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HisMom
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15 Feb 2016, 12:44 am

Some parents have sued the California Department of Education, alleging widespread violations of IDEA. The court has ordered CDE to release to the plaintiffs protected information of every child with special needs that the CDE has on its files, including information on children who have attended a public school or who requested an assessment from their LEA at any time since Jan 1, 2008. Protected information to be released to the plaintiffs will include your child(ren)'s name, date of birth, and social security number.

To prevent this release, you *must* write the Honorable Judge, Kimberly Mueller, objecting to the release of your child's protected information to the plaintiffs or their legal counsel. The court must receive your written objection by April 1, 2016.

A copy of the objection letter that you can send the Honorable Judge is in the last page of this document :

http://www.cde.ca.gov/re/di/ws/document ... 6jan26.pdf

Please spread the word as many districts have not gone public with either this lawsuit or this request for your child's protected information. If the court has not received your written objection by April 1, 2016, then you will be deemed to have waived your rights to privacy under FERPA, and your child(ren)'s private information will be handed over to the plaintiffs, pursuant to court order.

Do not wait, act now, as time is of the essence.


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Waterfalls
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15 Feb 2016, 9:20 pm

I am wondering what happens to the information? I've heard California wasn't meeting children's needs.....



HisMom
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15 Feb 2016, 9:28 pm

Waterfalls wrote:
I am wondering what happens to the information?


The information will be released to the Plaintiffs in the case, "Concerned Parents Association" or whatever they call themselves, who will then use it as "evidence" to supposedly support their allegations that the CDE failed to exercise its regulatory authority and prevent districts from violating IDEA, despite numerous complaints by parents / caregivers about these alleged violations. That the CDE just sat and played the proverbial fiddle while SDCs across the state burned.


Waterfalls wrote:
I've heard California wasn't meeting children's needs.....


That is the subject matter of this litigation and the Plaintiffs' claim. The Defendant, California Department of Education, stoutly denies the allegations. The case is being heard by the Honorable Kimberly Mueller. If you don't want your child's personal information released to "Concerned Parents", then write the judge and object to the release as a violation of your rights under FERPA.

I am not a big fan of California's school districts. As yet, I have no opinions (positive or negative) of the CDE. However, I strongly object to anyone (especially lawyers for unknown persons - no matter how "concerned" these persons are about the quality of my child's "education") gaining access to my child's protected information. If you think / believe likewise, then act before April 1, 2016.


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


zette
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16 Feb 2016, 5:18 pm

The California Parents Association has posted this response on Facebook. I don't know much about them, but did see them a few months ago seeking parents whose children had been affected to join their group and lawsuit.

Quote:
Frequently Asked Questions
Who is Concerned Parents Association?
Concerned Parents Association, also known as California Concerned Parents Association or CPA, is a 501(c)(3) organization that serves to advance the status of students with disabilities. We believe that by helping children with disabilities receive an appropriate education, we improve education for all students. The CPA is a nonprofit organization run entirely by unpaid parents and advocates. We all work in a volunteer capacity and this is not a full-time job for any of us.

What is this case about?
In 2012, CPA joined with the Morgan Hill Concerned Parents Association (MHCPA) to bring suit against the California Department of Education (CDE) alleging that the CDE was not providing California’s children with disabilities with a free and appropriate public education as mandated by federal law.

Why didn’t you notify me directly? Why are you trying to keep this quiet?
The Judge in this case ruled that it is the CDE’s responsibility to notify all affected parents, guardians and students of this disclosure of information by publication. Following extensive briefings, the Court determined that the most appropriate way to do this was for CDE to post the FERPA notice and objection form on its website and request that districts and SELPAs do the same. This procedure was found to be appropriate in other states as well. Although we were not required to do so, we have also posted a link to the CDE’s website containing the notice and objection form on our website and Facebook page. We understand that not all school districts have posted the notice and objection form on their websites; however, we unfortunately have no control over the content posted on their websites.

What information will you be collecting?
In order to vindicate the rights of these children, Plaintiffs’ legal team and experts require access to information about students in the state of California. Specifically, they seek information that school districts and SELPAs report to CDE and information that CDE reports to the federal government. This information takes the form of several large databases. CDE has represented that these databases may include information such as student demographic information, school district, and special education accommodations.

Why do you want my child’s social security number?
We do not want you child’s social security number. CDE has represented that social security numbers may be included in some databases, which they will be producing in their entirety.

