Tag Archives: government

Southern Education Foundation report: Juvenile justice education programs do more harm than good

17 Apr

Plessy v. Ferguson established the principle of “separate but equal” in race issues. Brown v. Board of Education which overturned the principle of “separate but equal.” would not have been necessary, but for Plessy. See also, the history of Brown v. Board of Education

If one believes that all children, regardless of that child’s status have a right to a good basic education and that society must fund and implement policies, which support this principle. Then, one must discuss the issue of equity in education. Because of the segregation, which resulted after Plessy, most folks focus their analysis of Brown almost solely on race. The issue of equity was just as important. The equity issue was explained in terms of unequal resources and unequal access to education.

Alyssa Morones reported in the Education Week article, Juvenile-Justice System Not Meeting Educational Needs, Report Says:

Many of the teenagers who enter the juvenile-justice system with anger problems, learning disabilities, and academic challenges receive little or no special help for those issues, and consequently fall further behind in school, a report released Thursday concludes.
“Way too many kids enter the juvenile-justice system, they don’t do particularly well from an education standpoint while they’re there, and way too few kids make successful transitions out,” said Kent McGuire, the president and CEO of the Atlanta-based Southern Education Foundation, which produced the report, “Just Learning: The Imperative to Transform Juvenile Justice Systems Into Effective Educational Systems.”
The report characterizes the problems plaguing the juvenile-justice system as “systemic.” It found a lack of timely, accurate assessments of the needs of students entering the system, little coordination between learning and teaching during a student’s stay, and inconsistency in curricula. Many of the teaching methods were also inappropriate, outdated, or inadequate, and little or no educational technology was used.
“We need to help find ways to create structures and dramatically change how schools and principals and teachers [in the juvenile-justice system] are held accountable,” said David Domenici, the executive director of the Center for Educational Excellence in Alternative Settings, in Washington.
“We have kids who have not done well in school, but, more or less, they have to come every day. They’re a captive audience,” he said. “We can transform their perspective on school. But the reality is, education has been forgotten [in juvenile-justice systems].”
On any given day, 70,000 students are in custody in juvenile-justice systems across the country. Nearly two-thirds of those young people are either African-American or Hispanic, and an even higher percentage are male. Those systems, though, may be doing more educational harm than good, according to the report. http://www.edweek.org/ew/articles/2014/04/17/29justice.h33.html

Here is the press release from the Southern Education Foundation:

Juvenile Justice Education Programs in the United States and Across the South Do More Harm Than Good
ATLANTA-April 17, 2014-With awareness growing that schools are disciplining and suspending minority students at alarming rates, a report released today by the Southern Education Foundation (SEF) provides powerful evidence that young people placed in the juvenile justice system-predominately minority males incarcerated for minor offenses-are receiving a substandard education.

The report-Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems-argues that education for the 70,000 students in custody on any given day is setting them even further back in their ability to turn their lives around.

Drawing upon the most recently available data from the nation’s largest database on teaching and learning in juvenile justice systems, the report finds that the quality of the learning programs for incarcerated youth have had “little positive, enduring impact on the educational achievement of most children and youth in state custody.”

In 2009, for example, most “longer-term” students (those enrolled for 90 days or more) whose progress was documented failed to make any significant improvement in learning and academic achievement. Incarcerated youth in smaller facilities closer to their local communities actually made less progress than students enrolled in state systems. That was particularly true in the 15 Southern states, where the proportion of students enrolled in local facilities increased from 21 percent of all incarcerated students in 2007 to almost 60 percent in 2011. Part of the problem, the report says, is that the programs, which serve youth with serious learning and emotional problems, provide young people with limited supports.

Taken as a whole, the report found that effects of juvenile justice programs are “profound and crippling,” and set young people back when they should be turning lives around, according to the report.

An ‘Invisible Population’
“We conducted this study to get a clear look at what happens to a truly invisible population,” says Steve Suitts, vice president of the Southern Education Foundation and author of the study. “The juvenile justice education programs that serve hundreds of thousands of students are characterized by low expectations, inadequate supports to address student needs, and ineffective instruction and technology. Students come out of the juvenile justice system in worse shape than when they entered, struggling to return to school or get their lives back on track.”

While some studies show that as many as 70 to 80 percent of young people released from residential correctional facilities will return to jail after two or three years, Just Learning notes that this is not inevitable. “Because effective education in the juvenile justice system helps to reduce recidivism and the number of youth who are in need of custody in the future, it can reduce the need and cost of future placement in juvenile justice facilities,” the report says.

Savings from Reducing Recidivism
According to the report, juvenile justice programs that help prevent young people from becoming re-offenders could save society about $3.9 million per youth.

“The institutionalization of hundreds of thousands of young people is a detriment to their future and to society’s interests,” says Kent McGuire, president of the Southern Education Foundation. “It is up to states to ensure that students in custody leave with the skills that can help them be independent and self-sustaining.”

Emulating Effective Models
The report says that education in juvenile justice programs can be successful. It cites programs-such as the Maya Angelou Academy in Washington, D.C.-that use teaching and learning approaches that have proven to be effective for many high-risk students and in the general population. The report also highlights research on an innovative educational program in Chicago demonstrating that cognitive behavior therapy resulted in a 44 percent reduction in violent crime arrests among participants during the program, as well as gains in schooling, measured by days in attendance, GPA, and school persistence.

Recommendations
To ensure that youth leaving the juvenile justice system have the skills and education they need to reenter school, find jobs, and become productive members of society, the report urges that states:
* Re-organize programs so that they are designed and operated to advance the teaching and learning of students.
* Set and apply the same educational standards that exist for all students in a state to the schools and educational programs in the juvenile justice system.
* Establish effective and timely methods of testing and reporting on the educational status and progress of every child and youth in the juvenile justice system.
* Develop and implement an individual educational plan and learning strategy-including special education, developmental services, academic motivation and persistence, and meta-cognition-to guide the instruction and services of every student in the juvenile justice system.
* Establish systems of coordination and cooperation to provide a seamless transition of students from and back into public schools.
* Create and maintain data systems to measure institutional and system-wide educational progress and identify areas in need of improvement.

Read the summary and the full report.
Just Learning: Executive Summary http://www.southerneducation.org/cmspages/getfile.aspx?guid=7c8e630f-aa97-4e9c-846e-a3b564b8a655

Just Learning:The Imperative to Transform Juvenile Justice System Into Effective Educational Systems http://www.southerneducation.org/cmspages/getfile.aspx?guid=b80f7aad-405d-4eed-a966-8d7a4a12f5be

Kids Count Data Center has statistics about the number of children in detention centers.

According to the report, Youth residing in juvenile detention and correctional facilities:
Location Data Type 2001 2003 2006 2007 2010
United States Number 104,219 96,531 92,721 86,814 70,792

Rate 335 306 295 278 225
INDICATOR CONTEXT
COLLAPSE
A change is underway in out nation’s approach to dealing with young people who get in trouble with the law. Although the United States still leads the industrialized world in the rate at which it locks up young people, the youth confinement rate in the US is rapidly declining.
Read Reducing Youth Incarceration in the United States to learn more.
http://datacenter.kidscount.org/data/tables/42-youth-residing-in-juvenile-detention-and-correctional-

facilities#detailed/1/any/false/133,18,17,14,12/any/319,320

Although, the number of children in detention was declining as of the date of this report, these children must have their needs addressed and the Southern Education Foundation report indicates that that is not happening.

