Archives for category: Privacy and Privacy Rights

Leonie Haimson is a New York-based education activist who has two passions: reducing class size and protecting student privacy. She is co-founder of the Parent Coalition for Student Privacy. She writes today in Valerie Strauss’s “Answer Sheet” about legislation that threatens the privacy of every college student. Do your part to stop this invasion of privacy by writing your member of Congress. Use the link to contact your representatives.

Haimson writes:

With practically no public notice and no public hearings, the House of Representatives passed the College Transparency Act (CTA) on Feb. 4, 2022, by slipping it into a much larger unrelated bill called the America Competes Act, intended to better position the United States to compete with China. The bill is now slated to go to conference with the Senate…

The CTA would authorize the federal government to create a comprehensive data system that would include the personal information of every student enrolled in college or another higher education institution, and track them through their entire lives, by collecting their names, age, grades, test scores, attendance, race and ethnicity, gender, and economic status, directly from their colleges, along with other highly sensitive information pertaining to their disabilities and/or “status as a confined or incarcerated individual.”

Then, as they move through life, this data would be “matched” with their personal data from the other federal agencies, including the Census Bureau, the Department of Defense, Veterans Affairs, and the Social Security Administration.

No student would be allowed to opt out of this database, and there are no provisions for their data ever to be deleted. Instead, this bill would essentially allow the federal government to create a perpetual surveillance system, vulnerable to breaches and abuse.

This bill would overturn the legal ban on the federal government’s collection of personal student data, otherwise known as a “student unit record” system. The ban was established as a privacy safeguard in the Higher Education Opportunity Act of 2008, which “prohibits the creation or maintenance of a federal database of personally identifiable student information.”

Yet the federal creation of cradle-to-grave tracking system has been among the top priorities of the Gates Foundation and many of the groups they fund for years. In September 2016, Dan Greenstein, then the director of the foundation’s postsecondary division, told Politico that “[c]losely tracking student-level data remains at the top of the foundation’s list — something the foundation says can be accomplished by working around the federal government, which is banned from tracking students as they move through college,” although he hoped that “collective efforts could also work as a ‘lever’ to push Congress to reconsider the federal ban.”

The report that the foundation put out at the same time, entitled “Postsecondary Success Advocacy Priorities,” showed clearly that their goal was to overturn this prohibition and allow the federal government to directly collect this data for all children, starting at birth. This report has since been scrubbed from their website but is archived on the Wayback Machine here.

It says in part:


GOAL: Support the development of a comprehensive national data infrastructure that enables the secure and consistent collection and reporting of key performance metrics for all students in all institutions [emphasis theirs]. These data are essential for supporting the change needed to close persistent attainment gaps and produce an educated and diverse workforce with career-relevant credentials for the 21st century.

BACKGROUND: In this era of escalating costs and uncertain outcomes, it is important that prospective students, policymakers, and the public have answers to commonsense questions about whether and which colleges offer value: a quality education at an affordable price.

The Gates report included a chart that revealed the overarching and comprehensive nature of the infrastructure it envisioned, in which all “entities” would share their data, including “institutions/providers” before children even entered school, followed by state K-12 systems, colleges, and federal agencies such as the IRS, the Social Security Administration, the Department of Labor, the Department of Defense, etc. Together, this data would be fed into a “National Postsecondary Data System.”

The year before, the Commission on Evidence-Based Policymaking (CEP) had been established by Congress, with the stated goal to consider “whether a federal clearinghouse should be created for government survey and administrative data.” The commission first held hearings in Washington, D.C., on October 21, 2016, where many Gates-funded groups, including New America Foundation, Data Quality Campaign, Education Trust and Young Invincibles, testified in favor of weakening or overturning the ban on the federal collection of personal data.

The organization that I co-chair and co-founded, the Parent Coalition for Student Privacy, submitted comments to the commission, co-signed by the American Civil Liberties Union, the Network for Public Education, and other organizations, strongly opposing the overturning of the ban, noting that the potential risks to privacy were enormous from such a huge, centralized, comprehensive system.

