Archives for category: Privacy and Privacy Rights

Carol Burris, the articulate and prolific principal of South Side High School in Rockville Center, Long Island, New York, here responds to state officials about the importance of student privacy.

New York is one of the few–perhaps the only–state that has stubbornly insisted that all student data will be uploaded to the inBloom website funded by the Gates Foundation and the Carnegie Corporation, engineered by Rupert Murdoch’s Wireless Generation, and managed by amazon.com.

Parent protests have caused other states either to cancel their commitment to turn all student information over to inBloom or to put their plans on hold (hoping, perhaps, that parents will forget and the whole thing will blow over).

But in New York, state officials say that schools have always shared student data, so this is nothing new. Thus, the state has no intention of backing away from inBloom.

Burris points out that the data her school shared in the past was not personally identifiable. The state collected data on many aspects of student test scores, race, ethnicity, disability, etc., but there was no personally identifiable information.

She writes:

The collection and reporting of school data is nothing new. We used to send data on scan sheets; test scores, drop out rates, the percentage of students with disabilities, etc., were all reported in the aggregate. As technology progressed, we began to electronically send data, not in the aggregate, but by student. Students were assigned a unique identifying number so that their privacy was protected, with identity guarded at the school or district level. More data, including race, ethnicity and socio-economic status, were added to what we sent. This allowed the state to disaggregate data by student group, while still preserving anonymity.

Now that wall of privacy is shattered. Names, addresses (e-mail and street) and phone numbers are to be sent. Schools are required to upload student attendance, along with attendance codes, which indicate far more than whether or not the student was absent or present. Codes indicate whether a student is ill, truant, late to school or suspended. Details about the lives of students are moving beyond the school walls to reside in the inBloom cloud.

As a high school principal, I am worried by the state’s ever growing demands for student information. I believe that all disciplinary records should be known only to families and the school. All teens are under tremendous strain to perform — sometimes for adults, other times for peers. Some live on the emotional breaking point — others visit that point now and again. Kids make mistakes. Some make bad decisions. Others lose their temper and get out of control. Such serious infractions result in suspensions. We have to keep our schools safe, even as we are concerned about the well being of the offender.

And here is what I add to her comments:

Why does the government need to track the movement of every single citizen? Why did the U.S. Department of Education’s Race to the Top include funding for a massive database? Why don’t they care about student privacy? What is their need to know? Will student data be rented, sold, or given to private vendors to develop commercial products?

Frankly, it is hard to think of any reason for inBloom or any other massive effort to aggregate personally identifiable information about every student.

In some spooky way, this seems to mirror the same thinking that lies behind the NSA program to monitor our emails and phone calls. If someone is on a terror list, it makes sense. But it makes no sense–and it seems to me to be unconstitutional, a violation of the Fourth Amendment–for the government to assume the power to snoop on every expression. Read this blog, if you wish; read my Twitter feed. But please do not monitor my emails and telephone calls. Do not open my personal mail. And do not put my grandchildren’s data into the cloud.

The irony for me in this current situation is that in the early 1990s, when I was Assistant Secretary of Education for the Office of Educational Research and Information in the U.S. Department of Education, I used to get scores of letters and emails from parents who accused the federal government of using NAEP to gather private information about their children. The letter-writers insisted that there was a secret government storage facility somewhere in Maryland that held all this information. I wrote them back, assuring them that there was no such project, that there was no such facility.

I wonder what my counterpart is writing to angry parents now.

Mercedes Schneider posted a critique of a webinar hosted by the Education Writers Association on the subject of data-mining and student privacy.

She was upset that the panel of three included two cheerleaders for data mining and the third produced research funded by Microsoft.

The post was strong, but the letters that followed are amazing. She got responses from the CEO of inBloom, defending it, from privacy experts, from the researcher whose viewpoint she challenged, and from parent advocates.

This is the best, most free-wheeling discussion, including all points of view, that I have seen on this vital subject.

Parents in New York are suing the State Education Department to block the release of their children’s confidential data to inBloom, fearing it ay be hacked or turned over to commercial vendors.

New York is the only state that continues to insist that it will release all student data to the database created by the Gates Foundation and the Carnegie Foundation and developed by Rupert Murdoch’s company. Despite the protests of key legislators, the State Education Department remains defiant.

Only the courts can stop education officials from breaching student privacy, ignoring parental concerns.

Below is a letter from Leonie Haimson, who was previously added to the honor roll of this blog for fighting for students, parents, and public education.

Leonie almost singlehandedly stopped the effort to mine student data, whose sponsors wanted confidential and identifiable information about every child “for the children’s sake.” Leonie saw through that ruse and raised a national ruckus to fight for student privacy. Privacy of student records is supposedly protected by federal law (FERPA), but Arne Duncan weakened the regulations so that parents could not opt out of the data mining.