Why do you need my child’s data? My child is not a student with disabilities—why do you need his or her information?
We need data about every student in California so that our statistician can perform meaningful statistical sampling. We need all of these data points so that we can pull a representative sample of the whole population. Otherwise, our sample will not accurately represent all students. Our statisticians will pull a random, statistically significant sample of student data and perform statistical analysis on that sample only, so that we can look at metrics such as whether a disproportionate number of certain ethnicities receive certain services.
We need this information in order to verify or refute CDE’s contention that its educational programs are compliant with state and federal law and need no further oversight or correction. CDE maintains that California’s educational services do not need to be looked at and need no improvement. Based upon our members’ personal knowledge and experience, we disagree.

Isn’t this just about Morgan Hill? Why do you need information about all students?
Although this case originated in Morgan Hill, it is about the CDE’s systematic failure to provide children with disabilities in the entire state of California with their statutory entitlement to a free appropriate public education. We have received countless calls from parents all over the state detailing similar problems in their own districts.

Why do you need information about all children since 2008 instead of just current students?
The CPA needs information from this entire range because it is relevant to the claims in its 2012 complaint (a summary of the complaint can be found here). If only current data were offered, CDE would persist in its statement that any findings of non-compliance are random.

Who will be accessing my child’s data?
Fewer than ten people will have access to your child’s information. Access will be limited to Plaintiffs’ attorneys and their staff, as well as select consultants including a data security expert and a statistician. Members of the association will under no circumstances have unfettered access to this data. Those with access to the data will be subject to the provisions of a strict protective order and the e-discovery protocol under file in this case.

How are you going to keep my child’s information safe?
CPA takes the children’s privacy rights very seriously. Every possibly precaution is already underway to safeguard the data at issue. The Court has issued a Protective Order that prevents any party from disclosing confidential data acquired in the course of the lawsuit to anyone other than the parties, their attorneys and consultants, and the Court. None of the information may be used outside the context of this lawsuit, and the parties are required to either return or destroy the confidential data at the conclusion of the lawsuit. No student’s identifying records will be disclosed to the public. The court has also appointed a digital data expert, a “Special Master,” who crafted a protocol approved by the Court for safeguarding the security of student information. This protocol includes a number of measures including a third-party risk assessment; the implementation of recommended safeguards; a record of all computer devices used to store or access the data; and transmitting all data only on fully encrypted external hard drives. No data transmission from CDE will occur without the approval and supervision of the Special Master. Again, after the conclusion of this litigation, all data will be either returned to CDE or destroyed at the end of this litigation.

What will you do with this information?
The CPA will use this information for statistical sampling that will verify or rebut the CDE’s statement that all children are getting the services they are legally entitled to receive.

Has something like this ever happened before?
Yes, student information has been released following a similar procedure in other states. The Court relied on these precedents when making its decision to release student information to the CPA.

What are you getting out of this?
The only thing the CPA stands to gain in this lawsuit is for children with disabilities in the state of California to be given the free appropriate public education they are guaranteed by the law. The CPA wants to improve education, as well as ensure that the CDE be held accountable to all of the students it serves.

How can I opt out of having my child’s information disclosed?
If you still have concerns about the use of your child’s information in connection with this litigation, you are welcome to complete and submit the objection form posted on the CDE’s website.

How can I contact you with my story or to ask more questions?
We would be happy to speak with you and to address your concerns. Please contact caconcernedparents@gmail.com



HisMom
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16 Feb 2016, 6:01 pm

zette wrote:

Quote:
Frequently Asked Questions
Who is Concerned Parents Association?
Concerned Parents Association, also known as California Concerned Parents Association or CPA, is a 501(c)(3) organization that serves to advance the status of students with disabilities. We believe that by helping children with disabilities receive an appropriate education, we improve education for all students. The CPA is a nonprofit organization run entirely by unpaid parents and advocates. We all work in a volunteer capacity and this is not a full-time job for any of us.

What is this case about?
In 2012, CPA joined with the Morgan Hill Concerned Parents Association (MHCPA) to bring suit against the California Department of Education (CDE) alleging that the CDE was not providing California’s children with disabilities with a free and appropriate public education as mandated by federal law.

Why didn’t you notify me directly? Why are you trying to keep this quiet?
The Judge in this case ruled that it is the CDE’s responsibility to notify all affected parents, guardians and students of this disclosure of information by publication. Following extensive briefings, the Court determined that the most appropriate way to do this was for CDE to post the FERPA notice and objection form on its website and request that districts and SELPAs do the same. This procedure was found to be appropriate in other states as well. Although we were not required to do so, we have also posted a link to the CDE’s website containing the notice and objection form on our website and Facebook page. We understand that not all school districts have posted the notice and objection form on their websites; however, we unfortunately have no control over the content posted on their websites.

What information will you be collecting?
In order to vindicate the rights of these children, Plaintiffs’ legal team and experts require access to information about students in the state of California. Specifically, they seek information that school districts and SELPAs report to CDE and information that CDE reports to the federal government. This information takes the form of several large databases. CDE has represented that these databases may include information such as student demographic information, school district, and special education accommodations.