Related:
3rd world America: Many young people headed for life on the dole https://drwilda.com/2012/09/21/3rd-world-america-many-young-people-headed-for-life-on-the-dole/

The Civil Rights Project report: Segregation in education https://drwilda.com/2012/09/19/the-civil-rights-project-report-segregation-in-education/

Study: Poverty affects education attainment https://drwilda.com/2012/08/29/study-poverty-affects-education-attainment/

Center for American Progress report: Disparity in education spending for education of children of color https://drwilda.com/2012/08/22/center-for-american-progress-report-disparity-in-education-spending-for-education-of-children-of-color/

Education funding lawsuits against states on the rise https://drwilda.com/2012/01/25/education-funding-lawsuits-against-states-on-the-rise/

3rd world America: The link between poverty and education https://drwilda.wordpress.com/2011/11/20/3rd-world-america-the-link-between-poverty-and-education/

Race, class, and education in America https://drwilda.wordpress.com/2011/11/07/race-class-and-education-in-america/
Where information leads to Hope. © Dr. Wilda.com

Dr. Wilda says this about that ©

Blogs by Dr. Wilda:

COMMENTS FROM AN OLD FART© http://drwildaoldfart.wordpress.com/

Dr. Wilda Reviews © http://drwildareviews.wordpress.com/

Dr. Wilda © https://drwilda.com/

U.S. Department of Education report: Still unequal after Brown

3 Apr

Plessy v. Ferguson established the principle of “separate but equal” in race issues. Brown v. Board of Education which overturned the principle of “separate but equal.” would not have been necessary, but for Plessy. See also, the history of Brown v. Board of Education

If one believes that all children, regardless of that child’s status have a right to a good basic education and that society must fund and implement policies, which support this principle. Then, one must discuss the issue of equity in education. Because of the segregation, which resulted after Plessy, most folks focus their analysis of Brown almost solely on race. The issue of equity was just as important. The equity issue was explained in terms of unequal resources and unequal access to education.

People tend to cluster in neighborhoods based upon class as much as race. Good teachers tend to gravitate toward neighborhoods where they are paid well and students come from families who mirror their personal backgrounds and values. Good teachers make a difference in a child’s life. One of the difficulties in busing to achieve equity in education is that neighborhoods tend to be segregated by class as well as race. People often make sacrifices to move into neighborhoods they perceive mirror their values. That is why there must be good schools in all segments of the city and there must be good schools in all parts of this state. A good education should not depend upon one’s class or status.
Moi knows that the lawyers in Brown were told that lawsuits were futile and that the legislatures would address the issue of segregation eventually when the public was ready. Meanwhile, several generations of African Americans waited for people to come around and say the Constitution applied to us as well. Generations of African Americans suffered in inferior schools. This state cannot sacrifice the lives of children by not addressing the issue of equity in school funding in a timely manner.

The next huge case, like Brown, will be about equity in education funding. It may not come this year or the next year. It, like Brown, may come several years after a Plessy. It will come. Equity in education funding is the civil rights issue of this century.

Kimberly Hefling of AP reported in the article, Five things to know about today’s report on unequal education:
Here are five things to know about the department’s findings:

ACCESS TO ADVANCED CLASSES:
STEM is the buzzword in education these days. Education in the fields of science, technology and engineering and math is considered critical for students to succeed in the global marketplace. Yet the department found that there was a “significant lack of access” to core classes like algebra, geometry, biology, and chemistry for many students. That lack of access was particularly striking when it came to minorities….
EXPERIENCED TEACHERS:
Quality teachers can play a key role in student performance.
Minority students are more likely to attend schools with a higher concentration of first-year teachers than white students. And while most teachers are certified, nearly half a million students nationally attend schools where nearly two-thirds or fewer of teachers meet all state certification and licensing requirements. Black and Latino students are more likely than white students to attend these schools.
There’s also a teacher salary gap of more than $5,000 between high schools with the highest and lowest black and Latino students enrollments, according to the data….
DISCIPLINE:
The Obama administration issued guidance earlier this year encouraging schools to abandon what it described as overly zealous discipline policies that send students to court instead of the principal’s office, the so-called “schools-to-prisons pipeline.” But even before the announcement, school districts had been adjusting policies that disproportionately affected minority students. The civil rights data released Friday from the 2011-2012 school year show the disparities begin among even the youngest of school kids. Black children represent about 18 percent of children in preschool programs in schools, but they make up almost half of the preschoolers who are suspended more than once. Six percent of the nation’s districts with preschools reported suspending at least one preschool child.
Overall, the data show that black students of all ages are suspended and expelled at a rate that’s three times higher than that of white children. Even as boys receive more than two-thirds of suspensions, black girls are suspended at higher rates than girls of any other race or most boys. More than half of students involved in school-related arrests or referred to law enforcement were Hispanic or black.
SECLUSION AND RESTRAINT:
“Seclusion and restraint” is a term used to describe when students are strapped down or physically restrained in schools. The data show students with disabilities represent about 12 percent of the student population, but about 60 percent of students placed in seclusion or involuntary confinement and three quarters of students restrained at school. While black students make up about one in five of students with disabilities, more than one-third of the students who are restrained at school are black. Overall, the data show that more than 37,000 students were placed in seclusion, and 4,000 students with disabilities were held in place by a mechanical restraint….
PRESCHOOL:
The Obama administration views access to preschool as a civil rights issue. It says 40 percent of school districts do not offer preschool programs. Their numbers don’t include private programs or some other types of publicly funded early childhood programs outside of school systems. Obama has sought a “preschool for all” program with the goal of providing universal preschool to America’s 4-year-old that would use funding from a hike in tobacco taxes. http://www.pbs.org/newshour/rundown/five-things-know-todays-report-unequal-education/

See, School Data Finds Pattern of Inequality Along Racial Lines http://www.nytimes.com/2014/03/21/us/school-data-finds-pattern-of-inequality-along-racial-lines.html?_r=0

Here is the press release from the Education Department:

