Education

Will New Education Regulations Endanger Your Child’s Privacy?

Last month, the U.S. Department of Education issued a controversial proposal to amend the Family Educational Rights and Privacy Act (FERPA).  FERPA was signed into law in 1974 with the sole purpose of protecting students’ educational records.  Now, the law is being dramatically altered in an effort that critics claim will endanger student privacy, while increasing the federal government’s access to and control over private information.

The Department of Education’s web site, describes FERPA as a Federal law that “…protects the privacy of student education records.”  According to some advocates, proposed changes dramatically alter its intended purpose.

Under the law as it currently stands, parents have complete control over their children’s educational records.  Once the child reaches 18 or continues an education beyond the high school level, these rights transfer to the student.

Currently, schools need written permission from the parent or student if they plan to release information from students’ educational records.  There are a few parties, though, that are able to access the information without written permission.  Critics are most worried that the impending changes would expose private information to even more parties, while chipping away at parental and student rights.

Will New Education Regulations Endanger Your Childs Privacy?

Recently, when speaking about the proposed regulations, U.S. Secretary of Education Arne Duncan said:

“Data should only be shared with the right people for the right reasons.  We need common-sense rules that strengthen privacy protections and allow for meaningful uses of data. The initiatives announced today will help us do just that.”

No one is opposed to strengthening student privacy protections, but opponents claim that the new regulations are more focused upon streamlining data collection than they are providing students with control of their own educational records.  These critics also see the proposed changes as yet another federal power grab that will inevitably result in fewer privacy protections for Americans.

In April, the National Association of Independent Colleges and Universities (NAICU) issued a press release that called the government’s new regulations an “…intent to facilitate statewide longitudinal data systems capable of tracking individuals from pre-kindergarten through employment.”

The NAICU claims that the government is utilizing FERPA, a federal law that was created to protect individual rights, to implement a national data system as well as launching potentially contradictory policies that serve entirely new interests.  NAICU says these regulatory changes “… represent a substantial and unwarranted erosion of student privacy.”

American Principles in Action (APIA) is another organization that stands firmly planted against the Department’s proposals.  In an interview with The Blaze, Emmett McGroarty, the director of Preserve Innocence, a project of APIA, explained his belief that the FERPA amendments are only a piece of the overall puzzle in the federal government’s attempt to co-opt education.  According to McGroarty:

“Race to the top is the next step after No Child Left Behind.  Race to the Top was intended to foist national curriculum on the states and a national means of evaluating.  This data system is in the larger stimulus package.  Every state that took [stimulus] money needs to have databases and then connect them to the states and the federal government in an effort to track students from kindergarten throughout their careers.”

While NAICU and APIA stand against the government’s proposed changes, there are many who believe that moving in this direction will better serve the American educational system.

Kathy Gosa, informational technology director for the Kansas education department, claims that schools have been requesting greater access to student records for some time now.  To date, student progress has been tracked in aggregate.  Gosa explains, “…this version of FERPA allows us to share back information with teachers about individual students.”  In the end, she believes that having this access will enable schools to evaluate programs to see what’s working and what needs an overhaul.

By providing educators and researchers with essential information about student achievement, there will surely be more viable ways of tracking the progress and impact of educational programs.  That being said, who decides which parties should have access to student information and how will this information be protected?

Will New Education Regulations Endanger Your Childs Privacy?

McGroarty explains that these changes “… would greatly expand the definition of research studies…and who can conduct them.”  Perhaps more problematic is the idea that the new changes would expand the definition of an educational program.  The NAICU writes that, “The changes are intended to remove barriers to linking education records with records maintained for pre-school, health and human services, labor, and the like.”  McGroarty expanded upon this further:

“These proposed rule changes expand the universe of entities that can receive the data, which is one of the really dangerous things here.  Under the current proposals, the attorney general and controller general can look at [the data] for auditing purposes.  The secretary of education can look at it in terms of evaluating their programs.  This would also include the Department of Labor and the Department of Human Services.”

The point of these regulatory tweaks is to make data more available, but the “to whom” question is an important one.  When examining the government’s explanation of who qualifies as an “authorized representative,” the definition is fairly vague:

Under the proposed definition, an authorized representative would mean any entity or individual designated by a State or local educational authority or agency headed by an official listed in § 99.31(a)(3) to conduct—with respect to Federal or State supported education programs—any audit, evaluation, or compliance or enforcement activity in connection with Federal legal requirements that relate to those programs.

APIA has issued a strong reaction to this broad designation, claiming in written commentary that this essentially allows the government to release student data to anyone it would like.  In APIA’s view, this is directly opposed to the allowances as they currently stand under FERPA.