Why do you want my child’s social security number?
We do not want you child’s social security number. CDE has represented that social security numbers may be included in some databases, which they will be producing in their entirety.

Why do you need my child’s data? My child is not a student with disabilities—why do you need his or her information?
We need data about every student in California so that our statistician can perform meaningful statistical sampling. We need all of these data points so that we can pull a representative sample of the whole population. Otherwise, our sample will not accurately represent all students. Our statisticians will pull a random, statistically significant sample of student data and perform statistical analysis on that sample only, so that we can look at metrics such as whether a disproportionate number of certain ethnicities receive certain services.
We need this information in order to verify or refute CDE’s contention that its educational programs are compliant with state and federal law and need no further oversight or correction. CDE maintains that California’s educational services do not need to be looked at and need no improvement. Based upon our members’ personal knowledge and experience, we disagree.

Isn’t this just about Morgan Hill? Why do you need information about all students?
Although this case originated in Morgan Hill, it is about the CDE’s systematic failure to provide children with disabilities in the entire state of California with their statutory entitlement to a free appropriate public education. We have received countless calls from parents all over the state detailing similar problems in their own districts.

Why do you need information about all children since 2008 instead of just current students?
The CPA needs information from this entire range because it is relevant to the claims in its 2012 complaint (a summary of the complaint can be found here). If only current data were offered, CDE would persist in its statement that any findings of non-compliance are random.

Who will be accessing my child’s data?
Fewer than ten people will have access to your child’s information. Access will be limited to Plaintiffs’ attorneys and their staff, as well as select consultants including a data security expert and a statistician. Members of the association will under no circumstances have unfettered access to this data. Those with access to the data will be subject to the provisions of a strict protective order and the e-discovery protocol under file in this case.

How are you going to keep my child’s information safe?
CPA takes the children’s privacy rights very seriously. Every possibly precaution is already underway to safeguard the data at issue. The Court has issued a Protective Order that prevents any party from disclosing confidential data acquired in the course of the lawsuit to anyone other than the parties, their attorneys and consultants, and the Court. None of the information may be used outside the context of this lawsuit, and the parties are required to either return or destroy the confidential data at the conclusion of the lawsuit. No student’s identifying records will be disclosed to the public. The court has also appointed a digital data expert, a “Special Master,” who crafted a protocol approved by the Court for safeguarding the security of student information. This protocol includes a number of measures including a third-party risk assessment; the implementation of recommended safeguards; a record of all computer devices used to store or access the data; and transmitting all data only on fully encrypted external hard drives. No data transmission from CDE will occur without the approval and supervision of the Special Master. Again, after the conclusion of this litigation, all data will be either returned to CDE or destroyed at the end of this litigation.

What will you do with this information?
The CPA will use this information for statistical sampling that will verify or rebut the CDE’s statement that all children are getting the services they are legally entitled to receive.

Has something like this ever happened before?
Yes, student information has been released following a similar procedure in other states. The Court relied on these precedents when making its decision to release student information to the CPA.

What are you getting out of this?
The only thing the CPA stands to gain in this lawsuit is for children with disabilities in the state of California to be given the free appropriate public education they are guaranteed by the law. The CPA wants to improve education, as well as ensure that the CDE be held accountable to all of the students it serves.

How can I opt out of having my child’s information disclosed?
If you still have concerns about the use of your child’s information in connection with this litigation, you are welcome to complete and submit the objection form posted on the CDE’s website.

How can I contact you with my story or to ask more questions?
We would be happy to speak with you and to address your concerns. Please contact caconcernedparents@gmail.com


I will certainly be emailing them and complaining about their fishing for data expedition.

I also call BS on their claims that the data of every child who has ever been assessed or qualified for or received services, is *required* so that their "analysis" is truly "representative" of the state of affairs and how the CDE sat on it's vast, bureaucratic @ss and let the districts violate IDEA left, right and centre. IF this was the case, then their lawyers would have filed a motion to prevent anyone from opting out their children's information, as such "opt-outs" will also result in affected "data points", leading to skewed "statistical analysis" will.

I do agree that from a purely social justice perspective that districts screwing over black students and Hispanic students routinely should be made to answer for their actions. However, having said that, I just don't think that action against rogue districts and indifferent SELPAs can be taken only if some random folks and their lawyers were granted access to my child's sensitive information. Having access to my son's SSN isn't going to uncover anything new.

So, no, I don't take kindly to them subpoenaing his records and have sent in my written objections to the Honorable Judge Mueller. Morgan Hill's "Concerned parents" don't have my permission to represent my son. Thanks, but no thanks.


