does not care about our children like we do. He is here as a paid employee to give legal advice, but his heart is not in it, as mine is and as (I hope) yours are. He was wrong when he said any of the policies are fine. Maybe legally they were all fine, but morally they were not. There were different levels of parental involvement and consent. There were different levels of federal ease of access to local data and to personally identifiable data. He was looking only on the surface. I am more concerned than he was, and so I am asking you to rewrite this FERPA policy to reflect that care.
This district should take a stand and determine for itself what its standards will be as far as it can discern and assert its right to do so.
Please add this sentence to the policy: Wasatch District will never release personally identifiable information to any organization outside the Wasatch District without signed parental consent except in an emergency.
Thank you.
Christel Swasey
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Dear Mr. Johansen,
I very much appreciated the answer given to my question last night, that there are no plans to increase funding of Common Core implementation beyond what was already being spent on teacher professional development in Utah’s Core Academies.
This is important to me because I, like you, hope our hard-earned tax money will be spent on our children’s legitimate educational needs, such as much-needed math books and other supplies.
I was concerned when I read the cost analysis of Common Core put out by the Pioneer Institute. I don’t know if you’ve read it. http://www.pioneerinstitute.org/pdf/120222_CCSSICost.pdf I am concerned that in 2014, when the Common Core assessments are implemented and mandated, locals may face astronomical costs that will take away from primary needs and legitimate expenses of educating our kids.
Pioneer’s cost analysis says: “[A]s of this writing, none of the states that have adopted Common Core have released a cost or feasibility analysis of the technology infrastructure and support necessary to administer either of the testing consortia’s online assessments.”
This is why I asked you to contact our state USOE budget people, to find out what cost analysis they have produced.
Pioneer also writes, “Technology infrastructure and support is increasingly recognized by both supporters and critics of Common Core as an area that will require significant new investments given the exclusively online nature of planned Common Core assessments. Even though the development costs are covered by federal grants, some states will find—as California has—that annual operating costs may increase significantly.
Dr. Sandra Stotsky, an English professor who served on the Common Core Validation committee, said that there will be significant additional teacher development courses required. She wrote:
“Common Core’s ELA standards will require drastic changes in academic, preparation, and professional development programs for prospective or current English teachers. English teachers will need to take a significant amount of professional development in history and political science…and undergo professional training in reading scientific and other discipline-based texts.”
I realize that asking you to help a handful of concerned parents annul the adoption of Common Core is asking the near-impossible.
But if you could help us shed some light simply on this one thing, the costs that will accrue because of a different standardized testing system that begins in 2014 for Common Core, that would be so helpful.
Thank you.
Christel Swasey
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https://sites.google.com/site/wasatchlive2/ 
You can listen to archives from the Impact Show with Bob Wren and Paul Royall on KTMP 1340 AM by clicking and making an account (free) and downloading (free).
I’ve been listening to Thursday’s show, where half of the Wasatch School Board made a guest appearance with Bob and Paul. I’ve also been listening to Monday and Tuesday’s shows with “Three Moms” (Alisa, Renee and I) making guest appearances on the show.
We’ve all been talking about FERPA revisions. Family Education Rights Privacy Act revisions. Don’t tune out because the title’s long.
Why?
As parents, we should treasure FERPA, which has existed since the 1970s to protect family and student privacy. Now that the United States executive branch, meaning Arne Duncan of the Department of Education, has illegally (without Congressional or Constitutional approval) revised federal FERPA, suddenly our local district –for some unknown reason– is doing the same thing. Why, Wasatch School District?
Four local moms met with the Superintendent and told him that the board had made a major policy change without working ‘closely with the public’ as their bylaws state that they must. So they gave us a thirty day public comment period that ends June 14.
So far, nine people have written to make a public comment, according to what the Board said on the radio on Thursday. Nine people are alarmed that our district is attempting to give away parental consent over children’s personally identifiable data for the benefit and empowerment of the federal surveillance club. Where is everyone else?
Many more might voice their opinions if the district would have sent out an email, a newsletter or a robocall (as they do for pajama day, teacher appreciation day, grandparents’ day, and football games). You would think this might matter, too.