With more student data falling into the hands of a greater number of researchers, one also wonders how individual student data will be kept safe.  States will need to take on the task of training any and all teachers and support staff with access to the system.  Simple mistakes happen, but in this case a small error could mean the exposure of very private information.

Proponents claim that FERPA changes on the table would address these concerns, as any researcher who accidentally leaks student information risks losing federal grants or being forbidden from viewing student data for five years.  But, no one can deny that by expanding access and key players, risk of data exposure will also increase.

The Department of Education has placed these regulatory changes up for public review and comment. The deadline to comment is today, Monday, May 23.  McGroarty believes that changes of this magnitude should be presented to Congress – a move the Department has avoided.

In a perfect world, even if the government adequately implements safeguards, there are still a number of concerns on the table.  Critics believe that the executive branch is overreaching in its powers and contradicting democratic values by making such sweeping changes to a law that was originally created to protect privacy.  What do you think?  You can read the Department’s rationale here.

Comments (101)

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  • satotbs
    Posted on May 23, 2011 at 8:45am

    I agree with all of you who think we should abolish the Fed.DoED. I seem to remember their yearly budget was $141 billion? Do you remember earlier this year the Comedian in Chief wanted $90 million for a panel or another commission to find out what types of the latest technology we need to provide to our students to be competitive in the global front. Question: what the hell does the DOED do with all that money? Give me that amount and every student in this country would have more technology than they could carry in a Gucci knapsack. Just some more examples of the insidious waste of our resources and your tax dollars to provide jobs to people who can’t make it in the private revenue generating sector. If we all work for the Government, who will pay us? Maybe we can impose a recovery tax on all the rest of the Global community we have supported over the years?

    Report Post » satotbs  
  • GodsDotr
    Posted on May 23, 2011 at 8:40am

    Then they can decide if your child’s aptitude is to be a butcher, baker or candlestick-maker and educate them for those purposes.

    Report Post »  
  • CHICAGOTHUGBUCKET
    Posted on May 23, 2011 at 8:39am

    It’s Bigger than you think, soon swat could be called for those home schooled. Arnold is from our town and loves bureaucratic authority just like Bo.

    Report Post » CHICAGOTHUGBUCKET  
  • betsea ross
    Posted on May 23, 2011 at 8:20am

    Progressives want us to be just like Europe- take a test and see what job /career is for you! Never mind what you might want to do! I am sure the need for all the info. is “for the greater good” We are just too stupid to understand their reasoning!

    Report Post »  
  • Rickfromillinois
    Posted on May 23, 2011 at 8:18am

    Wasn‘t there an article earlier this week saying that the DOE wanted to know the Religion and political affiliation of each student’s parents? I believe there was. Couple that with this article doesn’t it sound as though the Federal Government is using the DOE to gather information and track everybody in the United States? Do not listen to the stated purpose of these government programs, look at how it can be used to abuse and infringe on U.S. citizen’s rights. A very good example of this is the Interstate Commerce clause in the Constitution. That is what Congress uses as justification for everything that it does to the American People.

    Report Post » Rickfromillinois  
  • momsense
    Posted on May 23, 2011 at 8:16am

    More reason to get rid of the Dept of Ed.

    Report Post »  
    • elphi43
      Posted on May 23, 2011 at 1:08pm

      The DOE, came to be during the Carter Administration. Another reason the Carter Administration is the second worse Presidential Administration in the last 100 years.

      Report Post » elphi43  
  • RN MOM
    Posted on May 23, 2011 at 8:05am

    Absolutely disgusting! All I can say is from now on, each time I get a call from the school, it will be forwarded to my attorney. This is a blatant abuse of privacy and it will not correct the core issue here- that our students are not performing up to the standards that the US DOE want. I say “go screw yourselves and stop comparing us to communist China where 1/2 the kids don’t even go to school, most of the tech they have has been pirated from us, and they build empty cities.” From a country that manipulates it‘s currency and it’s image to make itself look the best- WHY ARE WE FALLING FOR THIS?

    THE US DOE is a humongous waste of taxpayer money!!! We should see all their records. We can start with their medical records, then their IRS records, then their financial records, then their actual work performance records.

    Report Post » RN MOM  
  • libertylady2
    Posted on May 23, 2011 at 8:03am

    “Sve only vant vats best for zee chilrens.”

    Report Post » libertylady2  
  • BOMUSTGO
    Posted on May 23, 2011 at 7:51am

    Is this part of that “No child’s behind left alone” Bill by Ted (Hic) Kennedy and Bush???

