Poway School District Releases Student Data of 30,000 + students

The data included children’s names, nicknames, addresses, phone numbers, hearing and vision exam results, dates of birth, language fluency, academic test results and occupation of parents, according to the woman who received the data, Gabriela Dow.

See Poway data breach affects 30,000+ students

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Obama's Executive Action to Rewrite No Child Left Behind Modifies Student Privacy Rights - Personally Identifiable Information Is Now Available To For Profit Companies

At last nights BOT Meeting CUSD was put on notice that they have posted on their web site the names and student ID's of some students. See picture that is attached to this article. It is from the District's web site. I expressed great concern about the District's intention to embed Naviance into CCP which is a required course for graduation. Parents will have no way to opt out of personality tests or surveys which collect personal data not only on students, but on parents as well. The FERPA Loop hole allows student data to be shared with for profit education companies that perform surveys and data collection for districts. Privacy laws protect adults from having to take surveys and personality test so why is their a loop hole for students?

This is a serious violation of student privacy rights.

Family Educational Rights and Privacy Act (FERPA)

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
• Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

• School officials with legitimate educational interest;

• Other schools to which a student is transferring;

• Specified officials for audit or evaluation purposes;

• Appropriate parties in connection with financial aid to a student;

• Organizations conducting certain studies for or on behalf of the school;

• Accrediting organizations;

• To comply with a judicial order or lawfully issued subpoena;

• Appropriate officials in cases of health and safety emergencies; and

• State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Note: Remember the Morgan Hill Case where a judge ordered personally identifiable information be released under judicial order- See: http://disclosurecusd.blogspot.com/2016/02/lawsuit-against-california-department.html