MCLU Issues Back-to-School Privacy Alert
August 20, 2009
Following the world of the SIS and its impact on public education.
JOSH VERGES • JVERGES@ARGUSLEADER.COM • FEBRUARY 22, 2010
Fayette County Public Schools expect revenues from various taxing and interest sources to decline by $3.2 million in the current school year's working budget as a result of the sagging economy.
Julane Mullins, the district's associate budget director, told the Fayette County school board Monday night that the school system will adjust its current operating budget to make up the bulk of the shortfall by using dollars previously budgeted for a proposed employee attendance incentive program.
Mullins stressed, however, that the schools "remain on solid financial footing" and that the staff is closely monitoring the financial situation.
According to Mullins, the district now expects to receive $800,000 less in motor vehicle tax revenues in the current budget; $900,000 less in revenue from Lexington's occupational license tax; and about $1.5 million less in interest earnings.
Several factors are involved in the projected declines, which are based on revenue collections over the past several months.
Mullins said the state is changing the way it figures motor vehicle taxes, switching from Blue Book valuations on vehicles to average trade-in values instead. According to Mullins, that's expected to result in about a 10 percent decline in motor vehicle values, translating into fewer motor vehicle tax dollars for the school system. Auto sales, which are declining across the country, also are contributing to the shortfall, Mullins said.
Lexington is running a 6.6 percent unemployment rate, which is sharply cutting into revenue the schools receive from the city occupational license tax, Mullins said. Interest earnings on the school system's funds are down because the schools are earning an interest rate "significantly less than 1 percent," she said.
To make up for the $3.2 million shortfall, the district proposes using $3 million it previously set aside for a program aimed at encouraging bus drivers and teachers to come to work.
An additional $800,000 will be taken from contingency funds.
Mullins indicated more adjustments might be necessary if funding from the state Department of Education is reduced as has been discussed, and the state carries through with plans to charge local schools for the cost of maintaining the Infinite Campus computerized student information system.
[January 14, 2009] |
February 9, 2009
Data collection sparks privacy concerns
By ERIC NEWHOUSE
Tribune Projects Editor
Montana’s Office of Public Instruction has begun collecting information – including medical data – on students with disabilities, raising some confidentiality concerns among school officials.
“I don’t have any problem submitting this data to the state, but it’s wrong to associate it with an individual student by name,” said Doug Sullivan, superintendent of schools in Sidney.
In addition to a list of the physical and emotional disabilities students have, Sullivan also is concerned that the state requires general income information by asking which students are eligible for a subsidized school lunch, Sullivan said.
“I asked the principal not to disclose some of that specific information about my son, but he told me that could jeopardize federal funding of school programs,” Sullivan said. “But that jeopardizes my right as a parent to control information about my own child.”
Madalyn Quinlan, chief of staff for OPI, said the data is required by the Achievement in Montana system, which is used to assess and track the educational progress of students.
“It’s an accountability requirement for the federal government to ensure we are providing services to the students they’re providing funding for,” said Great Falls Public Schools Superintendent Cheryl Crawley. She said the system’s current security provisions appear adequate to her and her staff.
The program, which collects 108 data sets on each child, is in the fourth year of a five-year contract with the software vendor, Infinite Campus Inc.
“The system for the special education program is just being rolled out this year,” said Bob Runkel, assistant superintendent of OPI.
Information in that system includes individual education programs, in which teachers devise strategies to educate students with a variety of physical, mental and emotional disabilities.
“My point is that that information doesn’t belong to the state, at least not on a personal identification basis, particularly in a state that has so strongly rejected the Real ID program (a national program of standardized identification),” Sullivan said.
Runkel said school officials are sensitive to those concerns.
“Of course we’re concerned,” he said. “We’ve developed a system, keeping privacy and confidentiality of student data in mind, and it has a lot of safeguards built into it.”
“The product itself is actually stored with the state (online) firewall,” Quinlan said. “Any information uploaded from the school districts comes across a secure site, and no information is exchanged via e-mail.”
Additionally, all OPI employees are trained on student confidentiality procedures, she said.
Those measures aren’t enough, according to Sullivan and the board of trustees of the Sidney Public Schools.
Sullivan said he wonders why OPI can’t generate a student identification number and send it to the district, which will then assign it to a student. Once that is done, the district and OPI could refer to that student by the number, with only the district having access to the name assigned to the ID number.
“The (software) product we purchased has the student name as an integral part of the program,” Quinlan said. “And the student name helps us when we deal with the local school district.”
Even if an ID number is created, the information could still be exposed at the district level, said Glynn Ligon of ESP Solutions Inc., a consulting firm in Austin, Texas, that bills itself as specialists in K-12 data systems.
