Forced Release of Confidential Student Data

By Jeff Ursino, Trustee Pajaro Valley Unified School District

Recently, the news has been reporting on a lawsuit called Morgan Hill Concerned Parents vs. the California Department of Education and the requirements the state has to provide student’s information as evidence in this lawsuit. I personally have been asked what the lawsuit is about, why children’s personal information is needed and how can a parent or guardian safeguard their student’s identity.

Before we go into what parents can do to protect their children data let’s take a few moments to explain exactly what the lawsuit is about.

The case, Morgan Hill Concerned Parents vs. the California Department of Education, was initially filed in 2012. The suit alleges that students who have been classified as having special needs are not receiving the quality education afforded to them under the law. Thus it is asking for immediate change to funding when it comes to these students and for school districts across the state to implement changes to the education of these children. To prove the point of the case the plaintiffs are requesting student’s records from across the state to illustrate the difference in education that certain students get from others. Since the initial filing the California Department of Education, CDE, and the plaintiff have discussed how to share student’s information while still safeguarding it.

The plaintiff’s in the case are requesting data on approximately 10 million students. The information requested include student’s date of birth, social security number, home address, as well as, academic performance.

The plaintiffs’ contention is that they need to have this information for demonstrative purposes and to prove the merits of their case. They further state that access to this private information would give lawyers and analysts the opportunity to compare results from students from different areas, backgrounds and needs to derive a more accurate picture of the quality of each child’s educational experience. In an effort to address parent’s fears the plaintiff have committed to keeping the information safer and confidential.

The CDE, on the other hand, has argued that by releasing confidential data to outside agencies there is an increased risk to the students and that the private information could more easily fall into the wrong hands and put the information at risk.

In letters to the appointed judge parents and other stakeholders have requested that a safeguard be put into place to minimize risk. In reaction to this outcry last week US Federal Judge Kimberly Mueller stated that the requested information would not be released until the plaintiff can prove that they can properly secure it. Until that time the requested information will stay with the CDE.

Though the district has a responsibility to the Department of Education it also has a responsibility to keep our student’s information safe. In an effort to keep individuals aware of this situation a letter was sent home several weeks ago letting parents know that they can keep their children’s information confidential by returning a note stating such.

In addition a parent or guardian can visit the California Department of Educating website and find the necessary documentation to keep your child’s data from being released. This document is due to the court by April 1st.

As a parent of three sons in the district, and as a Trustee, I am personally concerned with safeguarding student’s personal information. By completing these forms and submitting them in a timely manner we all are helping insure the safety of our student’s information.