Expansive Survey of America’s Public Schools Reveals Troubling Racial Disparities
Lack of Access to Pre-School, Greater Suspensions Cited
MARCH 21, 2014
Contact:
Press Office, (202) 401-1576, press@ed.gov
The U.S. Department of Education’s Office for Civil Rights (OCR) released today the first comprehensive look at civil rights data from every public school in the country in nearly 15 years.
The Civil Rights Data Collection (CRDC) from the 2011-12 school year was announced by U.S. Department of Education Secretary Arne Duncan and U.S. Attorney General Eric Holder at J.O. Wilson Elementary School in Washington, D.C.
This is the first time since 2000 that the Department has compiled data from all 97,000 of the nation’s public schools and its 16,500 school districts—representing 49 million students. And for the first time ever, state-, district- and school-level information is accessible to the public in a searchable online database at crdc.ed.gov.
“This data collection shines a clear, unbiased light on places that are delivering on the promise of an equal education for every child and places where the largest gaps remain. In all, it is clear that the United States has a great distance to go to meet our goal of providing opportunities for every student to succeed,” U.S. Secretary of Education Arne Duncan said. “As the President’s education budget reflects in every element—from preschool funds to Pell Grants to Title I to special education funds—this administration is committed to ensuring equity of opportunity for all.”
“This critical report shows that racial disparities in school discipline policies are not only well-documented among older students, but actually begin during preschool,” said Attorney General Eric Holder. “Every data point represents a life impacted and a future potentially diverted or derailed. This Administration is moving aggressively to disrupt the school-to-prison pipeline in order to ensure that all of our young people have equal educational opportunities.”
The federal government has collected civil rights data about schools since 1968, but the Obama Administration revamped the CRDC to include key information on preschool student and school discipline tactics. The data measures whether all students have equal educational opportunity and provides critical information to the Department on enforcing federal civil rights laws.
CRDC data helps inform policy and regulatory work by the federal government. For example, the Departments of Education and Justice recently released guidelines to school districts on zero-tolerance policies and discipline tactics, a powerful example of the federal government using data to take action to bolster outcomes and reduce disparities for minority students.
The data released today reveals particular concern around discipline for our nation’s young men and boys of color, who are disproportionately affected by suspensions and zero-tolerance policies in schools. Suspended students are less likely to graduate on time and more likely to be suspended again. They are also more likely to repeat a grade, drop out, and become involved in the juvenile justice system.
The 2011-2012 release shows that access to preschool programs is not a reality for much of the country. In addition, students of color are suspended more often than white students, and black and Latino students are significantly more likely to have teachers with less experience who aren’t paid as much as their colleagues in other schools.
The 2011-12 school year was the first time the CRDC collected data on preschool discipline and the first year that all public schools reported data separately for Native-Hawaiian/Pacific Islanders. As a result, the CRDC shows that racial disparities in discipline begin in the early years of schooling: Native-Hawaiian/Pacific Islander kindergarten students are held back a year at nearly twice the rate of white kindergarten students.
“This rich information allows us to identify gaps and cases of discrimination to partner with states and districts to ensure equal access to educational opportunities,” said Catherine E. Lhamon, assistant secretary for civil rights. “From Native American tribal nations to inner city barrios, all of our children deserve a high quality education.”
Among the key findings:
• Access to preschool. About 40% of public school districts do not offer preschool, and where it is available, it is mostly part-day only. Of the school districts that operate public preschool programs, barely half are available to all students within the district.
• Suspension of preschool children. Black students represent 18% of preschool enrollment but 42% of students suspended once, and 48% of the students suspended more than once.
• Access to advanced courses. Eighty-one percent (81%) of Asian-American high school students and 71% of white high school students attend high schools where the full range of math and science courses are offered (Algebra I, geometry, Algebra II, calculus, biology, chemistry, physics). However, less than half of American Indian and Native-Alaskan high school students have access to the full range of math and science courses in their high school. Black students (57%), Latino students (67%), students with disabilities (63%), and English language learner students (65%) also have less access to the full range of courses.
• Access to college counselors. Nationwide, one in five high schools lacks a school counselor; in Florida and Minnesota, more than two in five students lack access to a school counselor.
• Retention of English learners in high school. English learners make up 5% of high school enrollment but 11% of high school students held back each year.
As CRDC data indicates the opportunity gap among Americans hurts life-transforming opportunities for children that strengthen and build a thriving middle class. To address these issues, as part of his budget request, President Obama proposed a new initiative called Race to the Top-Equity and Opportunity (RTT-Opportunity), which would create incentives for states and school districts to drive comprehensive change in how states and districts identify and close opportunity and achievement gaps. Grantees would enhance data systems to sharpen the focus on the greatest disparities and invest in strong teachers and leaders in high-need schools.
State-, district- and school-level data may be viewed at the CRDC website at crdc.ed.gov. For more information on the work of the Office for Civil Rights, click here.
The question which this society has to answer is how to provide a good education for ALL despite their race or social class.

Related:

3rd world America: Many young people headed for life on the dole
https://drwilda.com/2012/09/21/3rd-world-america-many-young-people-headed-for-life-on-the-dole/

The Civil Rights Project report: Segregation in education
https://drwilda.com/2012/09/19/the-civil-rights-project-report-segregation-in-education/

Study: Poverty affects education attainment
https://drwilda.com/2012/08/29/study-poverty-affects-education-attainment/

Center for American Progress report: Disparity in education spending for education of children of color
https://drwilda.com/2012/08/22/center-for-american-progress-report-disparity-in-education-spending-for-education-of-children-of-color/

Education funding lawsuits against states on the rise
https://drwilda.com/2012/01/25/education-funding-lawsuits-against-states-on-the-rise/

3rd world America: The link between poverty and education
https://drwilda.wordpress.com/2011/11/20/3rd-world-america-the-link-between-poverty-and-education/

Race, class, and education in America
https://drwilda.wordpress.com/2011/11/07/race-class-and-education-in-america/

Where information leads to Hope. © Dr. Wilda.com

Dr. Wilda says this about that ©

Blogs by Dr. Wilda:

COMMENTS FROM AN OLD FART©
http://drwildaoldfart.wordpress.com/

Dr. Wilda Reviews © http://drwildareviews.wordpress.com/

Dr. Wilda © https://drwilda.com/

U.S. Department of Education guidelines on student privacy

26 Feb

Many schools and districts are using cloud computing. Judith Hurwitz, Robin Bloor, Marcia Kaufman, and Fern Halper from Cloud Computing For Dummies wrote about cloud computing in What Is Cloud Computing?

Cloud computing is the next stage in the Internet’s evolution, providing the means through which everything — from computing power to computing infrastructure, applications, business processes to personal collaboration — can be delivered to you as a service wherever and whenever you need.
The “cloud” in cloud computing can be defined as the set of hardware, networks, storage, services, and interfaces that combine to deliver aspects of computing as a service. Cloud services include the delivery of software, infrastructure, and storage over the Internet (either as separate components or a complete platform) based on user demand. (See Cloud Computing Models for the lowdown on the way clouds are used.)
Cloud computing has four essential characteristics: elasticity and the ability to scale up and down, self-service provisioning and automatic deprovisioning, application programming interfaces (APIs), billing and metering of service usage in a pay-as-you-go model. (Cloud Computing Characteristics discusses these elements in detail.) This flexibility is what is attracting individuals and businesses to move to the cloud.
The world of the cloud has lots of participants:
•The end user who doesn’t have to know anything about the underlying technology.
•Business management who needs to take responsibility for the governance of data or services living in a cloud. Cloud service providers must provide a predictable and guaranteed service level and security to all their constituents. (Find out what providers have to consider in Cloud Computing Issues.)
•The cloud service provider who is responsible for IT assets and maintenance.
Cloud computing is offered in different forms: public clouds, private clouds, and hybrid clouds, which combine both public and private. (You can get a sense of the differences among these kinds of clouds in Deploying Public, Private, or Hybrids Clouds.)
Cloud computing can completely change the way companies use technology to service customers, partners, and suppliers…. http://www.dummies.com/how-to/content/what-is-cloud-computing.html

Moi wrote about cloud privacy concerns in Does ‘cloud storage’ affect student privacy rights? https://drwilda.com/2013/02/19/does-cloud-storage-affect-student-privacy-rights/

Benjamin Herold reported in the Education Week article, U.S. Education Department Issues Guidance on Student Data Privacy:

