From Washington Post and Lawsuit charges Ed Department with violating student privacy rights:
The U.S. Education Department is being sued by a nonprofit organization for promoting regulations that are alleged to undercut student privacy and parental consent. The rules allow third parties, including private companies and foundations promoting school reform, to get access to private student information.The Common Core Initiative was funded by ARRA. If the CCSS were not implemented, the need for intrusive data and the argument, Improved access to data contained within an SLDS will facilitate States’ ability to evaluate education programs, to build upon what works and discard what does not, to increase accountability and transparency, and to contribute to a culture of innovation and continuous improvement in education, would not be a compelling reason to gather and disseminate student data.
The Electronic Privacy Information Center has been fighting for the department over 2011 regulations involving the Family Educational Rights and Privacy Act, also known as FERPA, a law that is supposed to protect the privacy of student education records at all schools that receive federal education funds. FERPA was passed to give parents specific rights in regard to their children’s education records, rights which transfer to the student he/she becomes 18 or goes to a school beyond the high school level.
But in 2011, regulations issued by the department changed FERPA to allow the release to third parties of student information for non-academic purposes. The rules also broaden the exceptions under which schools can release student records to non-governmental organizations without first obtaining written consent from parents. And they promote the public use of student IDs that enable access to private educational records, according to EPIC, a nonprofit public-interest center based in Washington D.C.
Government officials have defended the regulations. A government notice in the Federal Register says the rules are necessary
to ensure that the Department’s implementation of FERPA continues to protect the privacy of education records, as intended by Congress, while allowing for the effective use of data in statewide longitudinal data systems (SLDS) as envisioned in the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (COMPETES Act) and furthermore supported under the American Recovery and Reinvestment Act of 2009 (ARRA). Improved access to data contained within an SLDS will facilitate States’ ability to evaluate education programs, to build upon what works and discard what does not, to increase accountability and transparency, and to contribute to a culture of innovation and continuous improvement in education. (MEW bolded)
What type of student data is gathered under the FERPA regulations as redesigned by the Department of Education?
...privacy advocates oppose the rule change because student data can be shared by local officials with private companies and foundations. Some say FERPA was loosened to make it easier for third parties to get access to student data by funding initiatives such as student data bases. Stephanie Simon of Reuters wrote in this story about a new $100 million database built in large part with Gates Foundation money that:From an earlier post on MEW:
…already holds files on millions of children identified by name, address and sometimes social security number. Learning disabilities are documented, test scores recorded, attendance noted. In some cases, the database tracks student hobbies, career goals, attitudes toward school – even homework completion.
The question then must be asked, what does the government consider "high-value data sets on students, open data and more"? The government does not provide a detailed idea on this site of what the datasets will contain but we have an idea on what to expect from the datasets from the National Education Model and the Illinois Data Warehouse report. As the Illinois set is aligned with other state data models, you can reasonably expect this will be present in your Common Core state data set.
Read more here from the Washington Post on why Senator Buckley sponsored FERPA to protect student data. Ironically, the rewriting of FERPA does not protect student data, it releases it to various federal agencies and private companies. Arne Duncan might as well have renamed it "the tracking of students from cradle to career act" and abolished FERPA outright. He orchestrated Race to the Top without legislative oversight. He tweaked FERPA (without legislative oversight) to ensure it doesn't protect student/family privacy but rather opens the floodgate to gather student data for tracking purposes. As one reader commented:
How did Arne and ED issue regulations that countermanded FERPA? I thought he was in the Executive branch. It appears that he is also in the legislative branch. If this is over-reach, when can we expected the hand to be slapped?
Please sign the petition from Missouri Coalition Against Common Core to rid Missouri of Common Core and the intrusive data gathering that will be done on your student/family.






Even before the horror of Virginia Tech, which forced a complete rethinking of classroom safety, many college administrators and faculty devoted countless hours to discussions and strategies about how to help students in distress or who are disruptive or manifesting signs of mental illness. The ADA compels us to help and support students who are ill, including mental illness, and quite often, there's a judgment call involved in whether to summon help from campus security or campus health services. FERPA -- the privacy law --- also sometimes obscures the best answer to red flag misconduct.
This unbelievable tragedy in Arizona will force even more review of student rights, disciplinary and security procedures, and campus mental health services. Most certainly, we will also see an equal amount of deeply concerned discussion on the part of faculty members and campus leaders about the balance between access and safety when students manifest weird, bizarre, inappropriate or strange conduct that may not be a direct threat (hence, actionable) but that may be evidence of an unfolding mental health breakdown.
Colleges are largely open places where unusual behaviors often gain notice as the searching expressions of free spirits. Each tragic story moves the walls of that freedom a little bit closer to the real need for more control, firmer rules about conduct, and less blithe acceptance of behaviors that signal possible illness. We will continue to struggle with the balance among the competing values of privacy, freedom, security and access.
The second comment:
yep, the sheriff was certainly aware of the man.
guess what they're supposed to do with such info?
get it to the feds so the man cannot buy a gun.
failure of existing laws.
too bad the sheriff blew off the threat and referred to it as the "judges problem"
read the full story, get all the info.
This may be the full story the reader refers to in his/her posting that Pima Sheriff County Clarence Dupnik doesn't want to talk about and Arne Duncan is ignoring.
These readers question college policy and the police not following the law. The readers have a better grip on reality than Duncan. If institutions could effectively deal with disturbed students without legal ramifications (privacy concerns) and governmental authorities had done their jobs, perhaps a tragedy could have been avoided. For Duncan to blame it on heated political rhetoric and lax gun laws is a travesty.
Is Arne Duncan really the best person to head the Department of Education? Is political correctness overtaking common sense and critical thinking?