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


Waterfalls
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16 Feb 2016, 6:36 pm

This reads to me like the schools might be using the social security numbers to try to scare people. Schools try hard to intimidate parents and do as little as they can for as many as they can. This affects everyone, from the typical child whose teacher is overworked to the struggling but mainstreamed child to the nonverbal child who cannot report speech therapy hasn't happened, again, and the OT room is overcrowded.....etc.

I think the opt out option means parents being allowed to opt out it doesn't mean that data isn't skewed by too many opt outs. It will be. But parents usually have a right to opt out for their child.

I am curious, as an aside. Do you feel your district is fair and reasonable and does what is right?



HisMom
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16 Feb 2016, 7:28 pm

Waterfalls wrote:
This reads to me like the schools might be using the social security numbers to try to scare people.


Aien't got nothing to do with school districts, actually. This is some random association of parents who want to access my kid's personal information because they believe that they can use my son's data to prove that the CDE screws every kid with special needs over.

Waterfalls wrote:

I am curious, as an aside. Do you feel your district is fair and reasonable and does what is right?


Yes, sure.... if you have a pitbull attorney on your payroll, then the district is "fair" and "reasonable" and simply overflowing with the milk of human kindness. Now, don't ask me what happens if you don't have the $$$ for a rabid lawyer, or hoard tonnes of melanin in your melanocytes, or don't speak English or any combination of the above. You really don't want to know.


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


Waterfalls
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16 Feb 2016, 8:07 pm

I understand not wanting to let them have your child's personal information.....but I hope they win for all the kids there.



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22 Feb 2016, 10:26 pm

I wouldn't let them have my child's records.

Did they lose when they submitted a complaint with the Dept. of Education?

Maybe I'm cynical but remember when OJ got off for mudering his wife and his family sued in civil court and won?

I don't live in CA so I wouldn't have heard anything on the news.

PLUS: IF THIS INFORMATION IS USED IN COURT IT IS NOT LONGER PRIVATE, IT BECOMES PUBLIC RECORD.


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22 Feb 2016, 11:32 pm

If I were contacted in this sort of thing, I would not mind. Information in schools is pretty accessible, this isn't necessarily more or less secure and I would want to know more about this before assuming the worst.

The issue that is important to me here is that most of us cannot afford to personally hire an attorney to fight for our child and it's hard to effectively advocate when you are outnumbered by people who know and support one another and may or may not want to and have the energy to support your child. Here a group with some money is looking to make a difference for underserved children. I feel this is a good thing and hope they succeed.



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25 Feb 2016, 11:07 pm

Quote:
CPA takes the children’s privacy rights very seriously. Every possibly precaution is already underway to safeguard the data at issue. The Court has issued a Protective Order that prevents any party from disclosing confidential data acquired in the course of the lawsuit to anyone other than the parties, their attorneys and consultants, and the Court. None of the information may be used outside the context of this lawsuit, and the parties are required to either return or destroy the confidential data at the conclusion of the lawsuit. No student’s identifying records will be disclosed to the public. The court has also appointed a digital data expert, a “Special Master,” who crafted a protocol approved by the Court for safeguarding the security of student information. This protocol includes a number of measures including a third-party risk assessment; the implementation of recommended safeguards; a record of all computer devices used to store or access the data; and transmitting all data only on fully encrypted external hard drives. No data transmission from CDE will occur without the approval and supervision of the Special Master. Again, after the conclusion of this litigation, all data will be either returned to CDE or destroyed at the end of this litigation.


Since the data is to be returned/destroyed after running statistical analysis on them & the transfer drives are encrypted, I don't see much risk there. I also assume the safeguard protocols match industry standards like not using on an internet connected machine, restricting access to the statistician(s) only and review of procedures and queries. In other words, they are under court order to borrow the data, perform a statistical analysis on it to show their case if they can, and then return or destroy the data.

I'm far more worried about the use of district student data by "partner" corporations than a parent group under such court-ordered & specified severe restrictions of use.


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20 Mar 2016, 12:52 am

This reminds me of that 1984 style UN treaty that - fortunately - the US has not ratified. But the FBI just came out with a memorandum urging data mining of students throughout the US. This was done by executive order of Oh-blah-blah. I read about it in a law journal. Not good.


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20 Mar 2016, 1:22 am

Mongoose1 wrote:
This reminds me of that 1984 style UN treaty that - fortunately - the US has not ratified. But the FBI just came out with a memorandum urging data mining of students throughout the US. This was done by executive order of Oh-blah-blah. I read about it in a law journal. Not good.

Do you have any sort of citation on that the rest of us can read, please? The only references I've found so far date back to 2006...


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