It is not over. The Gates Foundation and Carnegie Corporation put up $100 million to start inBloom, and Rupert Murdoch’s Wireless Generation got the contract to develop the software, and amazon.com plans to put it on a “cloud.” They will be back. We count on Haimson and the many parents she has inspired to remain vigilant on behalf of our children. As a grandparent of a child in second grade in a Brooklyn public school, I have a personal interest in keeping his information private.

Here is Leonie’s letter, written 12/20/13:

Dear folks,

I have good news to report! Yesterday, Sheldon Silver, Speaker of the NYS Assembly, along with Education Chair Cathy Nolan and fifty Democratic Assemblymembers sent a letter to Commissioner King, urging him to put a halt to inBloom.

“It is our job to protect New York’s children. In this case, that means protecting their personally identifiable information from falling into the wrong hands,” said Silver. “Until we are confident that this information can remain protected, the plan to share student data with InBloom must be put on hold.”

Why is this important? Because Speaker Silver and the Democrats in the Assembly appoint the Board of Regents, as the Daily News noted. The Regents control education policy in New York, and appoint the commissioner.

We have begun to make real headway in the past year against inBloom, but we need your support so we can continue the fight for student privacy and smaller classes in the public schools.

We count on donations from individuals like you as our main source of funding. If you appreciate our work and want it to continue and grow stronger, please give a tax-deductible contribution right now by clicking here: http://www.nycharities.org/donate/c_donate.asp?CharityCode=1757 or sending a check to the address below.

I am proud to have been called “the nation’s foremost parent expert on inBloom and the current threat to student data privacy.” We were the first advocacy group in the nation to sound the alarm about inBloom’s plan to create a multi-state database to be stored on a vulnerable data cloud run by Amazon.com with an operating system built by Rupert Murdoch’s Amplify. The explicit goal of inBloom was to package this information in an easily digestible form and offer it up to data-mining vendors without parental consent.

In February, inBloom formally launched as a separate corporation, and nine states were listed as “partners.” We worked hard to get the word out through blogging, personal outreach to parent activists and the mainstream media. After protests erupted in states throughout the country, inBloom’s “partners” pulled out. Now, eight out of these states have severed all ties with inBloom or put their data sharing plans on indefinite hold.

Sadly, as of yesterday, New York education officials were still intent on sharing with inBloom a complete statewide set of personal data for all public school students– including names, addresses, phone numbers, test scores and grades, disabilities, health conditions, disciplinary records and more. To stop this, we helped to organize a lawsuit on behalf of NYC parents which will be heard in state court on January 10 in Albany (note the new date), asking for an immediate injunction to block the state’s plan. (The state has delayed the hearing in order to gain more time to respond to our legal briefs.)

In addition, we will continue our work on the critical issue of class size. As a result of our reports, testimonies and public outreach, we have been able to shine a bright light on what many consider to be the most shameful aspect of Mayor Bloomberg’s education legacy: the fact that class sizes in NYC have increased sharply over the last six years and are now the largest in the early grades since 1998. More on this issue is in my Indypendent article just published, called Grading the Education Mayor

Class sizes have increased every year, despite the fact that the Campaign for Fiscal Equity case was supposedly “settled” by a state law in 2007 that required NYC to reduce class sizes in all grades. As a result, 86% of NYC principals say they are unable to provide a quality education because classes are too large. Parents say that smaller classes are their top priority according to the Department of Education’s own surveys. There is no more critical need than smaller classes if the city’s children are to have an equitable chance to learn.

But class size is not just a critical issue in NYC public schools. Because of budget cuts, class sizes have risen sharply throughout the state and the nation as a whole. In more than half of all states, per-pupil funding is lower than in 2008 and school districts have cut 324,000 jobs.

At the same time, more and more money is being spent by billionaires and venture philanthropists on bogus “studies” to try to convince states and districts that class size doesn’t matter and public funds should be spent instead on outsourcing education into private hands – despite much rigorous research showing the opposite to be true.

With vendors trying to grab your child’s data in the name of providing “personalized” instruction – a euphemism that really means instruction delivered via computers and data-mining software in place of real-life teachers giving meaningful feedback in a class small enough to make this possible — our efforts are more crucial than ever before.

Please make a donation so that our work can continue and be even more effective in 2014.

Thanks for your support and Happy New Year,

Leonie Haimson
Executive Director
Class Size Matters
124 Waverly Pl.
New York, NY 10011
212-674-7320

Leaders of the New York State legislature called on the State Education Department to put a halt to their plan to turn over confidential student information to inBloom, the controversial program funded by the Gates and Carnegie Foundation with technology supplied by Rupert Murdoch’s Wireless Generation.

According to Gotham Schools:

“Last week, Republican Senator John Flanagan introduced a bill to address looming concerns around the plan’s data privacy and security. He also called for the state to halt the initiative, which is scheduled to begin next month, for at least a year.