The new federal guidelines are non-binding and contain no new regulations, reflecting a desire to encourage “self-policing” by industry and better policies and practices by school systems as first steps towards shoring up students’ privacy protections.
Dozens of privacy-related bills are making their way through statehouses this spring, however, and U.S. Senator Edward Markey, a Democrat from Massachusetts who has been critical of the education department’s stance on privacy, said Monday he would soon introduce new federal legislation on the matter.
Reaction to the document from key stakeholder groups was swift, reflecting the growing urgency around data-security issues. A trade association for the software and digital content industries commended the department for an approach it said “affirms and reinforces the strong safeguards in current law,” while a leading parent advocate said the guidance “completely misses the point when it comes to addressing parental concerns about their children’s privacy and security.”
FERPA Questions
Much of the 14-page department document, titled “Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices,” focuses on the Family Educational Rights and Privacy Act, or FERPA….
The departmental guidance issued Tuesday, however, makes clear that FERPA and another relevant federal statute, the Protection of Pupil Rights Amendment, are somewhat limited in their power to prevent such outcomes in the new age of “big data” and ubiqitous digital learning tools.
Take, for example, the “metadata” collected on students via digital devices and online learning programs, which can include keystroke information, the time and place at which a device or program is being used, the type of device on which the service is being accessed, and more.
Under some circumstances, such metadata are not protected under FERPA and may thus eligible to be used for data-mining and other non-educational purposes.
According to the federal guidelines, vendors that have not collected any personally identifiable information on individual students may be permitted to use metadata for data-mining and other purposes.
And even when vendors have collected personally identifiable information on students, they may still be permitted to use metadata for their own purposes, provided those data are stripped of any identifying elements, and so long as the vendor received students’ information under an exception to FERPA that allows vendors to more easily be designated as “school officials…”
Privacy advocates, however, have criticized—and even sued—the department over its recent decisions to expand the definitions of who may be authorized to gain access to student data under FERPA.
“The guidance really underscores the fact that student privacy rights are under attack, and it was the [department’s] regulations that opened the door,” said Khaliah Barnes, an attorney with the nonprofit Electronic Privacy Information Center.
Best Practices
The uses of students’ personally identifiable information by third-party vendors can also be murky, according to the guidelines.
Under FERPA, parental consent is usually required for the disclosure of such information, although there are exceptions. Schools and districts are also supposed to maintain “direct control” over their data, even after it is passed to third parties—a requirement that is hugely complex given the massive amounts of data now being collected, the rise of cloud-based service providers, and the rapid-fire cycle of business start-ups, mergers, and acquisitions that mark today’s ed-tech landscape.
The new guidelines suggest that better contracting practices and school- and district-level policies are key to protecting student privacy amid all the confusion.
Among the best practices recommended by the department:
Maintain awareness of relevant federal, state, tribal, or local laws, particularly the Children’s Online Privacy Protection Act, which includes requirements for providing online educational services to children under 13.
Be aware of which online educational services are currently being used in your district. Conducting an inventory of all such services is one specific step districts can take.
Have policies and procedures to evaluate and approve proposed online educational services, including both formal contracts and no-cost software and that requires only click-through consent.
When possible, use a written contract or legal agreement. Provisions should be included for security and data stewardship; the collection of data; the use, retention, disclosure, and destruction of data; the right of parents and students to access and modify their data; and more.
Such reliance on district contracting processes and policy development could pose a problem, given the current state of such efforts. In December, Fordham University professor Joel Reidenberg published a scathing study of the shortcoming and vulnerabilities of most districts’ contracts with cloud-service providers. http://blogs.edweek.org/edweek/DigitalEducation/2014/02/us_ed_dept_issues_guidance_on_.html

See, http://law.fordham.edu/32158.htm

Here is the citation from the U.S. Department of Education:

Protecting Student Privacy While Using Online Educational Services
PTAC is pleased to announce the release of new guidance, “Protecting Student Privacy While Using Online Educational Services.” http://ptac.ed.gov/sites/default/files/Student%20Privacy%20and%20Online%20Educational%20Services%20%28February%202014%29.pdf This guidance should clarify questions related to student privacy and the use of educational technology in the classroom.
The Department of Education and PTAC will be holding a joint webinar on March 13 to review this guidance and solicit your input on it. To register for the webinar, please click here.
If you require a reasonable accommodation to participate in the webinar, please notify Ross Lemke at ross.lemke@ed.gov by March 6th. For those who are unable to join the webinar on March 13, a recording and transcript will be posted to the PTAC website.
http://ptac.ed.gov/

See, Testing the Waters of Cloud Computing http://www.scholastic.com/browse/article.jsp?id=3753288

Sean Cavanaugh reported in the Education Week article, Districts’ Use of Cloud Computing Brings Privacy Risks, Study Says:

School districts have become increasingly reliant on cloud-based technologies despite “substantial deficiencies” in policies governing those Web-based systems and their protection of private student data, a new study finds.
The study, released today by the Fordham Law School’s Center on Law and Information Policy, seeks to provide the first national examination of privacy and cloud computing in public schools. The study authors also put forward a series of recommendations to policymakers for ramping up safeguards on students’ private information.
Fordham researchers based their study on a national sample of public school districts, asking for detailed information from 54 urban, suburban, and rural systems around the country.
Among the information they sought: contracts between districts and technology vendors; policies governing privacy and computer use; and notices sent to parents about student privacy and districts’ use of free or paid, third-party consulting services.
The study concludes that privacy implications for districts’ use of cloud services are “poorly understood, non-transparent, and weakly governed.”
Only 25 percent of the districts examined made parents aware of the use of cloud services, according to the study. Twenty percent do not have policies governing the use of those services, and a large plurality of districts have “rampant gaps” in their documentation of privacy policies in contracts and other forms.
To make matters worse, districts often relinquish control of student information when using cloud services, and do not have contracts or agreements setting clear limits on the disclosure, sale, and marketing of that data, the Fordham researchers say.
The Fordham study concludes that districts, policymakers, and vendors should consider taking a number of steps to increase privacy protections, including:
• Providing parents with sufficient notice of the transfer of student information to cloud-service providers, and assuring that parental consent is sought when required by federal law;
• Improving contracts between private vendors and districts to remove ambiguity and provide much more specific information on the disclosure and marketing of student data;
• Setting clearer policies on data governance within districts, which includes establishing rules barring employees from using cloud services not approved by districts. States and large districts should also hire “chief privacy officers” responsible for maintaining data protections;
• Establishing a national research center and clearinghouse to study privacy issues, and draft and store model contracts on privacy issues. The center should be “independent of commercial interests to assure objectivity,” the study authors said.
“School districts throughout the country are embracing the use of cloud computing services for important educational goals, but have not kept pace with appropriate safeguards for the personal data of school children,” said Joel Reidenberg, a professor at Fordham’s law school who worked on the study, in a statement accompanying its release. “There are critical actions that school districts and vendors must take to address the serious deficiences in privacy protection….” http://blogs.edweek.org/edweek/DigitalEducation/2013/12/fewer.html?intc=es

Citation:

Center on Law and Information Policy
Privacy and Cloud Computing in Public Schools
Joel R. Reidenberg, Fordham University School of Law
N. Cameron Russell, Fordham University School of Law
Jordan Kovnot, Fordham University School of Law
Thomas B. Norton, Fordham University School of Law
Ryan Cloutier, Fordham University School of Law
Daniela Alvarado, Fordham University School of Law
Download Full Text (760 KB)
http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1001&context=clip

There is a complex intertwining of laws which often prevent school officials from disclosing much about students.

