Court strengthens protections for CDE student data after its inundated by objections
State Supt. of Schools Tom Torlakson on Friday applauded a March 1 federal court order strengthening protections for student data in the case of two parent groups suing the California Department of Education over special education issues.
A recent ruling in the 2012 lawsuit, allowing for the possible release of California K-12 public school student data dating back to 2008, drew criticism from concerned local parents last month after La Cañada Unified School District officials notified families of their right to file an objection with the court.
It was later clarified by a CDE spokesman that while parental objections would not allow students to opt out of the data release, it was the only available form of protest to the Feb. 1 ruling made by U.S. District Court Judge Kimberly Mueller in the matter.
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On Tuesday, Mueller noted receiving such a large number of objections that she ordered that the CDE be able to maintain custody of the most sensitive of its databases — the California Longitudinal Pupil Achievement Data System — while running searches for information requested by the plaintiffs.
Mueller also reiterated that no student’s personally identifiable information may be released unless the plaintiffs can demonstrate that the method used to store the sensitive data is secure, Torlakson’s release stated.
“The court has heard loud and clear from California’s families that they want their students’ privacy protected,” Torlakson said in the release. “The court responded to concerns and ordered additional measures to safeguard data. This is a good first step.”
All parties are still litigating the extent of the disclosure of student data. Meanwhile, parents, guardians and students over 18 have the right to print out, complete and mail an “Objection to Disclosure of Student Information and Records” form, or to send a personal letter to the judge by April 1.
Mueller’s March 1 order indicated that while the court cannot realistically review each objection form individually, it will consider “the objections in bulk as objecting strongly to public disclosure of personal identifying information contained in the CDE’s educational records.”
In their lawsuit, the nonprofit plaintiffs Morgan Hill Concerned Parents Assn. and the Concerned Parents Assn. alleged widespread, systemic non-compliance by local education agencies with special education laws. The groups were seeking access to student records in CDE’s databases and network drives to prove their case.
The Department of Education continues to deny the allegations.
For more information on the lawsuit, or to obtain an objection form, visit www.cde.ca.gov/re/di/ws/morganhillfaq.asp.
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Sara Cardine, [email protected]
Twitter: @SaraCardine
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