On July 10th, 2012, a public forum was held where 4 visiting experts shared concerns with Common Core. A press release was sent out earlier in the day causing Brenda Hales, a USOE administrator, to post a statement on the Utah Public Education website trying to offer the official line on Common Core. Christel Swasey, a Utah public education teacher, challenged her statement with this fact filled rebuttal. I encourage you to read Brenda’s post as well so you can see what’s being said by the USOE.

 

To Whom It May Concern:

The following information directly conflicts with this week’s statement about Common Core and national educational reforms as published by the USOE at http://utahpubliceducation.org/2012/07/10/utahs-core-standards-assessments-and-privacy-regulations/.

The following information has links to references so that you can verify what is claimed, unlike the unreferenced information given by the USOE.

1. Personally identifiable student data will be shared with governmental and non-governmental entities, both in-state and out of state, as never before.

The Federal Register outlines, on page 51, that it is not a necessity for a school to get student or parental consent any longer before sharing personally identifiable information; that has been reduced to the level of optional.

“It is a best practice to keep the public informed when you disclose personally identifiable information from education records.”  http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf

Dec. 2011 regulations, which the Dept. of Education made without Congressional approval and for which they are now being sued by EPIC, literally loosen, rather than strengthen, parental consent rules and other rules.  http://www.jdsupra.com/post/documentViewer.aspx?fid=5aa4af34-8e67-4f42-8e6b-fe801c512c7a

A lawyer at EPIC disclosed that these privacy intrusions affect not only children, but anyone who ever attended any college or university (that archives records, unless it is a privately funded university).

Because the 2011 changes stretch and redefine terms like “authorized representative” and “educational program” to include non-governmental agencies and many additional governmental agencies, effectively, there is no privacy regulation governing schools anymore, on the federal level. (Thanks to Utah legislators who are on the case, we might soon have stronger privacy laws to protect Utahns from the new federal intrusion).

The types of information that the Department will collect includes so much more than academic information: it includes biometric information (DNA, fingerprints, iris patterns) and parental income, nicknames, medical information, extracurricular information, and much more. See page 4 at  http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf and see http://nces.sifinfo.org/datamodel/eiebrowser/techview.aspx?instance=studentPostsecondary

Utah’s federally-funded State Longitudinal Database System (SLDS) exists for the purpose of sharing data not only among state agencies but from the state to the US Dept. of Ed.  The SLDS also exists to “manage” and “disaggregate” educational information within the state.   –A briefing was given in Utah, August 2010 by John Brandt, who is the USOE Technology Director and a member of the federal Dept. of Education, a member of the federal NCES, and a chair member of CCSSO (an organization that helped develop and promote the Common Core national standards.) On page 5 of Brandt’s online powerpoint, he explains that student records and transcripts can be used from school districts to the USOE or USHE “and beyond,” and can also be shared between the USOE and the US Department of Education.

Utah’s P-20 workforce council exists to track citizens starting in preschool, and to “forge organizational and technical bonds and to build the data system needed to make informed decisions” for stakeholders both in and outside Utah. — http://www.prweb.com/releases/2012/2/prweb9201404.htm

The linking of data from preschool to post-secondary and on to workforce, both locally and to D.C., allows agencies easy access, technologically and in terms of legal policy.

The SLDS and P-20 systems were paid for by the federal government and they transform the way data is shared– and the federally stated purpose for all the data gathering is educational research– yet this also allows the state and federal governments to track, steer and even punish teachers, students and citizens more easily. http://cte.ed.gov/docs/NSWG/Workforce_Data_Brief.pdf

Data linking changes are not just technological in nature; there are also changes being made in regulations and policies that make former privacy protection policies all but meaningless.  The changes are so outrageous, harming parental consent law and privacy concerns so much that the Department of Education has been sued over it. The Electronic Privacy Information Center (EPIC) sued the Dept. of Education, under the Administrative Procedure Act, arguing that the Dept. of Ed’s regulations that changed the Family Educational Rights and Privacy Act in Dec. 2011 exceeded the Department of Education’s authority and are contrary to law. http://epic.org/apa/ferpa/default.html

The Federal Register of December 2011 outlines the Dept. of Education’s new, Congressionally un-approved regulations, that decrease parental involvement and increase the number of agencies that have access to private student data: http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf  (See page 52-57)

Although the Federal Register describes countless agencies, programs and “authorities” that may access personally identifiable student information, it uses permissive rather than mandatory language.  The obligatory language comes up in the case of the Cooperative Agreement between the Department of Education and the states’ testing consortium –of which Utah is still a member: http://www2.ed.gov/programs/racetothet