According to the commission’s final report:
The Commission heard many substantive comments about the student unit record ban and received more feedback on the issue than on any other single topic within the Commission’s scope. Nearly two-thirds of the comments received in response to the Commission’s Request for Comments raised concerns about student records, with the majority of those comments in opposition to overturning the student unit record ban or otherwise enabling the Federal government to compile records about individual students.
Nevertheless, the commission recommended that the “Congress and the president should consider repealing current bans and limiting future bans on the collection and use of data for evidence building.”


In the meantime, it recommended the creation of a “National Secure Data Service to facilitate access to data for evidence building while ensuring privacy and transparency in how those data are used. … to temporarily link existing data and provide secure access to those data for exclusively statistical purposes in connection with approved projects. The National Secure Data Service will do this without creating a data clearinghouse or warehouse.”

In any case, in May 2017, a bipartisan group of senators, including Elizabeth Warren (D-Mass.) and Orrin G. Hatch (who was a Republican lawmaker from Utah at the time), introduced the College Transparency Act, which would overturn the ban on the federal collection of student data, and instead enable the government to track the employment and outcomes of college students throughout their lives.

Similar legislation was soon introduced in the House. As the reporter from Inside Higher Ed pointed out at the time: “While the bill has support from some Democrats and Republicans alike, its passage remains in doubt because opposition to a federal data system remains on the right and the left, based on privacy concerns and philosophical differences over the role of the federal government in higher ed.”

And while the CTA was resubmitted annually, there was little action by Congress during the intervening years. Nevertheless, the Gates Foundation and its allies kept pushing this idea, and last May, in yet another report, they again promoted the idea of a “federal student-level data network (SLDN) that provides disaggregated information about all students’ pathways and post-college outcomes, including employment, earnings, and loan repayment outcomes.”

With little warning, a few weeks ago, the CTA suddenly reappeared, at the last minute folded into the America Competes Act (ACA), although the ACA was an essentially unrelated bill focused on increasing the competitiveness of the United States with China. Even reporters who had in the past written about the CTA were not alerted in advance. The Parent Coalition for Student Privacy heard about it from a D.C. insider two days before its passage, and rushed out a news release the day before, with quotes from several different advocacy groups in opposition, as well as Rep. Jamaal Bowman (D-N.Y.).

As Rep. Bowman pointed out:

We have been down this road before and know how people’s personal data can be abused. Under the Trump Administration we saw this play out in the form of ICE stakeouts in our communities that put people in danger of being deported, separated from their families, and having their lives completely destroyed from one day to the next. The College Transparency Act raises serious concerns about how the data of our students can be used and abused.”

The next day, the bill passed the House by a vote of 238-193, with only a few Democrats opposed, including Bowman and two of his colleagues in the Congressional Progressive Caucus, Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Cori Bush (D-Mo.).
The bill will now go to conference with the Senate. The Senate passed its version of the legislation, known as the U.S. Innovation and Competition Act (USICA), S.1260, last summer. And though the Senate version did not include the College Transparency Act, “supporters of the bill are very hopeful it will be approved by the conference committee that will review differences between the two bills,” according to a recent article.

On March 14, our student privacy coalition released a letter — co-signed by several other national privacy, consumer, education and parent groups — urging Congress not to pass this bill. As our letter pointed out, the bill would authorize the federal government to not only collect a huge amount of personal information, but also add to this nearly any other kind of data in the future, as long as the Department of Education thought it “necessary to ensure that the postsecondary data system fulfills [its] purposes,” although those purposes are not clearly defined.

And we once again emphasized how the risks of such a surveillance system outweighed the potential benefits by far:

Although the CTA’s supporters maintain that creating this massive federal system holds value for prospective students, history shows clearly how this sort of data collection has been used to target and violate the civil rights of our most vulnerable and marginalized individuals and communities. We have also learned that whatever guardrails exist to protect student privacy and anonymity in the current bill could easily be amended in the aftermath of a national crisis, like 9/11, so the CTA data could be used to target current and former students simply because they are a member of a disfavored racial, ethnic, religious, or other vulnerable group. Whatever the value of such a system in terms of promoting accountability for higher education institutions may be, such benefits must be pursued through far less invasive means that do not threaten core American rights and values.