Resources:

What cloud computing really means
http://www.infoworld.com/d/cloud-computing/what-cloud-computing-really-means-031

What Is Cloud Computing?
http://www.pcmag.com/article2/0,2817,2372163,00.asp

FERPA General Guidance for Students
http://ed.gov/policy/gen/guid/fpco/ferpa/students.html

No Child Left Behind A Parents Guide
http://ed.gov/parents/academic/involve/nclbguide/parentsguide.pdf

Related:

Data mining in education
https://drwilda.com/2012/07/19/data-mining-in-education/

Who has access to student records?
https://drwilda.com/2012/06/11/who-has-access-to-student-records/

Where information leads to Hope. © Dr. Wilda.com

Dr. Wilda says this about that ©

Blogs by Dr. Wilda:

COMMENTS FROM AN OLD FART©
http://drwildaoldfart.wordpress.com/

Dr. Wilda Reviews ©
http://drwildareviews.wordpress.com/

Dr. Wilda © https://drwilda.com/

Faculty free speech: Demers v. Austin

13 Feb

The U.S. Constitution should be cherished by every American. Here is information about the First Amendment from the Legal Information Institute:

first amendment: an overview
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the “separation of church and state.” Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a person’s practice of their religion.
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.
Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual’s current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.
The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government. http://www.law.cornell.edu/wex/first_amendment

Peter Bonilla explains why free speech rights on college campuses are important in a PolicyMic article. http://www.policymic.com/articles/3454/free-speech-on-college-campuses-a-must-especially-during-election-seasons/
See, Censorship of Free Speech on College Campuses Grows http://www.educationnews.org/higher-education/censorship-of-free-speech-on-college-campuses-grows/ https://drwilda.com/tag/free-speech-on-college-campuses-a-must-especially-during-election-seasons
For a good summary of faculty free speech rights, THE FREE SPEECH AND ACADEMIC FREEDOM OF FACULTY AT PUBLIC UNIVERSITIES http://www.alliancedefendingfreedom.org/content/docs/issues/school/Faculty-Free-Speech-and-Academic-Freedom-3.22.13.pdf

Scott Jaschik reported in the Inside Higher Ed article, Protecting Academic Freedom:

A federal appeals court has given a strong endorsement to the idea that faculty speech rights at public colleges and universities were not constrained by a 2006 Supreme Court ruling that limited the rights of some public employees.
The 2006 ruling, Garcetti v. Ceballos, concerned the Los Angeles district attorney’s office. Despite that, some courts have been applying the ruling to faculty disputes at public universities — while others have not. The new ruling – by the U.S. Court of Appeals for the Ninth Circuit – comes in a three-judge panel’s revised opinion on the case of David Demers, a tenured professor at Washington State University who says he was retaliated against with negative performance reviews for writings that criticized the administration.
The appeals court did not rule on the merits of the case, and as it did in its first look at the Demers suit, it said that his free speech wasn’t limited by the Garcetti ruling. But the language in the new ruling was quite strong – the kind of language many faculty advocates have been looking for.
The appeals court acknowledged that Garcetti set limits for public employees, but said there was no question that those limits should not apply in higher education.
“Garcetti left open the possibility of an exception,” the appeals court said. “In response to a concern expressed by Justice Souter in dissent, the court reserved the question whether its holding applied to ‘speech related to scholarship or teaching.’ Justice Souter had expressed concern about the potential breadth of the court’s rationale, writing, ‘I have to hope that today’s majority does not mean to imperil First Amendment protection of academic freedom in public colleges and universities.’ ”
The appeals court added that “Demers presents the kind of case that worried Justice Souter. Under Garcetti, statements made by public employees ‘pursuant to their official duties’ are not protected by the First Amendment. But teaching and academic writing are at the core of official duties of teachers and professors. Such teaching and writing are a special concern of the First Amendment. We conclude that if applied to teaching and academic writing, Garcetti would directly conflict with the important First Amendment values previously articulated by the Supreme Court.”
Further the court noted that the First Amendment, as interpreted in other Supreme Court decisions, applies to faculty speech that may not be strictly scholarship or teaching, but may relate to discussions of college policy. “[P]rotected academic writing is not confined to scholarship,” the appeals court said. “Much academic writing is, of course, scholarship. But academics, in the course of their academic duties, also write memoranda, reports, and other documents addressed to such things as a budget, curriculum, departmental structure and faculty hiring.”
Robert O’Neil, former president of and professor of law at the University of Virginia, and an expert on faculty free speech issues, said via email that the latest decision from the appeals court added to the view he shares that Garcetti should not be applied to higher education. http://www.insidehighered.com/news/2014/02/13/court-ruling-takes-stand-faculty-free-speech#ixzz2tF8YHMWY

Here is the case summary by Breanna Thompson of Willamette College of law:

Demers v. Austin
Summarized by: Breanna Thompson
Date Filed: 09-04-2013
Case #: 11-35558
Circuit Judge Fletcher for the Court; Circuit Judge Fisher and Senior District Judge Quist
Full Text Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/09/04/11-35558.pdf
Civil Rights § 1983: Garcetti does not apply to teaching and academic writing. Instead, the Pickering test should be applied which requires the employee to show that his or her speech addressed matters of public concern and that interest in voicing those concerns outweigh the State’s interest in promoting efficient public services.
David Demers was a tenured associate professor at Washington State University. He brought suit alleging that after distributing a short pamphlet and drafts of an in-progress book, the university retaliated against him in violation of the First Amendment. The district court granted summary judgment for the defendants by applying Garcetti v. Ceballos, and found that the drafts were distributed pursuant to Demers’s employment duties and therefore not protected under the First Amendment. Demers contended that the retaliation consisted of negative annual performance reviews with false information, conducting two internal affair audits, serving formal notice of discipline, preventing him from serving on committees. Demers argued that writing and distributing of the Plan was not done as an official duty, and even if it was, Garcetti does not extend to activity by a public teacher. The Ninth Circuit disagreed with the first argument, but agreed that Garcetti does not apply to this case. Garcetti held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” If this holding applied to academic writing, then it would directly conflict with First Amendment values which include academic freedom. Instead, teaching and academic writing is governed by Pickering v. Board of Education, requiring the employee to show that his or her speech addressed matters of public concern and that interest in voicing those concerns outweighed the State’s interest in promoting efficient public services. The panel concluded that the pamphlet did address a matter of public concern under Pickering, but that there was insufficient evidence to prove retaliation. Additionally, defendants were entitled to qualified immunity because of the uncertainty of Garcetti. AFFIRMED in part, REVERSED in part, and REMANDED. http://www.willamette.edu/wucl/resources/journals/wlo/9thcir/2013/09/demers-v.-austin.html

Ben Franklin states it best:

AUTHOR:
Benjamin Franklin (1706–90)

QUOTATION:
“Well, Doctor, what have we got—a Republic or a Monarchy?”“A Republic, if you can keep it.”

Resources:

Center for Campus Free Speech
http://www.campusspeech.org/

Free Speech Off Campus Must Be Protected
http://chronicle.com/article/Free-Speech-Off-Campus-Must-Be/130660/

Column: Free speech sacks ban on college-athlete tweets
http://www.usatoday.com/news/opinion/forum/story/2012-04-15/twitter-social-media-college-sports-coaches-ban/54301178/1

Student Press Law Center
http://www.splc.org/wordpress/?cat=26

Free Speech, Social Media and Community Colleges: Let the Clash Begin
http://www.communitycollegereview.com/articles/401

Where information leads to Hope. © Dr. Wilda.com

Dr. Wilda says this about that

Blogs by Dr. Wilda:

COMMENTS FROM AN OLD FART©
http://drwildaoldfart.wordpress.com/

Dr. Wilda Reviews ©
http://drwildareviews.wordpress.com/

Dr. Wilda ©
https://drwilda.com/

Fordham Center on Law and Information Policy study: Cloud computing poses privacy risks for school information

15 Dec

Many schools and districts are using cloud computing. Judith Hurwitz, Robin Bloor, Marcia Kaufman, and Fern Halper from Cloud Computing For Dummies wrote about cloud computing in What Is Cloud Computing?