“I personally think the ruse of getting only the ID number goes only so far in protecting the student’s identity, because it still creates a unique record that is linked back to a personally identifiable record at the local level – and possibly elsewhere,” he said. “Plus, within the record itself, there will be, at times, data or combinations of data that uniquely identify individuals.”
Barbara Clements of ESP Solutions added that system hackers tend to be more successful on a local level.
“Frankly, I haven’t heard of any hackers getting into student records at the state level. They are usually high-school students wanting to change a grade, and they are more likely to go after school district systems,” she said. “There is nothing, really, to gain from state records, which contain only a small portion of what is kept at the local level.”
Clements said that other states’ education departments have adopted different strategies to protect student privacy.
“In some states we have worked with, there was concern about collecting the student name,” Clements said. “Those states have generally either collected the student records without the student name or stripped the name of the record when the data are entered into a data warehouse.
“The name is important to ensure that the student identifier is correct,” she added. “Once that check is done, the name is not really needed at the state level. “
It can be a delicate balancing act to meet all the legal requirements and ensure security.
“Many states have collected records … over the years – without the student’s name,” Ligon said. “The real solution is to have a solid, legal, defensible data access and management policy that complies with FERPA (the Federal Education Rights and Privacy Act), HIPAA (the Health Insurance Portability and Accountability Act, which provides for patient privacy), and your state laws, and allows local policies to be adopted that are consistent.”
OPI officials are beginning to revisit the issue as the current software contract, which calls for the state to pay $435,000 annually, nears the end of its terms.
“We’re doing some research now on what other states with a longer track record have been doing to keep student names separate from ID numbers and accompanying information,” Quinlan said. “There is some precedent for it nationally.”
Additional Facts
Hearing
The Senate Judiciary Committee will hold a hearing on Senate Bill 338, which would protect information and court records relating to children with disabilities, at 9 a.m. Tuesday in room 303 of the state Capitol in Helena.
Link: http://axiomamuse.wordpress.com/2009/02/10/data-collection-sparks-privacy-concerns-mt-public-schools/
AUGUSTA, Maine — Students, parents and school administrators all told lawmakers the Department of Education should stop collecting the names of students disciplined by schools and keeping them in a database, but Commissioner Susan Gendron warned that could jeopardize all federal funds for education that come to the state.
“If we don’t comply with reporting requirements as the federal government specifies, we can in fact be required to return all and any federal dollars,” she told lawmakers. “IDEA [Individuals with Educational Disabilities Act] alone is $50 million a year.”
Gendron said that while the state is collecting the disciplinary information, it reports the information only as aggregate data without the students’ identification numbers. She said individual data are confidential by law and protected from release.
“The DOE has no compelling need to know this information that would override the rights of our students and their families,” said Patricia Hopkins, superintendent of Camden area schools. “The DOE has a data collection concern that it has chosen to solve at the expense of student privacy instead of protecting that privacy.”
She and other speakers argued there is no assurance that the department can keep the information confidential once it is collected. She said there have been frequent and well-publicized reports of data breaches at major corporations and at the federal government.
“They are trying to put a lot of security measures on this but even with the top security on this information it can still be accessed, it can still be breached,” said Jason Hamilton, a senior at Hampden Academy. “I just don’t think this is right.”
He said it does not seem fair that if he committed a crime as a juvenile, that record is not kept after he turns 18, but a record of a suspension for a playground fight in elementary school would be in a Department of Education database. He was one of several students testifying in support of banning the collection of names as part of the Department of Education database.
“The simplest terms I can put this in is when I had to set down and make a decision about putting students’ names in, it just felt dirty to me,” said Scott McFarland, principal of Mount Desert Elementary School in Northeast Harbor. “This just stinks, it is not right and it is not acceptable to me.”
The Maine School Management Association and the Maine School Boards Association also supported the measure.
Commissioner Gendron, the only opponent to the bill, defended the collection of the information as required by several federal laws, but her assertion was challenged by Jon Paterson, a Portland attorney representing the Maine Civil Liberties Union at the hearing.
“In my personal review of the federal laws that were cited by the department, there is no requirement in any of these federal laws that requires the Department of Education to collect that information,” he said.
In fact, Paterson said, some of the federal laws cited by department, such as the No Child Left Behind Act, specifically prohibit collection of information that names an individual.
“It says that reporting schools shall not identify victims of crimes or persons accused of crimes,” he said. “In the Individuals with Educational Disabilities Act, the state is prohibited from collecting information that would disclose personally identifiable information about individual children.”
The measure is sponsored by Sen. Justin Alfond, D-Portland, co-chair of the committee. The bill now will be considered at a workshop of the committee, scheduled for Wednesday afternoon. The bill then will go before the full Legislature with the recommendation of the panel whether it should be passed or needs to be amended.
Link: http://www.bangordailynews.com/detail/103236.html