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Privacy at Risk
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1994-08-03
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Seattle CPSR Policy Fact Sheet
K-12 Student Records: Privacy at Risk
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TOPIC
The U.S. education system is rapidly building a nationwide network of
electronic student records. This computer network will make possible the
exchange of information among various agencies and employers, and the
continuous tracking of individuals through the social service, education
and criminal justice systems, into higher education, the military and the
workplace.
WHAT IS THE ISSUE?
There is no adequate guarantee that the collection and sharing of personal
information will be done only with the knowledge and consent of students or
their parents.
Changes Are Coming to Student Records
National proposals being implemented today include:
- An electronic "portfolio" to be kept on each student, containing
personal essays and other completed work.
- Asking enrolling kindergartners for their Social Security Numbers,
which will be used to track each student's career after high school.
- Sending High school students' transcripts and "teachers' confidential
ratings of a student's work-related behavior," to employers via an
electronic network called WORKLINK.
At the heart of these changes is a national electronic student records
network, coordinated by the federal government and adopted by states with
federal assistance.
Publication 93-03 of the National Education Goals Panel, a federally
appointed group recently empowered by the Goals 2000 bill to oversee
education restructuring nationally, recommends as "essential" that school
districts and/or states collect expanded information on individual
students, including:
- month and extent of first prenatal care,
- birthweight,
- name, type, and number of years in a preschool program,
- poverty status,
- physical, emotional and other development at ages 5 and 6,
- date of last routine health and dental care,
- extracurricular activities,
- type and hours per week of community service,
- name of post-secondary institution attended,
- post-secondary degree or credential,
- employment status,
- type of employment and employer name,
- whether registered to vote.
It also notes other "data elements useful for research and school
management purposes":
- names of persons living in student household,
- relationship of those persons to student,
- highest level of education for "primary care-givers,"
- total family income,
- public assistance status and years of benefits,
- number of moves in the last five years,
- nature and ownership of dwelling.
Many of these information categories also were included in the public draft
of the 'Student Data Handbook for Elementary and Secondary Schools',
developed by the Council of Chief State School Officers to standardize
student record terminology across the nation. State and local agencies
theoretically design their own information systems, but the handbook
encourages them to collect information for policymakers at all levels.
Among the data elements are:
- evidence verifying date of birth,
- social security number,
- attitudinal test,
- personality test,
- military service experience,
- description of employment permit (including permit number,)
- type of dwelling,
- telephone number of employer.
WHO CAN ACCESS THIS COMPREHENSIVE INFORMATION?
Officers, employees and agents of local, state and federal educational
agencies and private education researchers may be given access to
individual student records without student or parent consent, according to
the federal Family Educational Rights and Privacy Act of 1974 (20 USC
1232g) and related federal regulations (34 CFR 99.3). Washington state law
echoes this federal law.
WHAT IS COMING NEXT?
Recent Washington state legislation (SB 6428, HB 1209, HB 2319) directly
links each public school district with a self-governing group of social
service and community agencies that will provide services for families.
This type of program is described in detail in the book, Together We Can,
published jointly by the U.S. Department of Education and the U.S.
Department of Health and Human Services. The book speaks of "overcoming
the confidentiality barrier," and suggests creating centralized data banks
that gather information about individuals from various government agencies -
or in other ways ensuring agencies, "ready access to each other's records."
The book calls for a federal role in coordinating policies, regulations and
data collection. A group in St. Louis, MO, called Wallbridge Caring
Communities, is cited as a model for seeking agreements to allow computer
linkups with schools and the social service and criminal justice systems to
track school progress, referrals and criminal activity.
WHAT HAPPENED TO ONE COMMUNITY
In Kennewick, WA, over 4,000 kindergarten through fourth graders were rated
by their teachers on how often they lie, cheat, sneak, steal, exhibit a
negative attitude, act aggressively, and whether they are rejected by their
peers. The scores, with names attached, were sent to a private psychiatric
center under contract to screen for "at-risk" students who might benefit
from its programs. All of this was done without the knowledge and consent
of the children or their parents.
CPSR's POSITION
CPSR Seattle believes that schools other agencies should minimize the
collection, distribution and retention of personal data. Students and/or
their parents should decide who has access to detailed personal
information.
CPSR ACTIONS
Representatives of CPSR Seattle have gone to Olympia to:
- oppose the use of the Social Security Number as the standard student
identifier,
- urge legislators to set educational goals that can be measured without
invading privacy,
- oppose turning over individual student records to law enforcement
officials apart from a court order or official investigation.
Computer Professionals for Social Responsibility - Seattle Chapter
P.O. Box 85481, Seattle, WA 98145-1481 (206) 365-4528
cpsr-seattle@csli.stanford.edu