Cloud computing is the next stage in the Internet’s evolution, providing the means through which everything — from computing power to computing infrastructure, applications, business processes to personal collaboration — can be delivered to you as a service wherever and whenever you need.
The “cloud” in cloud computing can be defined as the set of hardware, networks, storage, services, and interfaces that combine to deliver aspects of computing as a service. Cloud services include the delivery of software, infrastructure, and storage over the Internet (either as separate components or a complete platform) based on user demand. (See Cloud Computing Models for the lowdown on the way clouds are used.)
Cloud computing has four essential characteristics: elasticity and the ability to scale up and down, self-service provisioning and automatic deprovisioning, application programming interfaces (APIs), billing and metering of service usage in a pay-as-you-go model. (Cloud Computing Characteristics discusses these elements in detail.) This flexibility is what is attracting individuals and businesses to move to the cloud.
The world of the cloud has lots of participants:
•The end user who doesn’t have to know anything about the underlying technology.
•Business management who needs to take responsibility for the governance of data or services living in a cloud. Cloud service providers must provide a predictable and guaranteed service level and security to all their constituents. (Find out what providers have to consider in Cloud Computing Issues.)
•The cloud service provider who is responsible for IT assets and maintenance.
Cloud computing is offered in different forms: public clouds, private clouds, and hybrid clouds, which combine both public and private. (You can get a sense of the differences among these kinds of clouds in Deploying Public, Private, or Hybrids Clouds.)
Cloud computing can completely change the way companies use technology to service customers, partners, and suppliers…. http://www.dummies.com/how-to/content/what-is-cloud-computing.html

Moi wrote about cloud privacy concerns in Does ‘cloud storage’ affect student privacy rights?

Mike Bock wrote the intriguing Education Week article, Districts Move to the Cloud to Power Up, Save Money:

There are serious questions and concerns, however, about moving computer operations to the cloud. Chief among those worries is the security of sensitive data, such as student records. That concern alone has led some district information-technology leaders to remain hesitant about moving in that direction….
Bandwidth Needs Grow
But for districts with the bandwidth infrastructure in place, experts say cloud approaches offer lower costs and less time spent on maintenance. Since many cloud-based applications are offered either for free or for a monthly subscription rate, upfront costs for software are typically lower than the standard model of purchasing software and installing it across the district….
Privacy Concerns
But there is a trade-off. If a district puts its student-information system in a cloud environment, the cloud provider has access to information about all students.
Districts need to be protective and aware of that reality and must follow requirements outlined in state and federal policy, including the Children’s Online Privacy Protection Act, a federal law that requires that websites obtain parents’ consent before collecting personal details about users, such as home addresses or email addresses, from children younger than 13…. http://www.edweek.org/dd/articles/2013/02/06/02cloud.h06.html?tkn=PYMF4hhA6EcyMvzcq4T6AaBDFNeT6fynaPVn&cmp=clp-edweek&intc=es
School districts have to balance the rights of students to an education with the need to know of other parties. https://drwilda.com/2013/02/19/does-cloud-storage-affect-student-privacy-rights/

Kalyani M. posted Privacy Issues For Schools Using The Cloud at Spideroak blog:

While use of cloud services help schools to save thousands of dollars, the data security and privacy risks presented by these services cannot be ignored. The survey report by SafeGov.org says “there are a number of areas where advertising-oriented cloud services may jeopardize the privacy of data subjects in schools, even when ad-serving is nominally disabled. Threats to student online privacy occasioned by the use of such services in the school environment include the following:
•Lack of privacy policies suitable for schools: By failing to adopt privacy policies specifically crafted to the needs of schools, cloud providers may deliberately or inadvertently force schools to accept policies or terms of service that authorise user profiling and online behavioural advertising.
•Blurred mechanisms for user consent: Some cloud privacy policies, even though based on contractual relationships between cloud providers and schools, stipulate that individual data subjects (students) are also bound by these policies, even when these subjects have not had the opportunity to grant or withhold their consent.
• Potential for commercial data mining: When school cloud services derive from ad-supported consumer services that rely on powerful user profiling and tracking algorithms, it may be technically difficult for the cloud provider to turn off these functions even when ads are not being served.
•User interfaces that don’t separate ad-free and ad-based services: By failing to create interfaces that distinguish clearly between ad-based and ad-free services, cloud providers may lure school children into moving unwittingly from ad-free services intended for school use (such as email or online collaboration) to consumer ad-driven services that engage in highly intrusive processing of personal information (such as online video, social networking or even basic search).
•Contracts that don’t guarantee ad-free services: By using ambiguously worded contracts and including the option to serve ads in their services, some cloud providers leave the door open to future imposition of online advertising as a condition for allowing schools to continue receiving cloud services for free.”
SafeGov has also sought support from European Data Protection Authorities to implement rules for both cloud service providers and schools. As per these rules or codes of conduct-targeted advertising in schools and processing or secondary use of data for advertising purposes should be banned. In the privacy policy agreement contract between the schools and service providers it should be clearly stated that student data would not be used for data mining and advertisement purposes.
Keeping all these things in mind, the schools should make sure the data would be stored and managed by the service providers before moving to cloud services. They should demand assurance from the service providers that the information collected by them will not be used for data mining, targeted advertising or sold to third parties… https://spideroak.com/privacypost/cloud-security/privacy-issues-when-schools-use-cloud-services/

See, Testing the Waters of Cloud Computing http://www.scholastic.com/browse/article.jsp?id=3753288

Sean Cavanaugh reported in the Education Week article, Districts’ Use of Cloud Computing Brings Privacy Risks, Study Says:

School districts have become increasingly reliant on cloud-based technologies despite “substantial deficiencies” in policies governing those Web-based systems and their protection of private student data, a new study finds.
The study, released today by the Fordham Law School’s Center on Law and Information Policy, seeks to provide the first national examination of privacy and cloud computing in public schools. The study authors also put forward a series of recommendations to policymakers for ramping up safeguards on students’ private information.
Fordham researchers based their study on a national sample of public school districts, asking for detailed information from 54 urban, suburban, and rural systems around the country.
Among the information they sought: contracts between districts and technology vendors; policies governing privacy and computer use; and notices sent to parents about student privacy and districts’ use of free or paid, third-party consulting services.
The study concludes that privacy implications for districts’ use of cloud services are “poorly understood, non-transparent, and weakly governed.”
Only 25 percent of the districts examined made parents aware of the use of cloud services, according to the study. Twenty percent do not have policies governing the use of those services, and a large plurality of districts have “rampant gaps” in their documentation of privacy policies in contracts and other forms.
To make matters worse, districts often relinquish control of student information when using cloud services, and do not have contracts or agreements setting clear limits on the disclosure, sale, and marketing of that data, the Fordham researchers say.
The Fordham study concludes that districts, policymakers, and vendors should consider taking a number of steps to increase privacy protections, including:
• Providing parents with sufficient notice of the transfer of student information to cloud-service providers, and assuring that parental consent is sought when required by federal law;
• Improving contracts between private vendors and districts to remove ambiguity and provide much more specific information on the disclosure and marketing of student data;
• Setting clearer policies on data governance within districts, which includes establishing rules barring employees from using cloud services not approved by districts. States and large districts should also hire “chief privacy officers” responsible for maintaining data protections;
• Establishing a national research center and clearinghouse to study privacy issues, and draft and store model contracts on privacy issues. The center should be “independent of commercial interests to assure objectivity,” the study authors said.
“School districts throughout the country are embracing the use of cloud computing services for important educational goals, but have not kept pace with appropriate safeguards for the personal data of school children,” said Joel Reidenberg, a professor at Fordham’s law school who worked on the study, in a statement accompanying its release. “There are critical actions that school districts and vendors must take to address the serious deficiences in privacy protection….” http://blogs.edweek.org/edweek/DigitalEducation/2013/12/fewer.html?intc=es

