A few weeks ago a postcard showed up at our house. It was an
advertisement for a private high school and was addressed directly to my 7th
grader. It raised a red flag since I’ve worked hard to protect my children’s
names from advertisers; the only place these advertisers could have gotten his
name and address was from our town’s school system, a parks and rec thing he
participates in, or the state of Connecticut, which has this information as a
result of his taking the CMT last year.
Soon after, I became peripherally aware of Common Core, and
when that 7th grader came home after school one day with a couple of his
friends, and they were talking about “the triumph math test” they had taken
that day, my ears perked up. A few questions later had me realizing that
Triumph is the name of the company that my town is using to assess the kids
throughout the year as they go along.
So in light of what I had read about the privacy issues
surrounding Common Core, I found my way to the login page of Triumph
Learning™ and found the link for
“privacy”, where it says
“You can request that your children’s personal
information not be used by Triumph Learning or its affiliates and vendors
acting on behalf of Triumph Learning, by making a request in writing. Please be
aware that if you make such a request, your children can no longer continue to
be enrolled in Triumph Online™ or utilize Triumph Online™. Therefore, a request
by you for Triumph Learning, its affiliates, and vendors acting on behalf of
Triumph Learning to no longer use your children’s personal information will
terminate your children’s participation in and their use of Triumph Online.”
Not letting my kids use their online service at all? Sounded
great to me; I shot off the email, and had planned to email his teachers and
principal the next day. But what happened next was so surprising. Instead of an
acknowledgement I got this:
We’ve received your email request
to remove your children from the Triumph Online system. I’ve been in contact
with the Cheshire Curriculum Office this request and they will be contacting
you in the next 48 hours.
To say that I was not happy that my personal request was
forwarded to a third party, even though that third party was the school, would
be an understatement.
After several emails back and forth with this woman at
Triumph, eventually what happened is that I had a meeting with a Curriculum
Coordinator of the Board of Ed in Cheshire. She was open
and forthright and respectful.
I left her with the post cards as she said she would try to
find out how they could have come to us.
Then we discussed my concerns with Triumph Learning; given
the changes to the FERPA law I do not want personal information being entered
into a for-profit corporation’s database. Especially since Triumph Learning’s
privacy page makes it clear that they reserve the right to share all that
personal information with their “affiliates, and vendors”. In the end she
assured me that although there are spots where detailed information about each
student can be shared, my town does not utilize that, but I was within my
rights to request that my sons’ testing be done on paper. I agreed to let it
stay with the online testing under her assurances that there was no
identifiable information being shared there.
I also mentioned my concerns with the Smarter Balanced Consortium,
which is the Common Core testing that will replace CMT and CAPT in Connecticut,
rolling out this year. (During the last BOE meeting in my town it was mentioned
that “Twenty percent of students in Connecticut will participate, but we don’t
know if our students will or not”.) She mentioned that the tests are mandated
and therefore required and I can’t opt out. I replied that the town is only
required to report on 95% of the kids and my son could be one of the 5% not
reported on.
Then she mentioned that my son would have to be pulled out
of class for the nine weeks of testing, to which I replied that I have no
problem keeping him home, since I had homeschooled him for six years and could
certainly find more constructive ways to utilize that time than with testing.
Conversation then moved from trying to convince me that I
didn’t have a choice, to addressing my issues with FERPA and data sharing. I
had brought along
a
paper entitled “The Revised FERPA Regulations and Increased Access to
Personally Identifiable Information” that had been written by
Kent Talbert
for the National Association of College And University Attorneys. I did not leave it with her, or read straight from it, but did bring up the points that disturbed me:
The new regulations allow authorities to more easily share
and re-disclose data from student education records for purposes of audits,
evaluations, and studies. In so doing, the amended rules also reduce certain
privacy protections in the name of effective use of data and increased accountability
and transparency.
“Authorized
representative” is a new, defined term and represents a departure from the
Department’s prior interpretation of FERPA. Under the new definition, an
authorized representative is any entity or individual designated by [the
government] to conduct… any audit or evaluation, or any compliance or enforcement
activity in connection with federal legal requirements that relate to such
programs.
Under the revised regulations, the Department could
designate a much wider range of individuals or entities to be its authorized
representatives. For example, it could designate a trade union to receive
personally identifiable information to evaluate the effectiveness of a
university in preparing students for the workplace …
“Directory
information” is redefined and includes a new limitation placed upon a parent or
eligible student’s ability to opt-out of directory information... This new
provision thus further limits a parent’s authority under the act “to inform the
institution or agency that any or all of the information designated (as
directory information) should not be released without the parent’s prior
consent.
“Education program” is another new, defined term and
encompasses any program that is principally engaged in the provision of
education... the potential range of education programs from which data may be
shared for purposes of audits, evaluations, or compliance activities is quite
broad—ranging from early childhood programs to job training. [This would
include Google, for example, since in letting schools use Google Docs (for “free”) Google is
now considered an education program”.]
Further, in the preamble, the Department takes the position
that “education programs” are broad enough to include not only traditional
academic programs, but also cyber-security, substance abuse, and violence
prevention programs and the like, when administered by an educational agency or
institution.
The amended regulations permit [the government] to make
further disclosures of personally identifiable information on behalf of the
educational agency... from which it received the information even if the
agency... objects. To illustrate, a [school] could disclose personally
identifiable information without consent to a state educational agency for
purposes of an evaluation of a federal education dropout prevention program.
The state educational agency may then re-disclose the personally identifiable
information “on behalf of” the [school] to a local educational agency for an
unrelated evaluation, even if the [school] objects...
These are the things that I tried to discuss with my BOE
rep, but it was too much for her to grasp. Once she understood that the FERPA
laws are the basis for my concerns though, she shared that the Cheshire Board of Ed has asked
our town lawyer to review the changes to the FERPA law so that our schools can
stay compliant with it, and said that she would share a copy of that review
with me.
Honestly I’m not convinced that it’s going to tell us much
in terms of how kids’ data can be shared beyond the school once the school
releases it, but it should explain how much more information can be shared now,
and without parental consent. And it will hopefully present a stronger case when
I then connect the dots to present to the BOE rep regarding where my child’s
information can end up once the school system releases it, and help her understand why my child will not be participating in the Smarter Balanced testing.
The schools need to understand that the law has changed so
that more information can be collected on our kids without parental consent,
and that once the schools release that information to the state, they
completely lose control over who else it can be shared with. And it can be
shared with a lot of corporations! (Google, et al.)
Our meeting ended with me agreeing not to opt-out of the Smarter
Balanced testing until I see the report from the lawyer.