“Now, a group of Democratic lawmakers, including Speaker Sheldon Silver and Education Committee Chair Cathy Nolan, are raising their own red flags. Like Flanagan, they want the state to halt the plan, but they are also suggesting that they might not ever want to see it start up again.

“The controversy is over an initiative funded in part by federal Race to the Top grants designed to help districts use information about an individual student’s personal and academic history to create more individualized lesson plans and inform a teacher’s instruction. Some data elements being collected include test scores, report card grades, information about special needs, attendance records and disciplinary records.”

Sheldon Silver, the powerful leader of the State Assembly, wrote a letter warning:

“Until we are confident that this information can remain protected, the plan to share student data with InBloom must be put on hold,” said Silver in a statement Monday.

Legislators were reacting to widespread parent outrage over the prospect of data mining and hacking of their children’s personal information.

The parent opposition was galvanized and led by Leonie Haimson of Class Size Matters, who has traveled the state and nation explaining what inBloom is and the danger it poses to student privacy.

InBloom would not have been possible without the decision by Secretary Duncan to weaken the protections in FERPA, the federal legislation that is supposed to protect student privacy.

This is very odd. The public schools of Douglas County, Colorado, are controlled by one of the most conservative school boards in the nation, which just retained its majority in a closer-than-expected election. Conservatives usually are zealous about privacy rights and protect traditional institutions. But there is a new strain of ideologue who wants the free market to rule, and the market demands data.

This reader–noting that Colorado pulled out of inBloom–says Douglas County will create and market its own data system:

“Douglas County School District in Colorado has hired consultants to create their own form of Inbloom. The BOE members have publicly stated they wish to market and sell the program to other districts. They have called it InspirEd. Read about it on the DCSD website, https://www.dcsdk12.org/communityrelations/Newsroom/Article/index.htm?cID=DCS1242698.”

Leonie Haimson reports that Chicago has pulled out of inBloom, the massive data collection project funded by the aGates Foundation and the Carnegie Corporation.

Leonie has been the key figure nationally in alerting parents, educators, officials, and the media to the plans of inBloom to collect hundreds of points of data about children, using software developed by Rupert Murdoch’s Wireless Generation, and stored on a “cloud” managed by amazon.com, with no guarantee that this personal and identifiable information cannot be hacked or sold to marketers.

New York is now the only state that continues to collaborate fully in sharing confidential student data with inBloom. State officials take an almost incomprehensible glee in their insistence that no one can stop them. I have no doubt that Leonie Haimson, champion of children, will beat them all: Gates, Carnegie, Murdoch, Bezos, and the New York State Education Department.

As Margaret Mead said, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

Leonie proves that Mead was right.

This is from Leonie Haimson, who has been the national leader in the fight to derail the collection of confidential student data via inBloom, the Gates and Carnegie-funded program.

Read this:

http://nycpublicschoolparents.blogspot.com/2013/11/nyseds-new-scary-data-dic
tionary-with.html

They are not collecting blood type, voter status, and religious affiliation
(of course.)

They are collecting:

Students’ name, addresses, unique ID;
Their parents’ telephone number, email, and nature of their relationship
(i.e. whether mother, father, stepfather, foster mother, guardian etc.)
The date the student was born and if not born here, when entered the US;
Their family’s economic situation, including whether they participate in
public assistance programs and whether they get free lunch;
Their race, their ethnicity, their home languages, and whether they are
limited English proficient;
Their disabilities, and what services they receive (including special
education services, counseling, etc.)
What their 504 status is, which can include a wealth of medical and health
conditions;
When any of these conditions was first identified and when it was removed;
Every day the student was absent, and whether this was due to an
out-of-school, or an in school suspension, an unexcused or excused absence,
and the reason why;
Every course they took in every year, how many credits they accumulated,
and what grades they received;
Any and all assessments they were given, including achievement tests,
“attitudinal tests” and “cognitive and perceptual skills tests”;
The results of any and all those tests, including their scores and
performance levels;
Any subtests or assessments that relate to specific learning objectives
(or SLOs), and the assessment “response” (ie “a student’s response to a
stimulus on a test”, whatever that means)
The learning standards tested, the content standards and the grade levels
for which the learning objective is targeted.

Mercedes Schneider here examines the Data Quality Campaign.

Why is there so much demand for student data? Why now?

As she explains,

Corporate education reform is designed to turn profits for privatizers. That said, in corporate reform, there are two huge money makers that will ”outprofit” all other profiteering: standardized testing, and data sales and storage.

The two are inextricable. Consider the mandates for state participation in Race to the Top (RTTT). In order to compete for RTTT funding, states were required to demonstrate both a standardized testing dependence and establishment of a “statewide longitudinal data system.”

