Student Privacy and the SLDS Interim Study 10 10 2013

8/12/2019 Student Privacy and the SLDS Interim Study 10 10 2013

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First Elementary and Secondary Education Act (ESEA,1965) called for a database to track its federal

programming, ie; Title 1o ESEA prevented both national standards and a national database

2009, State Fiscal Stabilization Funds (SFSF) providedgovernors via ARRA, mandated the installation of an SLDS

along with three other components:o College and Career Ready Standards (Common Core)

o Effective Teachers accountability measures

o Use of the Turnaround Schools model for failing schools


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All 50 states accepted SFSF and all states have

an SLDS in various stages of development

Since that time, Race to the Top (RttT) grants

(both RttT and RttT Early Childhood) and No

Child Left Behind (NCLB) waivers have included

these four pillars of education reform.


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I am a deep believer in the power of data to drive our

decisions. Data gives us the roadmap to reform. It tells

us where we are, where we need to go, and who is most atrisk.

Arne Duncan, Secretary of Education


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eScholar program one of unknown number collecting

thousands of points of student data

Common Core is the GLUE THAT TIES EVERYTHING (thedata) TOGETHER Does a child in fourth grade have a career path?

Do children really need thousands of points of data

collected throughout their various ages and stages todecide what they want to be when they grow up?


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SLDS are mandated for states to monitor their

education reforms and make specific changes to

advance them including Common Core, the only

College and Career Ready standards that met federalgrant requirements at the time of the SFSF

o These data systems will capture data on students from one

grade to the next, measuring whether they are on track to

graduate and telling K-12 schools whether they are preparing

their students to succeed in college and the workforce.

o The data systems can also help identify teachers who are

succeeding so states can reward them, and find teachers who

are struggling and help them improve.


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SLDS can also be called P-20 or P-20W

o Where P = Pre-K, 20 = 20 years of age and W = workforce

SLDS are frequently overseen by an unelected board of

state education officials (governance*)

Many of these councils are created through state law in

order to satisfy federal requirements of sustainability*.*Terms used in the SLDS grant applications


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An SLDS must include 12 Elements

o Unique Student Identifier (PII)o Student level enrollment, demographic, and program participation

information

o

Yearly test records of individual studentso Information on students who are not tested by grade and subject

o A teacher identifier system with the ability to match teachers and students

o Student-level transcript information; courses/grades

o Student-level college readiness test scores

o Student-level exit, transfer, drop out completion of P-16 education programs

o Capacity to communicate with higher ed data systemso Student transition to post-secondary ed including info on remedial

coursework taken

o Other information determined necessary to address alignment and adequatepreparation for success in post-secondary edo A State data audit system assessing data quality, validity and reliability


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Personally Identifiable Information PII described/defined differently by different

organizations BASICALLY: first name, last name, address, phone

number

PII has also been defined to include information such

as the students social security number, studentnumber or biometric record (ex; fingerprints, DNA)


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FERPA Defines PII as;

Other information that, alone or in combination is linked orlinkeable to a specific student that would allow a reasonable

person in the school community, who does not havepersonal knowledge of the relevant circumstances, toidentify the student with reasonable certainty

To be clear: the Social Security Administration does NOTrecommend the use of the SSN for public school identifiers,

In response to the Inspector General's report, SSA said, "there are manyrisks associated with schools using SSNs as primary identifiers and weactively discourage use of SSNs.

Parents cannot be compelled to provide the social securitynumber for their children to their public school with the

exception of a few very specific cases.


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FERPA = Federal Educational Rights and Privacy Act

A federal law created to protect the rights of students

not to have their personal educational records sharedwithout their express consent

As of January 12, 2012 FERPA regulations have been

changed

o Page 52 of the new FERPA document outlines 10 differentways PII can be shared without consent


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How and when data can be shared without parental consent With school officials with legitimate educational interests

(defined in annual notification);

o Legitimate is undefined With schools in which a student seeks or intends to enroll;

With State and local officials pursuant to a State statute in

connection with serving the student under the juvenile

justice system; To comply with a judicial order or subpoena (reasonable

effort to notify parent or student at last known address);

To accrediting organizations;

To parentsof a dependent student;


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Example of new FERPA rules from the Dept. ofEducations own slide presentation:

A student who attended a New York high school hasrelocated to Massachusetts and is having a hard timebeing admitted to the local Boston high school because

the new high school wants the students disciplinaryrecords from his previous school. Does the New York

high school have to disclose the students disciplinerecords to the new school?

FERPA WOULD PERMIT


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Another example of new FERPA rules from the Dept. of

Educations own slide presentation:

A student refuses to wear an ID badge and his parents

opted out of the disclosure of directory information on

their child in order to prevent the student from having to

wear an ID badge. Can the school make him wear the ID

badge anyway?

YES


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The Protection of Pupil Rights Amendment (PPRA) (20

U.S.C. 1232h; 34 CFR Part 98) applies to programs that

receive funding from the U.S. Department of Education

(ED). PPRA is intended to protect the rights of parents andstudents in two ways:

It seeks to ensure that schools and contractors make

instructional materials available for inspection by parents

if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their

children participate; and


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It seeks to ensure that schools and contractors obtain writtenparental consent before minor students are required toparticipate in any ED-funded survey, analysis, or evaluation thatreveals information concerning:

o Political affiliations;o Mental and psychological problemspotentially embarrassing to the

student and his/her family;

o Sex behavior and attitudes;

o Illegal, anti-social, self-incriminating and demeaning behavior;

o Critical appraisals of other individuals with whom respondents haveclose family relationships;

o Legally recognized privileged or analogous relationships, such as

those of lawyers, physicians, and ministers; or

o Income(other than that required by law to determine eligibility forparticipation in a program or for receiving financial assistance under

such program).