    Report Post » BOMUSTGO  
    • teddrunk
      Posted on May 23, 2011 at 8:13am

      “Belch”..Let the word go forth, to a…“hic”…new generation…that I’m a drunken captain of the USS Oldsmobile and I helped, “burp”…invent the waitress sandwich.

      Report Post »  
  • Marylou7
    Posted on May 23, 2011 at 7:48am

    Would this mean that we could finally get Obama’s school records?? If not, NOT interested. Just another progressive move to take away our rights one nudge at a time.

    Report Post » Marylou7  
    • Locked
      Posted on May 23, 2011 at 2:26pm

      Wait… you’re only interested in stripping freedoms if it involves going after a Democratic president? Kinda shows a skewed way of viewing things if you’d throw millions of students under the bus just to get at some school records. Think a bit before you speak.

      Report Post »  
  • PATRIOTINTN
    Posted on May 23, 2011 at 7:29am

    (sarcasm note) It’s OK. They’re only going to share data with “the right people for the right reasons.” (end sarcasm) Just who are the “RIGHT” people? I wonder… I’m for abolishing the federal Dept. of Education, but what happens to all their computers and data? Who gets all that stuff and how do we make sure it’s not available to those who would misuse it?

    Report Post »  
  • TAKE_NO_PRISONERS
    Posted on May 23, 2011 at 7:24am

    Keeping track of America one student at a time.Now let’s do that with all your personal data, guns ,bank account,where you go on the net, driving habits, what you buy…..etc….. and the list goes on, then the government can better control you by honing in on what you need corrected by government fiat…..isn’t it wonderfull POTUS can direct us to be better comrades.

    Report Post »  
  • daavidruth93
    Posted on May 23, 2011 at 7:24am

    Every time you turn around the Federal Government is trying to get control of data on its’ citizens. Obummer Care plans massive changes to informational gathering; you have plans for the IRS to monitor and tax all firearms, & the Federal contracting process wants all donations reported. Is there a pattern here to start a Dept of Citizen Information? Wow, job creation! Or should this be a valid reason to abolish the Dept of Education. Or is it a valid reason to Impeach our President and clean house!

    Report Post »  
  • jeff.cooper
    Posted on May 23, 2011 at 7:20am

    What the Dept. of Education should be doing is trying to find a way to dismantle themselves. Since they won’t do that, they should change the initiative of this proposal and focus fire it at the teachers. How a teacher performs in each classroom, year after year, should be available online for all to see. Classroom scores, test scores, and their discipline record. Do that, and see how they like being put under the microscope.

    Report Post » jeff.cooper  
  • bets
    Posted on May 23, 2011 at 7:14am

    And to continue to make things worse if you do deside to move from food service to car repair you will not be highered. That is what i was told by RECA person in the late 90′s This is not about education this is about control of populations.

    Report Post »  
  • bets
    Posted on May 23, 2011 at 7:12am

    This sounds like part of a plan that i learned about in the late 90′s. My state was developing RESA plans then. Children would deside at 7th grade what carrieers they wanted or what type of jobs they wanted. Then the school systems would teach them for that particular path. This would include into college and beyond. When i was told this by one of the developers it blew my doors off. No one was trying to stop it then and i wonder if it can be stopped now. Example you and i graduated from highschool went to work at fast food or bowling ally. Then found job as file clerk moved from file clerk to dispatcher in major firm. First job was delievering papers. New world if you go to college to learn to prepare food you can not decide later you want to build cars. Because businesses have collaberated with schools to higher students upon graduation. Hence the need for Pre K to college info. Only answer i know for this is to homeschool all children and help friends to do the same.

    Report Post »  
    • cassandra
      Posted on May 23, 2011 at 7:24am

      this is exactly what they did in the old Russia, by the time you were 12 you were taken away from tour family and sent to the school for whatever you tested the best at. weather you wanted to go into that line of work or not

      Report Post »  
    • katiefrankie
      Posted on May 24, 2011 at 10:16am

      Seriously – this is giving me flashbacks to reading Ayn Rand’s “Anthem” right before my freshman year in high school.

      Report Post » katiefrankie  
  • christianUSA
    Posted on May 23, 2011 at 7:10am

    OK I got it by by privacy; in order to collect all students, they start young who don’t know freedom or privacy rights, therefore all native US will have a school ID thus NATION US ID thus national data base record starting at preschool but since this is part of healthcare package also add in anyone getting medical care ever to data base med payment / care records thus a total record national ID which soon to be linked to credit and then their, oh excuse me our money for some kind of sale tax, can you say comie company store; Oh ha ha it really was not just health care and emergency bank bill it socialism tyranny bills. Ya they really care about ED.