If you read this, even if it’s past the June 14th deadline, please do write to our school board and let them know how we feel about the importance of parental consent being more important than federal ease of access without parental consent to our children’s personally identifiable data.
What to say: Keep it simple: No matter how well intentioned, no one may have access to my children’s personally identifiable information without my consent!
This is a no brainer for me.
Yet, some local and federal representatives have said that these FERPA policy changes provide further protections to the data. Impossible. Read them for yourself. http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf
Changes made by the federal, executive branch (without Congressional approval) and changes made to local district policy by our Wasatch School Board added additional parties that could have access to child’s data without parental consent. There are nine exceptions when someone without parental consent can access a child’s personal, and not just the aggregated, data.
So when the board says these revisions strengthen data privacy, they are not telling the truth!
Vicci Gappmayer at the District Office said that the board had to make these changes to our local policy to be in compliance with federal law, and that “State law trumps local policy and federal law trumps State.” She did not explain where she found these laws. Nor did she explain why her superior, State Superintendent Larry Shumway, said that districts are not required to change FERPA policy and they should proceed with caution if at all. Did she not hear Mr. Shumway? Did she disagree with him, and if so, why?
If her statement was true, and the U.S. education system is just a top down control, rather than a system of checks and balances that is equal on the local and on the federal level, then why do we still even need a local school board?
In the words of one smart dad I know who lives here in Heber, “If we are solely to be governed by the Ultimate Federal Law, we should just fire Terry and the board and let the federal government run our local schools. Oh wait, they already do. We are wasting hundreds of thousands of dollars by having an ineffective local board that is too afraid to stand up for the rights of parents and children in Wasatch County.”
In the past, schools released group data, called aggregated data, such as “Third graders averaged 79 percent on the reading test.” Now schools are being asked to release dis-aggregated data, such as “Maria Jones got 79 percent on the reading test.” Worse, they’re being asked to release nonacademic data, such as “Maria Jones has ADHD, missed 7 days of school last year, has no father, speaks Tagalog, does not ride the school bus, has a history of behavior problems, is nicknamed Mimi, and her mother earns $100,000 per year.”
I heard one of our board members say that he takes privacy very seriously and would never release personally identifiable information. If that is true, why not make it district policy? Why have the policy say the feds can come in and read our test scores with individual names and other records attached, while our district would not actually do that? Why not write it in black and white? The school board makes no sense at all. They are either naiive or dishonest. I am honestly not sure which. My father used to say it makes no difference if someone is a pawn or a knave; the consequences of their errors will be the same.
Furthermore, biometric data (iris reading, fingerprinting, DNA) is also being used to identify students. Look at page 4 of the new federal FERPA regulations: http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf It says:
(Authority: 20 U.S.C. 1232g) “Biometric record,” as used in the definition of “personally identifiable information,” means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.
Look at the NCES website, the research arm for data collection for the executive branch: http://nces.ed.gov/forum/datamodel/eiebrowser/datasets.aspx?class=StudentTracking . It says:
Why do we need a National Education Data Model?
A lot of data is already being collected and used, but not everyone collects the same information. This often keeps databases from “talking” to each other and prevents key stakeholders from answering important questions about students and schools.
So there is an assumption: the diversity that exists from state to state and district to district is a problem for the feds (the NCES) that keeps states and districts from answering THE FEDS’ questions, but why should we even be asked those questions? Are they our dictators? Our parents? No.
What if we have no intention of answering those “important questions about students and schools”? Yes, I am talking to you, Arne Duncan and Barack Obama. What right do you have to be asking question one? Show me in the Constitution where you found that one or get out of my business.
Wasatch District’s FERPA policy should be written this way:
“Wasatch District Schools will never release personally identifiable information without parental consent”. That is the right thing to do.