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HIPAA = Health Insurance Portability and

Accountability Act

FERPA deals with educational records, HIPAA dealswith health records

Because some schools have a school nurse or even

a clinic one would think that HIPAA regulations

would be enforced


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Another example of new FERPA rules from the Dept. ofEducations own slide presentation:

The school nurse at a middle school wants to shareinformation with teachers and administrators. Which law,FERPA or the HIPAA Privacy Rule, protects the privacy of

student health records?

FERPA


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Because the entity is a SCHOOL and NOT a health care

provider, HIPAA laws are superseded by FERPA laws for

health care privacy

o As it says in this document on FERPA and HIPAA: Forinstance, one of these exceptions allows schools todisclose students he lth nd medic l inform tion

nd other educ tion records to te chers nd otherschool officials, without written consent, if these schooloffici ls h ve legitim te educ tion l interests inaccordance with school policy. See 34 CFR99.31 a) 1).


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o Parents have informed us that there are

schools sending home forms to be filled out

including information on the childs health anddental status this information can be shared

o Health information obtained in a school clinic

can be shared

o Health information obtained through a

community health clinic located on public

school grounds can be shared


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the primary federal entity for collecting and

analyzing data related to education

Is budgeted for by the federal government Provides monies for SLDS, among other grants

Includes a very large number of data collection

programs including the oft-heard, NAEP (National

Assessment of Educational Progress)


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HOWEVER:

Title IX - General Provisions, Part E Uniform Provisions Subpart 2, Other Provisions, Section 9531 of federal school

law prohibits a nationwide database (Department ofEducation), Nothing in this Act(other than section 1308(b)dealing with Migrant Students)(Department of Education)shall be construed to authorize the development of anationwide database of personally identifiable informationon individuals involved in studies or other collections ofdata under this Acthttp://www2.ed.gov/policy/elsec/leg/esea02/index.html


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US CODE Title 20, Chapter 76, Subchapter I, Part C,

9543, lists NCES duties as

o (5) determining voluntary standards and guidelines to

assist State educational agencies in developing statewide

longitudinal data systems that link individual student dataconsistent with the requirements of the Elementary and

Secondary Education Act of 1965 (20U.S.C. 6301et seq.),

promote linkages across States, and protect student privacyconsistent with section 9573of this title, to improve studentacademic achievement and close achievement gaps;
http://www.law.cornell.edu/uscode/html/uscode20/usc_sup_01_20.htmlhttp://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00006301----000-.htmlhttp://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00009573----000-.htmlhttp://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00009573----000-.htmlhttp://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00006301----000-.htmlhttp://www.law.cornell.edu/uscode/html/uscode20/usc_sup_01_20.html


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This language can do nothing OTHER thansanction a NATIONAL DATABASE.


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o What did we say

about the PPRA

and voting andreligious beliefs?

o SLDS are

FEDERALL

FUNDED

therefore are

covered under

PPRA


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Established in 1997 at the National Center for HigherEducation and located in Washington, D.C., thePostsecondary Electronic Standards Council (PESC) is a501(c)(3) non-profit, community-based, umbrella

association of colleges and universities; college anduniversity systems; professional and commercialorganizations; data, software and service providers; non-profit organizations and associations; and state and federalgovernment agencies. PESC.org

What SIF is to secondary institutions, PESCs EdUnify is tohigher ed institutions

o Framework that allows SEAMLESS data sharing among disparateplatforms and groups data sharing without borders


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http://www.pesc.org/library/docs/about_us/update/SESSA-PESCupdate-02-01-2013.pdf

Uses NIEM as the technical standard for EdUnify


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NIEM was formally initiated in April 2005 by the chief

information officers of the U.S. Department of Homeland

Security and the U.S. Department of Justice. In October

2010, the U.S. Department of Health and Human Services

joined as the third steward of NIEM.

NIEM is a seamless, interoperable (standardized) model for

data exchange that could solve a range of information-

sharing challenges across a variety of government agencies

https://www.niem.gov/aboutniem/Pages/history.aspx


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What do all these terms mean?

What does any of this have to do with student privacy?

Why do we care about student privacy?

What is the big picture?


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eScholar

collects

individualstudent

data and

collects and

sharesthousands

of data

points

Bill and Melinda Gates Foundation gives


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Why is the

student votepercentage for

Obama so

much higher

than the OK

population? Data on

political views

could be

easily

collected here.

Bill and Melinda Gates Foundation gives

Pearson Foundation nearly 3 million

dollars for Common Core implementation.


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This program could easilyrecord shareable mental

health data against PPRA.


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James Bamford, the author of several books on the

NSA who last year wrote about the Utah center in

Wired magazine, said the problems sound very

serious from what he read in the Wall Street

Journal story.There's never been a time in U.S. history wherethey've tried to collect so much data in one placeand then try to access it from other places on acloud, Bamford said.http://bigstory.ap.org/article/electrical-issues-stall-nsa-data-warehouse-opening


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Data sharing is out of control too many interconnecteddatabases across a wide range or organizations andgovernment entities

The right of the parent to have control over their own childselectronic footprint has been usurped

o Parents should ALWAYS have an Opt-In instead of an Opt-Out Far too many ways for student data to be exposed anywhere

along the line

Student data cannot possibly be protectedo The South Dakota State Board of Education was told by FERPA

representatives that there was no way to protect student data

Obvious ethical problems with data collection

CHRISTIANS should object strenuously on religious grounds,as this can only be seen as government tagging for thepurposes of globalization

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Student Privacy and the SLDS Interim Study 10 10 2013

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