First Elementary and Secondary Education Act (ESEA, 1965) called for a database to track its federal programming, ie; Title 1
o ESEA prevented both national standards and a national database

2009, State Fiscal Stabilization Funds (SFSF) provided governors 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

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’.

“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 at risk.” Arne Duncan, Secretary of Education


eScholar program one of unknown number collecting thousands of points of student data Common Core is the GLUE THAT TIES EVERYTHING (the data) 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 to decide “what they want to be when they grow up”?

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 federal grant 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

An SLDS must include 12 Elements
o Unique Student Identifier (PII) o Student level enrollment, demographic, and program participation

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o o o o o o o

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information Yearly test records of individual students Information on students who are not tested by grade and subject A teacher identifier system with the ability to match teachers and students Student-level transcript information; courses/grades Student-level college readiness test scores Student-level exit, transfer, drop out completion of P-16 education programs Capacity to communicate with higher ed data systems Student transition to post-secondary ed including info on remedial coursework taken Other information determined necessary to address alignment and adequate preparation for success in post-secondary ed A State data audit system assessing data quality, validity and reliability

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 student’s social security number, student number or biometric record (ex; fingerprints, DNA)

FERPA Defines PII as; “Other information that, alone or in combination is linked or linkeable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty” To be clear: the Social Security Administration does NOT recommend the use of the SSN for public school identifiers,
“In response to the Inspector General's report, SSA said, "…there are many risks associated with schools using SSNs as primary identifiers and we actively discourage use of SSNs.“

Parents cannot be compelled to provide the social security number 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 shared without their express consent As of January 12, 2012 FERPA regulations have been changed
o Page 52 of the new FERPA document outlines 10 different

ways PII can be shared without consent

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

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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 parents of a dependent student;

With authorized representatives of Federal, State, and local educational authorities conducting an audit, evaluation, or enforcement of education programs;
o Any entity or individual designated by a State or local educational

authority or an agency headed by an official listed in § 99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs. http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf

With organizations conducting studies for specific purposes on behalf of schools;
o Neither “organizations” nor “studies” are defined.

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In a health or safety emergency; and Directory information.

Example of new FERPA rules from the Dept. of Education’s own slide presentation:

A student who attended a New York high school has relocated to Massachusetts and is having a hard time being admitted to the local Boston high school because the new high school wants the student’s disciplinary records from his previous school. Does the New York high school have to disclose the student’s discipline records to the new school?
FERPA WOULD PERMIT

Another example of new FERPA rules from the Dept. of Education’s 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

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 and students 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 EDfunded survey, analysis, or evaluation in which their children participate; and

It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning:
o Political affiliations;
o Mental and psychological problems potentially embarrassing to the o

o
o o o

student and his/her family; Sex behavior and attitudes; Illegal, anti-social, self-incriminating and demeaning behavior; Critical appraisals of other individuals with whom respondents have close family relationships; Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or Income (other than that required by law to determine eligibility for participation 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 deals with health records Because some schools have a school nurse – or even a clinic – one would think that HIPAA regulations would be enforced

Another example of new FERPA rules from the Dept. of Education’s own slide presentation: The school nurse at a middle school wants to share information with teachers and administrators. Which law, FERPA or the HIPAA Privacy Rule, protects the privacy of student health records?

FERPA

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: For instance, one of these exceptions allows schools to disclose a student’s health and medical information and other “education records” to teachers and other school officials, without written consent, if these school officials have “legitimate educational interests” in accordance with school policy. See 34 CFR §99.31(a)(1).

o

o

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Parents have informed us that there are schools sending home forms to be filled out including information on the child’s health and dental status – this information can be shared Health information obtained in a school clinic can be shared 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)

HOWEVER:

Title IX - General Provisions, Part E – Uniform Provisions – Subpart 2, Other Provisions, Section 9531 of federal school law prohibits a nationwide database (Department of Education), “Nothing in this Act (other than section 1308(b) dealing with Migrant Students) (Department of Education) shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this Act.” http://www2.ed.gov/policy/elsec/leg/esea02/index.html

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 data consistent with the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote linkages across States, and protect student privacy consistent with section 9573 of this title, to improve student academic achievement and close achievement gaps;”

This language can do nothing OTHER than sanction a NATIONAL DATABASE.

o What did we say about the PPRA and voting and religious beliefs? o SLDS are FEDERALL FUNDED therefore are covered under PPRA

Established in 1997 at the National Center for Higher Education and located in Washington, D.C., the Postsecondary Electronic Standards Council (PESC) is a 501(c)(3) non-profit, community-based, umbrella association of colleges and universities; college and university systems; professional and commercial organizations; data, software and service providers; nonprofit organizations and associations; and state and federal government agencies. PESC.org What SIF is to secondary institutions, PESC’s EdUnify is to higher ed institutions
o Framework that allows SEAMLESS data sharing among disparate

platforms and groups – data sharing without borders

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

Uses NIEM as the technical standard for EdUnify

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 informationsharing 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?

eScholar collects individual student data and collects and shares thousands of data points

Bill and Melinda Gates Foundation gives Pearson Foundation nearly 3 million dollars for Common Core implementation.

• Why is the student vote percentage for Obama so much higher than the OK population? • Data on political views could be easily collected here.

This program could easily record shareable mental health data against PPRA.

Civis Analytics is a data analytics firm created by Google Executive Eric Schmidt. Schmidt was the mastermind behind the Obama database team during the last election “The College Board, which administers the SAT, has hired Civis to figure out why high-achieving, low-income students are less likely to apply to elite schools than equally qualified students from wealthier families—and then to design a campaign to guide more of them to better colleges.” “What was so impressive to anyone who was observing was the precision they brought to this fuzzy question of ‘How do you get low-income people to vote?’” says David Coleman, the College Board’s president (and Common Core architect) “We see in our work a similar need for precision and analysis so that low-income students are propelled into the opportunities they have earned.” Civis is also working with several companies and nonprofits—it declined to name them—to help enroll the millions of people newly eligible for health insurance under the Affordable Care Act.” Business Week

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 where they've tried to collect so much data in one place and then try to access it from other places on a cloud," Bamford said.
http://bigstory.ap.org/article/electrical-issues-stall-nsa-datawarehouse-opening

Data sharing is out of control – too many interconnected databases across a wide range or organizations and government entities The right of the parent to have control over their own child’s electronic footprint has been usurped
o Parents should ALWAYS have an “Opt-In” instead of an “Opt-Out”

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Far too many ways for student data to be exposed anywhere along the line Student data cannot possibly be protected
o The South Dakota State Board of Education was told by FERPA

representatives that there was no way to protect student data

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Obvious ethical problems with data collection CHRISTIANS should object strenuously on religious grounds, as this can only be seen as government ‘tagging’ for the purposes of globalization

Prepared by: Restore Oklahoma Public Education (www.RestoreOkPublicEducation.com)