Surely, there are many less intrusive options that could be used to analyze and evaluate higher education outcomes, by using data sampling and use of aggregate data. The existing federal College Scorecard has been enhanced via the collection of aggregate, non-personally identifiable data drawn from colleges, and could be further strengthened by including aggregate data on part-time students, as well as data related to transfer students, contributed by the National Student Clearinghouse, an independent, non-governmental group. This would obviate any need for the federal government to collect and amass personal data from students and follow them throughout their lives.

Such a data system would not only be vulnerable to breaches, but also could have unanticipated negative consequences, by discouraging colleges from accepting the highest-need students to boost their ratings, and/or cause them to discourage their students from entering into careers that have great social value, but lower than average salaries, like teaching.

Please use this link to write your members of Congress and urge them to reject this Orwellian legislation.

The Financial Times reported a major data breach of personally identifiable student data on a website funded by the Gates Foundation. Bill Gates, as we know, is a data aficionado. Several years ago, he created an ill-fated project called InBloom with the intent of gathering the personal data of millions of students. Fortunately it was killed off by parent activists Leonie Haimson and Rachel Stickland, who created the Parent Coalition for Student Privacy. The “cloud” is not secure.

The personal details of hundreds of thousands of US students were exposed to hackers after a database was left unsecured by Get Schooled, an education charity set up by the Bill & Melinda Gates Foundation and Viacom. Get Schooled was set up a decade ago to help students from low-income, minority and immigrant backgrounds with their college applications and financial aid, and to offer job advice. But it left a database of 125m records, including 930,000 email addresses belonging to children, teenagers and college students, “open and accessible” earlier this year when it overhauled its website, said the UK cyber security company TurgenSec. TurgenSec said the database included names, age, gender and school and graduation details of the individuals. Contact information such as addresses and phone numbers was also accessible.

Here is a surprising combination. State officials today announced that Eva Moskowitz and her charter chain were guilty of violating the state privacy law regarding a student with special needs.

Tomorrow, Eva will participate in a panel about meeting the social and emotional needs of students.

Today:

On Thu, May 14, 2020, 10:41 AM Leonie Haimson wrote:
For immediate release: May 14, 2020
More information: Fatima Geidi, fatimageidi@gmail.com (646) 281-0449
Leonie Haimson, leoniehaimson@gmail.com; 917-435-9329

Eva Moskowitz and Success Academy found guilty of violating NY State student privacy Law

The Chief Privacy Officer of the NY State Education Department issued a ruling on Tuesday May 12 that Eva Moskowitz and Success Academy had violated Education Law 2d, the state student privacy law, that prohibits the disclosure of personal student information without parental consent except under specific conditions required to provide a student’s education.

In 2015 and thereafter, Success Academy officials published exaggerated details from the education records of Fatima Geidi’s son when he was attending Upper West Success Academy, and shared them with reporters nationwide. They did this under Eva Moskowitz’ direction to retaliate against Ms. Geidi and her son, when they were interviewed on the PBS News Hour in 2015, about his repeated suspensions and the abusive treatment he suffered at the hands of school staff from first through third grade.

Ms. Geidi filed a student privacy complaint to the State Education Department in June of last year. In response to her complaint, Success Academy attorneys made a number of claims, including that the statute of limitations had lapsed, that charter schools were not subject to Education Law 2D, and that school officials have a First Amendment right to speak out about her child’s behavior. All those claims were dismissed in the decision released yesterday by the NYSED Chief Privacy Officer, Temitope Akinyemi.

The State Education Department has now ordered Success Academy to take a number of affirmative steps, including that administrators, staff and teachers must receive annual training in data privacy, security and the federal and state laws on student privacy, that they must develop a data privacy and security policy to be submitted to the State Education Department no later than July 1, 2020, and that after that policy is approved, it must be posted on the charter school’s website and notice be provided to all officers and employees.

As Fatima Geidi said, “I am happy that my son’s rights to privacy and hopefully all students at Success Academy from now on will be protected, and that Eva Moskowitz will be forced to stop using threats of disclosure as a weapon against any parent who dares speak out about the ways in which their children have been abused by her schools. However, I am disappointed that the Chief Privacy Officer did not order Ms. Moskowitz to take out the section of her memoirs, The Education of Eva Moskowitz, that allegedly describes the behavior of my son. I plan to ask my attorney to send a letter to Harper Collins, the book’s publishers, demanding that they delete that section of the book both because it contains lies and has now been found to violate both state and federal privacy law. If they refuse, we will then go to the Attorney General’s office for relief.”