Citation:

Center on Law and Information Policy
Privacy and Cloud Computing in Public Schools
Joel R. Reidenberg, Fordham University School of Law
N. Cameron Russell, Fordham University School of Law
Jordan Kovnot, Fordham University School of Law
Thomas B. Norton, Fordham University School of Law
Ryan Cloutier, Fordham University School of Law
Daniela Alvarado, Fordham University School of Law
Download Full Text (760 KB)
http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1001&context=clip
Description
Today, data driven decision-making is at the center of educational policy debates in the United States. School districts are increasingly turning to rapidly evolving technologies and cloud computing to satisfy their educational objectives and take advantage of new opportunities for cost savings, flexibility, and always-available service among others. As public schools in the United States rapidly adopt cloud-computing services, and consequently transfer increasing quantities of student information to third-party providers, privacy issues become more salient and contentious. The protection of student privacy in the context of cloud computing is generally unknown both to the public and to policy-makers. This study thus focuses on K-12 public education and examines how school districts address privacy when they transfer student information to cloud computing service providers. The goals of the study are threefold: first, to provide a national picture of cloud computing in public schools; second, to assess how public schools address their statutory obligations as well as generally accepted privacy principles in their cloud service agreements; and, third, to make recommendations based on the findings to improve the protection of student privacy in the context of cloud computing. Fordham CLIP selected a national sample of school districts including large, medium and small school systems from every geographic region of the country. Using state open public record laws, Fordham CLIP requested from each selected district all of the district’s cloud service agreements, notices to parents, and computer use policies for teachers. All of the materials were then coded against a checklist of legal obligations and privacy norms. The purpose for this coding was to enable a general assessment and was not designed to provide a compliance audit of any school district nor of any particular vendor.
Publication Date
12-13-2013
Rights
© 2013. Fordham Center on Law and Information Policy. This study may be reproduced, in whole or in part, for educational and non-commercial purposes provided that attribution to Fordham CLIP is included.
Publisher
Fordham Center on Law and Information Policy
City
New York
Keywords
children, education, cloud computing, school, FERPA, PPRA, COPPA, privacy, Joel Reidenberg, Cameron Russell, Fordham, CLIP
Privacy and Cloud Computing in Public Schools
Included in Communications Law Commons

There is a complex intertwining of laws which often prevent school officials from disclosing much about students.

According to Fact Sheet 29: Privacy in Education: Guide for Parents and Adult-Age Students,Revised September 2010 the major laws governing disclosure about student records are:

What are the major federal laws that govern the privacy of education records?
◦Family Educational Rights and Privacy Act (FERPA) 20 USC 1232g (1974)
◦Protection of Pupil’s Rights Amendments (PPRA) 20 USC 1232h (1978)
◦No Child Left Behind Act of 2001, Pub. L. 107-110, 115 STAT. 1425 (January 2002)
◦USA Patriot Act, P.L. 107-56 (October 26, 2001)
◦Privacy Act of 1974, 5 USC Part I, Ch. 5, Subch. 11, Sec. 552
◦Campus Sex Crimes Prevention Act (Pub. L. 106-386)
FERPA is the best known and most influential of the laws governing student privacy. Oversight and enforcement of FERPA rests with the U.S. Department of Education. FERPA has recently undergone some changes since the enactment of the No Child Left Behind Act and the USA Patriot Act…. https://www.privacyrights.org/fs/fs29-education.htm

The Fordham study indicates that many schools and districts have not fully analyzed student privacy concerns in their rush to the cloud.

Resources:
What cloud computing really means http://www.infoworld.com/d/cloud-computing/what-cloud-computing-really-means-031

What Is Cloud Computing? http://www.pcmag.com/article2/0,2817,2372163,00.asp

FERPA General Guidance for Students http://ed.gov/policy/gen/guid/fpco/ferpa/students.html

No Child Left Behind A Parents Guide http://ed.gov/parents/academic/involve/nclbguide/parentsguide.pdf

Related:
Data mining in education https://drwilda.com/2012/07/19/data-mining-in-education/

Who has access to student records? https://drwilda.com/2012/06/11/who-has-access-to-student-records/

Where information leads to Hope. © Dr. Wilda.com

Dr. Wilda says this about that ©

Blogs by Dr. Wilda:

COMMENTS FROM AN OLD FART©
http://drwildaoldfart.wordpress.com/

Dr. Wilda Reviews © http://drwildareviews.wordpress.com/

Dr. Wilda © https://drwilda.com/

Harvard study: Cheating students are more likely to want to work for government

25 Nov

Cheating is increasingly a concern in education. Some colleges in an attempt to curb academic dishonesty on campus are beginning to employ methods one has usually associated with Las Vegas casinos. Minnesota State University Mankato has an excellent newsletter article about academic dishonesty. Richard C. Schimming writes in Academic Dishonesty:

A recent survey found that 1/3 of all students admitted to cheating on an examination, 1/2 admitted to cheating on a class assignment, 2/3 admitted to cheating at least once during their college career, and 2/3 have seen classmates cheat on exams or assignments. Paradoxically, 3/4 of those in that survey believe that cheating is not justified under any circumstances. Finally, 1/2 of the students surveyed believe that the faculty of their university do not try to catch cheaters…
http://www.mnsu.edu/cetl/teachingresources/articles/academicdishonesty.html

For some students, cheating starts early. By the time some kids reach college they have already established a pattern of cheating. ABC News has a good report, A Cheating Crisis in America’s Schools http://abcnews.go.com/Primetime/story?id=132376&page=1 https://drwilda.wordpress.com/2011/12/21/cheating-in-schools-goes-high-tech/

Emily Alpert Reyes reported in the L.A. Times article, Cheating students more likely to want government jobs, study finds:

