By Jeanne Berrong
Parents of California schoolchildren:
If your child was or has been a student in California public schools since January, 2008, their personal records will be released to a private party as the result of a lawsuit filed by a non-profit requesting public records. That means their social security numbers, mental health records, testing records, behavior and discipline records will now be at risk of a security breach.
[UPDATED TO ADD: Here is an excerpt from the statement of assurance that property security measures will be taken under the conditions of this lawsuit issued by the California Concerned Parents Association which sued to access the student data to advocate on behalf of special needs children.
To ensure the appropriate level of security, the Court took a number of aggressive steps. First, it issued a Protective Order that prohibits counsel for the parties and their experts from disclosing any confidential information that is exchanged in the course of this litigation. To the extent any such information needs to be presented to the Court, it will be presented under seal and will not become part of the public record.
Second, the Court retained a Special Master who is an expert in cyber security and data breach prevention. The Special Master is tasked with, among other things, ensuring that the handful of Plaintiffs’ representatives (less than 10 individuals) who will have access to the student data are following the strict measures imposed by the Court. Nobody in the association will have access to this material. No data will be exchanged unless and until the Special Master has certified that the Plaintiffs’ security measures meet his rigid standards.
Third, the Court has appointed a Magistrate Judge who will work with the Special Master and the parties to ensure that this protocol is uncompromisingly observed and applied.
Parents who have ongoing concerns about the security of their children’s data should take the steps outlined in the Notice posted on the CDE’s and the school districts’ websites. But they should keep in mind that thousands of individuals employed by the California school system have access to these data without the safeguards that will be in place in this litigation. –Ed.]
How this ruling is not a FERPA violation boggles the mind. Concerned parents should go to this California Department of Education link for more information on the lawsuit and for details on how they can withhold their child’s personal information. Concerned parents can also use the forms from the California Department of Education site which are reposted here for your convenience.
This form (or the information contained in this form) must be sent via regular mail to:
United States District Judge Kimberly J. Mueller
c/o Clerk of the Court
Robert T. Matsui United States Courthouse
501 I Street, Room 4-200
Sacramento, CA 95814
Attn: Document Filed Under Seal
This objection form must be submitted to the Court by April 1, 2016
Esta forma (o la información contenida en esta forma) debe ser enviada por correo regular a:
United States District Judge Kimberly J. Mueller
c/o Clerk of the Court
Robert T. Matsui United States Courthouse
501 I Street, Room 4-200
Sacramento, CA 95814
Attention: Document Filed Under Seal
Esta objeción/forma debe ser enviada a la corte antes de abril 1, 2016