Last year, the US Department of Education also found Ms. Moskowitz and Success Academy guilty of violating FERPA, the federal student privacy law. The official FERPA findings letter to Ms. Moskowitz is here. Yet Ms. Moskowitz launched an appeal of that ruling on similar First Amendment grounds, with the help of Jay Lefkowitz of Kirkland and Ellis to represent her in the appeal. Lefkowitz is the same attorney who negotiated a reduced sentence for Jeffrey Epstein, the notorious child sex abuser, in a controversial plea deal in Palm Beach County in 2007. Though Ms. Geidi has repeatedly asked the U.S. Department of Education about the outcome of this appeal, she has heard nothing in response.

As Leonie Haimson, co-chair of the Parent Coalition for Student Privacy, pointed out: “Fatima’s son is not the only child whose privacy has been violated by Success Academy. Last year, Success shared details from the private education files of Lisa Vasquez’ daughter with reporters from Chalkbeat without her consent, after Ms. Vasquez spoke about how her daughter had been unfairly treated at Success Academy Prospect Heights. The SUNY Charter Institute also noted unspecified violations of FERPA by SAC Cobble Hill, SAC Crown Heights, SAC Fort Greene, SAC Harlem 2, and SAC Harlem 5 during site visits, noted in their Renewal reports. The time for Eva Moskowitz to comply with the law and stop violating the privacy of innocent children whose parents dare to reveal her schools’ cruel policies has long passed.”

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As for tomorrow’s panel, here it is:

WEBINAR Tomorrow! Social & emotional supports for students during Covid19

REGISTER https://mailchi.mp/fordhaminstitute.org/webinar-may-15th-social-emotional-supports-for-students-during-covid-381810?e=87fac149e2

With the coronavirus outbreak disrupting nearly every aspect of our work and learning, educators nationwide have been scrambling to provide remote instruction to their students. But what are they and their schools doing to provide children with social and emotional supports during this tough time? And how do their strategies compare across the private, charter, and traditional public school sectors?

In partnership with the Collaborative for Academic, Social, and Emotional Learning (CASEL), we will hold a moderated conversation with three outstanding school leaders, all of whom are working hard to attend to their pupils’ (and staff’s) social and emotional needs, while keeping academics moving forward.

Featured Speakers

Michael J. Petrilli, President, Thomas B. Fordham Institute (moderator)

Juan Cabrera, Superintendent, El Paso ISD, Texas

Eva Moskowitz, CEO, Success Academy Schools

Kathleen Porter-Magee, Superintendent, Partnership for Inner-City Education

Schedule

1:00 p.m.: Introduction to CASEL CARES

1:05 p.m.: Introductory remarks by Michael Petrilli

1:10 p.m.: Moderator Q & A (45 minutes)*

1:55 p.m.: Closing remarks Michael Petrilli and sign off by CASEL

Education Week published an insightful article about the dangers to student privacy during this time when students are relying on tech products to connect to teachers. Read it in full if you have a subscription.

https://www.edweek.org/ew/articles/2020/03/26/massive-shift-to-remote-learning-prompts-big.html

Massive Shift to Remote Learning Prompts Big Data Privacy Concerns

By Mark Lieberman

Schools are confronting a wide range of potential problems around student data privacy as they scramble to put technology tools for virtual instruction in place during extended school building shutdowns.

Teachers have already begun connecting with students using a variety of digital tools, some of which are new to them and their schools and weren’t designed for classroom use—everything from videoconferencing apps like Zoom to digital devices like Chromebooks and learning platforms like Babbel and BrainPop.

An unprecedented number of online interactions between teachers and students from their respective homes introduce new privacy questions that lack easy answers. And at least one state’s governor, aiming to speed up implementation of new remote learning tools, has temporarily waived legal requirements for agreements between school districts and technology companies that typically include student data privacy provisions.

The challenges for schools in staying abreast of privacy concerns have become acute as companies have begun offering temporary free subscriptions to their expensive tech products, said Antonio Romayor Jr., chief technology officer for El Centro Elementary School District in California.