    Report Post »  
    • Dahart
      Posted on May 23, 2011 at 7:27am

      Yes…and at what point are they going to ask us to just hand over our children!?

      Report Post » Dahart  
    • MaggieRose
      Posted on May 23, 2011 at 9:10am

      @Dahart… millions and millions of parents do just that every day… it’s called daycare, headstart, k-12… and our poor children start out fighting the battle at just 12 weeks old, sacrificed on the altar of their parents double income, bigger houses, more cars… sad.

      Report Post »  
  • Chett
    Posted on May 23, 2011 at 7:01am

    Won’t this be fun when its all in an automated database that gets hacked?

    Report Post »  
    • jb.kibs
      Posted on May 23, 2011 at 8:32am

      and they will.
      if something can be built or secured by mankind, it can be destroyed and infiltrated by mankind.

      Report Post »  
  • florida123
    Posted on May 23, 2011 at 7:00am

    So how do we stop this Gestapo tactic? Congress is helpless? the executive branch is the Dictator? What now?

    Report Post » florida123  
  • MOLLYPITCHER
    Posted on May 23, 2011 at 6:57am

    I’d like to know how this is going to affect homeschooling. The department of education is nothing but a pain in the butt. As far as I can see, they do much more harm than good.

    Report Post »  
    • jb.kibs
      Posted on May 23, 2011 at 8:29am

      i am going to be homeschooling my children whether they like it or not. they can ‘educate’ my children over my dead body. and no, i dont care if they follow through on that. whatever… i wont die without a fight.

      * They can‘t control what doesn’t exist…

      Report Post »  
    • Taquoshi
      Posted on May 23, 2011 at 9:12am

      I think there were will two results from this massive collection of data. First of all, I’ve been told that our state will have a graduation exam that will include an algebra portion, similar to the Regents exam in New York. I expect the number of drop outs to increase because Algebra is taken in the earlier years of high school.

      Secondly, the teachers will be teaching to the test, so the data will reveal this. I’d advise everyone to watch “Race to Nowhere” and listen – listen carefully to what students are saying. For most of them, school is an obstacle course, and some of them don’t make it out alive. Cheating is rampant. With federal tracking, it will only get worse.

      With so many massive problems, I think that government isn’t going to be able to track the homeschoolers. They are going to have their hands full with just the regular, enrolled students.

      We homeschooled our son and he did well in at our community college. He was amazed at how the students are so unprepared for problem solving and can’t think on their own.

      Report Post » Taquoshi  
    • shell79
      Posted on May 23, 2011 at 11:43am

      i agree i will home school my child

      Report Post » shell79  
  • kerf
    Posted on May 23, 2011 at 6:54am

    Every state has a department of education, so why do we even need a Federal Department of Education. We have allowed Congress, by creating this monster, to usurp our rights to educate our children as we see fit not as some nameless bureaucrat says we should. Why are dumping hundreds of billions of dollars, that we don’t have, into a system that has proved itself to be a colossal failure.

    Do our children and ourselves a favor, close this agency, fire all the Federal employees that work there, turn out the lights and put a “for rent” sign on the front door!

    Report Post » kerf  
    • Stoic one
      Posted on May 23, 2011 at 9:48am

      NO not ‘for rent’; how about soon to be DEMOLISHED!

      Report Post » Stoic one  
  • Kai Wan
    Posted on May 23, 2011 at 6:52am

    And still. we cannot see pos obama’s school records…. go figure.

    Report Post » Kai Wan  
    • Freedom1984
      Posted on May 23, 2011 at 9:07am

      That is EXACTLY what I was thinking… BO, you dumba$$ show us your school records! Bet you won’t you COWARD.

      We need him impeached.

      Report Post » Freedom1984  
    • Locked
      Posted on May 23, 2011 at 2:24pm

      Ironically, it‘s BECAUSE of FERPA that we can’t see them. Loosening the restrictions would at least allow them to be used for research uses (though likely not identified as belonging to him).

      Report Post »  
  • American_Alliance_for_the_Support_of_Sarcasm
    Posted on May 23, 2011 at 6:51am

    The iron grip is tightening

    Report Post » American_Alliance_for_the_Support_of_Sarcasm  
  • Mannax
    Posted on May 23, 2011 at 6:47am

    Yet another reason that we need to trim back the federal government and get rid of quite a few departments,such as the Department of Education. Many of these departments seem to just be there to take control away from the state on issues that are best left up to the states.

