October 10, 2018 CUSD BOT Meeting Agenda Item #39 First Reading – Board Policy 5022, Student and Family Privacy Rights

Board Agenda page 636

CUSDWatch Comment

The Privacy Rights of Public School Children are being chipped away, by a loophole in FERPA Law which allows School Districts to share personally identifiable information with 3rd party for-profit vendors who partner in "educational research".

The Superintendent or designee may collect, disclose, or use students’ personal information for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as the following: (20 USC 1232h)

1. College or other postsecondary education recruitment or military recruitment

2. Book clubs, magazines, and programs providing access to low-cost literary products

3. Curriculum and instructional materials used by elementary and secondary schools

4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments

5. The sale by students of products or services to raise funds for school-related or education

6. Student recognition programs

The District will notify parents in advance in the District parent information guide and will at a minimum request parent consent where legally required.

CUSD wants to be able to collect information on a students "Personal Beliefs and Practices"

The District wants to collect health data though physical examinations and screenings.

Non-removal of Survey questions pertaining to sexual orientation or gender identity

Some examples of how this is already being abused.

See: First Reading Board Policy 5022 Student and Family Privacy Rights

NO RIGHT TO PRIVACY IF YOU ARE A PUBLIC SCHOOL CHILD

 

CUSDWatch Comment

CUSD sites CSBA as a management resource for this Board Policy- Absolutely Not- that is a political advocacy organization that has no legal authority. CUSD staff is seeking to give them legal authority. 

"Management Resources" is a new addition to Board Policy in place of Legal References.

STOP THIS IMMEDIATELY!

 

Students                                                                                        BP 5022(a)

STUDENT AND FAMILY PRIVACY RIGHTS

The Board of Trustees believes that personal information concerning Ddistrict students and their families is to be kept private in accordance with law.

Personal information defined by Federal law, 20 U.S.C. section 1232h(c)(6)(E), states “personal information” as individually identifiable information including a student’s first and last name, a home or other physical address, a telephone number or a Social Security identification number.

The Superintendent or designee is prohibited from collecting, disclosing, or using a student’s individually identifiable information, including his/her name, parent/guardian’s name, home or other physical address, or telephone number for the purpose of marketing or selling that information or providing the information to others for that purpose. The Superintendent or designee shall not collect or solicit social security numbers or the last four digits of social security numbers from pupils or their parents or guardians unless otherwise required to do so by state or federal law.

(cf.0000 – Vision)

(cf.0100 – Philosophy)

(cf.0200 – Goals for the School District) (cf.5020 – Parent Rights and Responsibilities) 

(cf.5021 – Noncustodial Parents)

(cf.5125 – Student Records) (cf.5125.1 – Release of Directory Information)

(cf.6000 – Concepts and Roles) (cf.6162.8 – Research)

The Superintendent or designee may collect, disclose, or use students’ personal information for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as the following: (20 USC 1232h)

1. College or other postsecondary education recruitment or military recruitment

2. Book clubs, magazines, and programs providing access to low-cost literary products

3. Curriculum and instructional materials used by elementary and secondary schools

4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments

5. The sale by students of products or services to raise funds for school-related or education

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BP 5022(b)

STUDENT AND FAMILY PRIVACY RIGHTS (continued)

related activities

6. Student recognition programs

The District will notify parents in advance in the District parent information guide and will at a minimum request parent consent where legally required.

The Board prohibits district staff from administering or distributing to students survey instruments that are designed for the purpose of collecting personal information for marketing or for selling that information.

As required by the Family Educational Rights and Privacy Act, Tthe Superintendent or designee shall consult with parents/guardians regarding the development of regulations pertaining to other uses of personal information, which shall, at a minimum, address the following: (20 USC 1232h)

1. Arrangements for protecting student privacy when collecting, disclosing, or using students’ individually identifiable information for any purpose

2. Arrangements to protect student privacy in the administration of surveys that may request information about the personal beliefs and practices of students and their families

3. The rights of parents/guardians to inspect the following, and any applicable procedures for granting reasonable access to the following in a reasonable period of time:

a. Survey instruments requesting information about their personal beliefs and practices or those of their children

b. Instructional materials used as part of their children’s educational curriculum

4. Any nonemergency physical examinations or screenings that the school may administer

The Superintendent or designee shall notify parents/guardians of the adoption or continued use of the District’s policy pertaining to the rights specified in items #1-4 above. (20 USC 1232h)

Legal Reference:

EDUCATION CODE

234.7 Student protections relating to immigration and citizenship status

49076.7 Privacy of student records; social security numbers

49450-49458 Physical examinations

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BP 5022(c)

STUDENT AND FAMILY PRIVACY RIGHTS (continued)

49602 Confidentiality of personal information received during counseling

51101 Parents Rights Act of 2002

51513 Test, questionnaire, survey, or examination concerning personal beliefs

51514 Nonremoval of survey questions pertaining to sexual orientation or gender identity

51938 Sexual Health and HIV/AIDS Prevention Education Act; notice and parental excuse

UNITED STATES CODE, TITLE 20

1232g Family Educational Rights and Privacy Act

1232h Protection of pupil rights

 

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Family Policy Compliance Office: http://www.ed.gov/offices/OM/fpco

 

Legal Reference:

EDUCATION CODE 49450-49457 Physical examinations

49602 Confidentiality of pupil information

52523 Personal beliefs

United States Code, Title 20 1232g

Family Educational Rights and Privacy Act

1232h Protection of pupil rights

 

Policy                                                              Capistrano Unified School District

adopted: July 26, 2005                                       San Juan Capistrano, California 

revised:                                                              

 

 

 

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