Some teachers in his district have begun bypassing the typical vetting procedures for new tech products by adding the free products directly to their single sign-on platforms for students and teachers to use, he said.

Some of those free products could eventually cost schools and parents money, which means anyone using them should be extra careful about offering credit-card information when signing up, Romayor said. Programs that aren’t vetted in advance also might run afoul of privacy policy. “It’s a constant struggle,” he said.

While the new technological landscape for schools feels unprecedented in many ways, schools still have an obligation to inform parents of how their students’ data is being used, even if the teaching is occurring outside school buildings. Federal laws—such as the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA)—should help guide school leaders in deciding what new technologies to use.

“The rules, the regulations apply whether the student is actually in the classroom physically or is at home being taught through a distance learning framework,” said Linnette Attai, president of the for-profit education company PlayWell and a close observer of student privacy issues.

Student privacy experts are recommending that school districts take a deliberate, rather than frenetic, approach to adopting new technologies, and guard against overinvesting in new tools before being fully aware of how they work and how they could jeopardize students’ data privacy.

Cheri Kiesecker, co-chair of the Parent Coalition for Data Privacy, wants parents and schools to minimize as much as possible the amount of student data that’s being collected and sold by tech companies. She felt the same before the COVID-19 outbreak.

In fact, Kiesecker points to a 2018 warning from the FBI noting that the consequences of ed-tech companies collecting too much data on students “could result in social engineering, bullying, tracking, identity theft, or other means for targeting children.” Most U.S. states earned a “C” or lower grade from a 2019 survey of student data privacy protections by Kiesecker’s organization and the Network for Public Education.

As schools rush to put remote learning programs in places, Kiesecker argues that those student data privacy problems could get significantly worse. And that could have long-term consequences for many students. “Data is actually your identity and a form of social currency,” she said.

Statement on New High-Tech School Security Projects

Approved Through Smart Schools Bond Act

For Immediate Release: February 26, 2020

Media contact: Ben Schaefer, bschaefer@nyclu.org, 212-607-3372

NEW YORK, N.Y. – Today Governor Andrew Cuomo announced the approval of $111 million for 133 new Smart Schools Bond Act, including $51.5 million for high-tech security projects like the facial recognition system currently running in the Lockport City School District.

In response, the New York Civil Liberties Union released the following statement from Director of the Education Policy Center, Johanna Miller:

“The amount of funding for high-tech security projects approved today is greater than the amount for classroom tech, pre-k classrooms, and school connectivity projects combined. State funding could be used to transform the education and experiences of students, but instead we’re seeing this money diverted toward invasive surveillance systems that don’t work and make students feel like criminals in school. In the Lockport City School District alone $3 million was used to buy a facial recognition program – at the cost of $550 a student.

The Smart Schools Bond Act lacks the oversight and transparency it needs to improve schools. The state shouldn’t approve any additional applications for high tech security projects until it creates appropriate protections for student privacy.”

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Oklahoma has just experienced a fraud involving an online charter school called EPIC, which was accused of collecting money for ghost students and billing for excessive administrative overhead. It’s amazing how many of the big scandals in charter land involve the highly profitable online charters.

Now parents in Oklahoma are outraged that a new virtual charter obtained the names and addresses of their children. The charter is aligned to the Gulen movement.

State Superintendent Joy Hofmeister has promised get to the bottom of this breach of student privacy.

The surveillance state is bearing down on us, our children, our grandchildren, all of us.

Audrey Watters is watching.

There is money in this business.

Leonie Haimson, executive director of Class Size Matters and co-founder of the national Parent Coalition for Student Privacy (and a member of the board of the Network for Public Education) writes here about the threat to student privacy in New York.

The New York Board of Regents is currently considering whether to approve a radical weakening of the state student privacy law, which would allow the College Board, the ACT and other companies that contract with schools or districts to administer tests to use the personal student information they collect for marketing purposes — even though the original New York law that was passed in 2014 explicitly barred the sale or commercial use of this data.

Starting in 2014, many states, including New York, approved legislation to strengthen the protection of student privacy, because of a growing realization on the part of parents that their children’s personal data was being shared by schools and districts with a wide variety of private companies and organizations without their knowledge or consent. The U.S. Department of Education had weakened the federal student privacy law known as FERPA (Family Educational Rights and Privacy Act) twice over the past decade, rewriting the regulations during the Bush and Obama administrations to allow for nonconsensual disclosures for different purposes.

