Where is the ACLU When You Need Them?

If this article is not properly formatted, it can be read at: CUSDWatch: CUSD Trustees Approve Social Emotional Data Collection of Low Income Families at 6 San Clemente and San Juan Capistrano Schools

Viejo ES

Las Palmas ES

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Marblehead ES

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AGENDA ITEM #11 ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING WITH MISSION HOSPITAL MEDICAL CENTER: page 462

This Item was passed on the Consent Calendar without Discussion

This should not be done as a "modification" to an existing MOU. This should be a NEW Agreement.

On September 1, 2013 CUSD and Mission Hospital entered into an MOU to "improve the quality of life for faculty, staff, students and student families through education and referrals in the areas of childhood obesity and asthma."

The Original MOU

Name: Mission Hospital's Health Promotion Services - Asthma and Obesity program.

Term: 5 year contract September 1, 2013 to September 1, 2018.

Under the original MOU Mission Hospital was to share personally identifiable health data to CUSD that is suppose to be protected by HIPPA.

Agenda Item #11 makes the following changes to the original MOU

1) The name "Health Promotion Services" is being changed to "Community Benefit"

2) The services are being changed. Mission Hospital will no longer address the areas of childhood obesity and asthma the services will focus on substance abuse prevention and mental awareness.

3) Outside Consultants may conduct student and/or Parent Surveys with CUSD's permission.

Note: Due to a loop hole in the FERPA (Privacy Laws) done by Executive Order Under the Obama Administration- School Districts may collect personally Identifiable information on students and share that information with Private For-Profit Companies engaged in educational studies.

For Information on FERPA loophole see: http://disclosurecusd.blogspot.com/2016/05/up-date-to-post-dated-may-1st-obamas.html

4) The agreement is being modified to ensure that all survey data collected either hard copy or electronically will be gathered and stored anonymously.

Note: This indicates that the personally identifiable information collected during the study of Asthma and obesity were not stored anonymously.

5) The Term of the Agreement is extended to June 30, 2020.

Note: That is because they want to collect 3 years of data on substance abuse prevention and mental awareness.

From a 2013 OC Register Article the following schools participated in the program:

"In the eight schools with which the hospital is working, the number of students eligible for free meals ranged from 37 percent to 94 percent in 2012. To qualify, families of four had to earn $29,064 or less before taxes."

Did these families "OPT IN" to these studies?

Viejo Elementary School

Las Palmas Elementary School

San Juan Elementary School

Kinoshita Elementary School

Marblehead Elementary School

Del Obispo Elementary School

Concordia Elementary School declined to participate due to "some barriers."

CUSD's Local Dashboard

While every other State/School District backs away from measuring social-emotional data collection CUSD continues to collect student data without a parents ability to OPT OUT.

CUSD is measuring Social-Emotional Learning while everyone else realizes it is unethical to collect personally identifiable data on EVERY student with NO ABILITY FOR PARENTS TO OPT OUT!

Education Week: No State Will Measure Social-Emotional Learning Under ESSA. Will That Slow It's Momentum?

"When the Every Student Succeeds Act was enacted, speculation swirled that states might use it as a launching pad to use measures of students’ social and emotional competencies to determine whether their schools are successful."

The Capistrano Unified School District in Orange County California is doing this. In addition to California's State Dashboard, CUSD has developed its own "local Dashboard" specifically designed to capture social and emotional data on every student in the District, because it does not allow students to "Opt Out".

The work they are doing is getting so close to HIPPA Violations it is scary.

I believe this was all initiated by an ex-Trustee Lynn Hatton-Hodson who owns a company called InnovateEd that was partners in Systems Leadership Collaborative and LCAPca. She resigned under Conflict of Interest Allegations.

But- CUSD is marching forward with the data collection that has been put in place. I have have stood before that board many time and expressed my concern about the Collection of personally identifiable information on EVERY student with no ability to OPT OUT

See: See May 17, 2017 Board Workshop (which they do not record) Agenda Item #1 District Dashboard

Yellow: Social Emotional Indicators

Blue: Academic Indicators

See also CUSD's "Application to Conduct Research" where they sell that data to any interested party. http://capousd.ca.schoolloop.c...