    Report Post »  
  • BOMUSTGO
    Posted on May 23, 2011 at 6:46am

    The Brown shirts are coming the brown shirts are coming! After your children!!!!

    Report Post » BOMUSTGO  
    • Whirling Dervish
      Posted on May 23, 2011 at 7:11am

      Abolish doe now!!!!!!!!!!

      Report Post » Whirling Dervish  
    • Dahart
      Posted on May 23, 2011 at 7:12am

      Did anyone notice The department of educations seal? A large oak tree with an acorn at the bottom. Doesn’t it look familiar. Were have we seen that before?

      Report Post » Dahart  
    • Whirling Dervish
      Posted on May 23, 2011 at 7:15am

      People, we are witnessing Fascism in the making, the pirates have taken over the ship and now they are coming out with a vengeance!!

      Report Post » Whirling Dervish  
    • Snowleopard {gallery of cat folks}
      Posted on May 23, 2011 at 7:17am

      Just one more move by the progressives to assume more and more control over every aspect of our lives by an intrusive and powrful government. Soon there will be nothing left for any of us to be able to say or do without the suspicious knocking at our door with the guys calling out “Comrads…”

      Report Post » Snowleopard {gallery of cat folks}  
    • GODSAMERICA
      Posted on May 23, 2011 at 8:02am

      Well another attempt to monitor everyone to make sure that they follow the communist manifesto.

      Report Post » GODSAMERICA  
    • IMPEACHBHO
      Posted on May 23, 2011 at 8:12am

      The U.S. Department of Education was started by Carter in 1980. It must be abolished in 2012. It is a propaganda arm of the socialist brainwashing that has been going on in our schools for decades. The weeds of their labor is why we now have a Marxist in the White House.

      Report Post » IMPEACHBHO  
    • jb.kibs
      Posted on May 23, 2011 at 8:25am

      Every state that took [stimulus] money needs to have databases and then connect them to the states and the federal government in an effort to track students from kindergarten throughout their careers.”

      - enough said. you willingly take something from someone without compensation. they OWN YOU. GG.

      Report Post »  
    • mikem1969
      Posted on May 23, 2011 at 9:19am

      Abolish all federal education programs now before it is to late. Time for WE THE PEOPLE to take control.

      Report Post »  
    • Stoic one
      Posted on May 23, 2011 at 9:25am

      1984
      Gattaca
      Animal Farm
      Fahrenheit 451

      Report Post » Stoic one  
    • old white guy
      Posted on May 23, 2011 at 10:40am

      the brown shirts are coming. sorry man, they are already here. votes will not get rid of them.

      Report Post »  
    • Sinista MACE
      Posted on May 23, 2011 at 10:50am

      Abolish the DOE.

      You know, I want so many government agencies abolished…

      Does that make me a modern day abolitionist against government slavery and tyranny?

      Well, I think it does!

      Report Post » V-MAN MACE  
    • Secret Squirrel
      Posted on May 23, 2011 at 2:23pm

      .
      Hey, let’s have the TSA grope the kids when they get to school in the morning!

      If it’s good for New Mexico, it’s good for everyone.

      Report Post » Secret Squirrel  
    • independentvoteril
      Posted on May 23, 2011 at 7:34pm

      well are we talking about ARNIE DUNCAN who RAN the EDUCATION further into the abyss than those before him??? CHICAGO has the LOWEST number of kids that can READ, WRITE, or do SIMPLE MATH in the ENGLISH LANGUAGE than almost anywhere but CA.. Yep he’s a OUT AND OUT PROGRESSIVE.. he held back the children of AMERICAN citizens by trying to make them adapt to the LATINO educational system.. rather than making the LATINO’S learn our system.. My granddaughter (who‘s father is HISPANIC and who’s family has been here since TX wasn’t even a state) had to be taken out of the schools in CHICAGO and put into a private school when she came home saying they were told to BOO America and CHEER MEXICO, in one of the 5 BRAND NEW SCHOOLS put up JUST for LATINO’S.. and they MUST speak SPANISH.. (my granddaughter, nor her father or grandmother speak SPANISH).. Now for 5K a year she goes to a private school with many other HISPANIC‘S who’s families are having the same problem.. Looks like the next generation will be HOME SCHOOLED..

      Report Post » independentvoteril  
    • banjarmon
      Posted on May 24, 2011 at 12:54am

      “Data should only be shared with the right people for the right reasons. We need common-sense rules that strengthen privacy protections and allow for meaningful uses of data. The initiatives announced today will help us do just that.”

      Will this open BO’s school records???

      Report Post » banjarmon  
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