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Dear Citizens of Heber Valley, Please direct comments about FERPA and the importance of family privacy protection to the Wasatch School Board and District Officials at: “JAMES JUDD” <james.judd@wasatch.edu>, “VICCI GAPPMAYER” <vicci.gappmayer@wasatch.edu>, “TERRY SHOEMAKER” <terry.shoemaker@wasatch.edu>, “ANN HORNER” <ann.horner@wasatch.edu>, “DEBBIE JONES” <debbie.jones@wasatch.edu>, “WILMA COWLEY” <wilma.cowley@wasatch.edu>, “BLAIK BAIRD” <blaik.baird@wasatch.edu>, keith.johansen@wasatch.edu.
Here’s the public comment I submitted today:
Dear Wasatch School District,
Very few citizens will contact you during this 30-day period of public comment on the new, short, FERPA policy. Why? Last month, the board received many, many letters, but apparently, Vicci Gappmayer led the board to ignore us all and to do the exact opposite of what people had asked the board to do, which was to strengthen parental authority over children’s personally identifiable data.
Ms. Gappmayer said publically that she felt offended by the flier that citizens, including me, helped to put out, and she called it sensational and misleading. It was not sensational or misleading. It was entirely truthful and accurate and was based on parental care for children’s privacy.
The district could have avoided a flier even needing to be published if it had not refused the request, unreasonably, to simply send out a districtwide email or newsletter or robocall, informing the public of the public comment opportunity.
Ms. Gappmayer’s new, dramatic rewrite of the district FERPA policy deleted all mention of parental consent or of personally identifiable information and can be seen as a deliberate attack on those parents and citizens who sent out the flier. This is unfortunate.
Regardless of anyone’s personal feelings, this district deserves a meaningful FERPA policy. The new district policy is so vague and short that it amounts to no meaningful policy nor protection.
The board should not let go of its right to have a meaningful district policy. The district should have a strong, meaningful policy that offers protection beyond minimal requirements.
Please understand the importance of having a strong district policy. Being “obedient to law” is not as simple as it may appear. Our local role is not as simple as being obedient, as a child is obedient to parents, because in this case, the parents (state FERPA v. federal FERPA) are fighting, and one of the parents (federal) is schizophrenic about whether FERPA will loosen or strengthen federal access to personally identifiable data.
Having a state school board and a local school board provides checks and balances on the federal Dept. of Education dictating all policy.
The fact that the executive branch did not run their FERPA changes by Congress for approval, this January, sheds doubt on the legality of the federal FERPA regulations that this district is so eager to obey. The fact that Larry Shumway said not to change your FERPA to avoid getting sued, should have been a consideration. The Wasatch board disobeyed the State Superintendent in writing this new, short FERPA.
We collectively have allowed the feds to become almost an educational dictatorship. So we are truly in a complex time. But that doesn’t mean we have to treat the Dept. of Education as if they really hold the right that they’ve assumed, to dictate every step that we, as a school district, make. We need to be smarter than that.
Having a vague, short, unprotective policy can have terrible repercussions for this community. Think of what could happen if we didn’t have a strong and meaningful FERPA policy. If the Department of Education were to change FERPA regulations again, without congressional approval, again, as they did in January– and this time, they wrote, “Regardless of parental consent, all children will have their fingerprints, photographs and blood samples sent to a D.C. database and have their hands microchipped, to ensure accountability and efficient access for educational testing,” this district’s new, short, policy would enforce it. No parent would be asked for permission.
I do not agree with the lawyer who said that each of the FERPA policies we have looked at in the past few months, were just fine. That lawyer does not care about our children like we do. He is here as a paid employee to give legal advice, but his heart is not in it, as mine is and as (I hope) yours are. He was wrong when he said any of the policies are fine. Maybe legally they were all fine, but morally they were not. There were different levels of parental involvement and consent. There were different levels of federal ease of access to local data and to personally identifiable data. He was looking only on the surface. I am more concerned than he was, and so I am asking you to rewrite this FERPA policy to reflect that care.
This district should take a stand and determine for itself what its standards will be as far as it can discern and assert its right to do so.
Please add this sentence to the policy: Wasatch District will never release personally identifiable information to any organization outside the Wasatch District without signed parental consent except in an emergency.
Thank you.
Christel Swasey
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