At that time, few parents knew that federal law had been altered to allow their children’s information from being passed into private hands. Then controversy erupted over the plans of nine states and districts to share personal student data with a comprehensive databank called inBloom, developed with more than $100 million of funding from the Gates Foundation.

InBloom Inc. was designed to collect a wide variety of personal student data and share it with for-profit vendors to accelerate the development and marketing of the education technology industry to facilitate the adoption of online instruction and assessment. As a result of widespread parental activism and concerns, all nine states and districts that had originally intended to participate in the inBloom data-sharing plan pulled out, and 99 new state student privacy laws were passed across the country between 2014 and 2018.

New York was one of the first to pass a new student privacy law. In March 2014, the state legislature approved Education Laws §2-c and §2-d, which among other things, prohibited the state from sharing student data with inBloom or another comprehensive databank, and also regulated the way schools and vendors must secure student data, including imposing a complete ban on the sale of personal student information or its use for marketing purposes….

Yet to the frustration of many parents and privacy advocates, it would be nearly five years before New York State Education Department drafted any regulations to implement its 2014 student privacy law. In October 2018, the Education Department finally released proposed regulations for public comment. In March 2018, the Parent Coalition for Student Privacy, along with the statewide coalition New York State Allies for Public Education, submitted recommendations on how to strengthen and clarify those regulations, as did more than 240 parents and privacy advocates.

Yet after the initial period of public comment had ended, instead of strengthening the regulations, the state Education Department gutted them, and now proposed allowing student data to be used for commercial purposes as long as there was parental “consent” — a huge loophole that would create the opportunity for districts, schools and vendors to misuse this data in myriad ways.

Do you think it is okay to sell students’ personal data to marketers and vendors?

 

Leonie Haimson warns that New York State is considering changes that would make students’ personal data available to vendors without the knowledge or consent of their parents.

https://nycpublicschoolparents.blogspot.com/2019/09/make-your-voices-heard-urge-nysed-not.html

She writes:

“The New York Board of Regents is currently considering whether to approve a radical weakening of the state student privacy law, which would allow the College Board, the ACT and other companies that contract with schools or districts to use the personal student information they collect for marketing purposes – even though the original New York law that was passed in 2014 explicitly barred the sale or commercial use of this data.

“Parents and all others who care about protecting children’s privacy should send in their comments to the state now, by clicking here or sending their view to REGCOMMENTS@nysed.gov. Deadline for public comment is Sept. 16. More on this below.”

Open her post to learn more about privacy laws and why they must be strengthened, not weakened, to protect students.

People can comment to NYSED here: https://actionnetwork.org/letters/please-contact-state-officials-now-not-to-weaken-student-privacy?source=direct_link&

Chalkbeat reports that a parent has filed a federal complaint against Success Academy for releasing her daughter’s records to the media.

A former Success Academy parent filed a federal privacy complaint Thursday claiming the charter network violated her daughter’s rights by releasing her education records to a reporter, including notes from psychologists and her special education learning plan.

The complaint — which is unlikely to result in consequences for Success — comes in response to a Chalkbeat story published Saturday about Jazmiah Vasquez, a seven-year-old student with autism who has not been in school for a year and a half.

Lisa Vasquez, the student’s mother, claimed that Success Academy Prospect Heights, the last school Jazmiah attended, effectively pushed her out by repeatedly calling home about behavioral issues, threatening to call child services, and sending her back to kindergarten after she started first grade.

In response to questions from Chalkbeat about those allegations, Success officials provided detailed records of Jazmiah’s time at the city’s largest charter network, including contemporaneous notes from multiple educators and psychologists, progress reports, and a copy of Jazmiah’s individualized education program, a document that lays out students’ special education needs and services….

Success officials defended their disclosure of student records on the grounds that parents implicitly waive their rights if they go public with their complaints about a school.

An expert quoted in the article disagreed that the parent had waived her rights by filing a complaint and going public. 

Apparently FERPA is toothless since no school has ever been sanctioned by loss of federal funds for violating the privacy rights of students.