While the federal government insists that reform is being driven “by the states,” it is clear that the USDOE is actively clearing the way for reforms that it supports, one of which is the collecting of an unprecedented amount of data on America’s school children.

There are many funders of this unprecedented effort to collect data about the nation’s children.

But why?

When I was Assistant Secretary of the Office of Educational Research and Innovation in the early 1990s, I was often called upon to respond to parents who wrote to ask why the federal government was collecting data about their children. They thought that NAEP was the vehicle. I responded by saying that there was no such data collection, and all this was rumor and speculation and untrue.

But now it is fact. It is real. There will be a national database in which children have unique identifiers, and in which the uses of this information are unclear.

Again: Why?

This is an issue that transcends political parties or ideology. Teachers are not permitted to disclose personal information about their students. Why is it being collected? For what purpose? For whose purpose? Shouldn’t parental consent be necessary?

The number of suburban districts in New York State dropping out of the state’s Race to the Top program continues to grow, largely because of parent concern about the data-mining of their children’s private records. These districts received relatively small amounts of money in exchange for accepting many mandates.

This article sums up the current situation:

Twenty-eight school districts in the Lower Hudson Valley have dropped out of the Race to the Top program in recent weeks, largely due to state plans to share student records with a privately run database, a survey has found.

Four more districts will consider the move within a week, and several others may do so in time.

The Lower Hudson Council of School Superintendents surveyed 76 districts, including special act districts, in Westchester, Rockland, Putnam and Dutchess counties. Of the 53 districts that responded, more than half have pulled out of Race to the Top since last month — forfeiting mostly small federal grants. Another 10 districts never took part in the program.

“Our concerns have to do with how the state can guarantee thedata will be secure in the future,” said South Orangetown Superintendent Kenneth Mitchell, president of the superintendents group.

The state Board of Regents wants to send about 400 categories of student records, starting with names, to inBloom, a nonprofit group, so that educators can better analyze student needs. But local school officials and parents have expressed grave concerns over how the encrypted data — from disciplinary to health to income records — could be used down the line.

In addition, the following information comes from the Lower Hudson Council of School Superintendents:

Opting out

Districts that dropped out of Race to the Top: Bedford, Brewster, Byram Hills, Carmel, Croton-Harmon, Dobbs Ferry, Eastchester, Elmsford, Garrison, Greenburgh Graham, Hastings, Hendrick Hudson, Hyde Park, Irvington, Lakeland, Mahopac, Mamaroneck, Mount Pleasant, Pearl River, Pelham, Pleasantville, Pocantico Hills, Rye Neck, Somers, South Orangetown, Spackenkill, Tuckahoe and Yorktown.
Districts that never joined RTTT: Ardsley, Blind Brook, Briarcliff Manor, Bronxville, Chappaqua, Edgemont, Harrison, Putnam Valley, Rye City and Scarsdale. 
Source: Lower Hudson Council of School Superintendents

Twenty-eight school districts in the Lower Hudson Valley have dropped out of the Race to the Top program in recent weeks, largely due to state plans to share student records with a privately run database, a survey has found.

Four more districts will consider the move within a week, and several others may do so in time.

The Lower Hudson Council of School Superintendents surveyed 76 districts, including special act districts, in Westchester, Rockland, Putnam and Dutchess counties. Of the 53 districts that responded, more than half have pulled out of Race to the Top since last month — forfeiting mostly small federal grants. Another 10 districts never took part in the program.

“Our concerns have to do with how the state can guarantee the data will be secure in the future,” said South Orangetown Superintendent Kenneth Mitchell, president of the superintendents group.

The state Board of Regents wants to send about 400 categories of student records, starting with names, to inBloom, a nonprofit group, so that educators can better analyze student needs. But local school officials and parents have expressed grave concerns over how the encrypted data — from disciplinary to health to income records — could be used down the line.

“We haven’t gotten real clear answers,” said Hendrick Hudson Superintendent Joseph Hochreiter, whose district opted out Wednesday night. “In the absence of certainty, districts are opting out and losing trust.”

On Wednesday, lawyers representing a dozen New York City parents filed a lawsuit seeking to stop the state from shipping records to the inBloom.

Illinois is the only other state fully committed to inBloom, which is struggling to find support for a national database of student records.

Districts have dropped out of Race to the Top to avoid having to choose a state-sponsored data “portal” that will connect to inBloom’s database. But state officials insist that districts have to contribute much of the same data.

“There is a sense that the student privacy issue has awoken a sleeping giant in parents, even more so than testing,” said Susan Elion Wollin, president of the Bedford school board, which withdrew Wednesday, and president of the Westchester-Putnam School Boards Association. “We all want what’s best for the kids, but people need to hear what the state is doing to accommodate concerns.”

Districts that dropped out of Race to the Top still have to use the Common Core learning standards and tests.

Source: Lower Hudson Council of School Superintendents