College students who cheated on a simple task were more likely to want government jobs, researchers from Harvard University and the University of Pennsylvania found in a study of hundreds of students in Bangalore, India.
Their results, recently released as a working paper by the National Bureau of Economic Research, suggest that one of the contributing forces behind government corruption could be who gets into government work in the first place.
For instance, “if people have the view that jobs in government are corrupt, people who are honest might not want to get into that system,” said Rema Hanna, an associate professor at the Kennedy School of Government at Harvard. To combat that problem, governments may need to find new ways to screen people seeking jobs, she said.
Researchers ran a series of experiments with more than 600 students finishing up college in India. In one task, students had to privately roll a die and report what number they got. The higher the number, the more they would get paid. Each student rolled the die 42 times.
Although researchers do not know for sure if any one student lied, they could tell whether the numbers each person reported were wildly different than what would turn up randomly — in other words, whether there were a suspiciously high number of 5s and 6s in their results.
Cheating seemed to be rampant: More than a third of students had scores that fell in the top 1% of the predicted distribution, researchers found. Students who apparently cheated were 6.3% more likely to say they wanted to work in government, the researchers found.
“Overall, we find that dishonest individuals — as measured by the dice task — prefer to enter government service,” wrote Hanna and coauthor Shing-yi Wang, an assistant professor at the University of Pennsylvania’s Wharton School.
They added, “Importantly, we show that cheating on this task is also predictive of fraudulent behaviors by real government officials.”
The same test, given to a smaller set of government nurses, showed that those who appear to have cheated with the dice were also more likely to skip work. Previous studies suggest that the bulk of such absenteeism is fraudulent, Hanna said.
Researchers also ran other tests to gauge character: In another experiment, students played a game in which they could send a message anonymously to another player, either telling them honestly what move would earn them more money, or dishonestly nudging them toward a worse choice. Tricking the other student would help them gain more money.
http://www.latimes.com/science/sciencenow/la-sci-sn-cheating-students-government-jobs-corruption-20131118,0,2929974.story#ixzz2ldYrFkMY

Citation:

Dishonesty and Selection into Public Service
Rema Hanna, Shing-Yi Wang
NBER Working Paper No. 19649
Issued in November 2013
NBER Program(s): DEV
In this paper, we demonstrate that university students who cheat on a simple task in a laboratory setting are more likely to state a preference for entering public service. Importantly, we also show that cheating on this task is predictive of corrupt behavior by real government workers, implying that this measure captures a meaningful propensity towards corruption. Students who demonstrate lower levels of prosocial preferences in the laboratory games are also more likely to prefer to enter the government, while outcomes on explicit, two-player games to measure cheating and attitudinal measures of corruption do not systematically predict job preferences. We find that a screening process that chooses the highest ability applicants would not alter the average propensity for corruption among the applicant pool. Our findings imply that differential selection into government may contribute, in part, to corruption. They also emphasize that screening characteristics other than ability may be useful in reducing corruption, but caution that more explicit measures may offer little predictive power.
You may purchase this paper on-line in .pdf format from SSRN.com ($5) for electronic delivery.

Theories about why students cheat range from character issues to mental issues.

Sora Song of Time.Com discusses the inevitable study in the article, Profiling Student Cheaters: Are the Psychopaths?

Psychologists at the University of British Columbia found that students who cheated in high school and college were likely to meet the criteria for psychopathic personality – the type that tends toward a range of bad behaviors, like alcohol and drug abuse, bullying and reckless driving. It’s the same impulsive, callous and antisocial personality that characterizes criminal psychopaths, though, to be fair, student cheaters scored a lot lower on psychopathy questionnaires than actual criminal offenders. (More on Time.com: Video: Giving Dropouts a Second Chance)
The researchers found that academic cheaters also scored high in two other personality traits: narcissism (people who suffer from grandiosity, self-centeredness and an outsized sense of entitlement) and Machiavellianism (cynical, amoral types who make it a habit to manipulate others). But of the three disordered personalities – together known colorfully as the Dark Triad – psychopathy was the only trait significantly associated with student cheating.
The new paper, published in the Journal of Experimental Psychology: Applied, describes the results of a series of three studies involving nearly 600 college students. (Read a PDF of the paper here.) In each, the volunteers were asked to fill out anonymous personality questionnaires; some participants also took tests of intelligence. Personality questions included: “I like to be the center of attention” (i.e., I may be a narcissist), “It’s hard to get ahead without cutting corners here and there” (Machiavellianism), and “I have attacked someone with the goal of hurting them” (psychopathy). http://healthland.time.com/2010/09/20/profiling-student-cheaters-are-they-psychopaths/

The conclusion of the study is that the only thing which can be done is to make it impossible for the psychopath to cheat since they obviously have no impulse control and an appeal to values doesn’t work. One of the frightening prospects highlighted by the article is that it is possible to screen for psychopathic traits in people, but it probably wouldn’t be ethical for schools to do so. So, like the chicken and the egg riddle, society is back at placing the emphasis on strong families, values, and a K-12 education which sets some perimeters. Certainly something to think about.

Shouldn’t those who work for the government be interested in public service instead of than self-service? Something else to think about.

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The 11/21/13 Joy Jar

22 Nov

We live in a very fractured world where politics just seems to be failing. It is helpful to step back and read the words of Thomas Paine. American History Central provides some facts:

Quick Facts About Thomas Paine
Born January 29, 1737, Thetford, Norfolk, England
Wrote, Case of the Officers of Excise, his earliest known prose composition and first important pamphlet, in 1772
Moved to Philadelphia in 1774
Became editor Pennsylvania Magazine in 1775
Wrote anti-slavery essay African Slavery in America in 1775
Published the pamphlet Common Sense in 1776
Enlisted in Continental Army in 1776
Published American Crisis I, the first of 16 American Crisis papers, in 1776. This work contains the famous line, “These are the times that try men’s souls.”
Congress appointed Paine its Secretary to Committee on Foreign Affairs in 1777
Resigned as Foreign Affairs Secretary in 1779, as result of Silas Deane affair
Returned to Europe in 1787, dividing his time between England and France
Published part one of the Rights of Man, his reply to Edmund Burke’s denunciation of the French Revolution, in 1791
Published part two of the Rights of Man in 1792
Condemned for his radical views, Paine was declared an outlaw and forced to leave England in 1792
Became a French citizen and was elected as a member of the National Assembly in France, in 1792
Helped write the Constitution of the Republic of France in 1792
Published part one of The Age of Reason in 1793
Imprisoned by Jacobins in 1793, during the Reign of Terror, for his moderate views regarding the treatment of Louis XVI
Released from eleven-month imprisonment in 1793, with the help of James Monroe, the U.S. Ambassador to France
Published part two of The Age of Reason in 1795…
http://www.americanhistorycentral.com/entry.php?rec=472&view=quick-facts

If there must be trouble, let it be in my day, that my child may have peace.
Thomas Paine

Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
Thomas Paine

Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property… Horrid mischief would ensue were the law-abiding deprived of the use of them.
Thomas Paine

I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink, but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.
Thomas Paine

The harder the conflict, the more glorious the triumph.
Thomas Paine

The World is my country, all mankind are my brethren, and to do good is my religion.
Thomas Paine

The real man smiles in trouble, gathers strength from distress, and grows brave by reflection.
Thomas Paine

All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit.
Thomas Paine

A long habit of not thinking a thing wrong gives it a superficial appearance of being right.
Thomas Paine

Reason obeys itself; and ignorance submits to whatever is dictated to it.
Thomas Paine

I prefer peace. But if trouble must come, let it come in my time, so that my children can live in peace.
Thomas Paine

Character is much easier kept than recovered.
Thomas Paine

He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.
Thomas Paine

What we obtain too cheap, we esteem too lightly; it is dearness only that gives everything its value.
Thomas Paine

Belief in a cruel God makes a cruel man.
Thomas Paine

We have it in our power to begin the world over again.
Thomas Paine

Reputation is what men and women think of us; character is what God and angels know of us.
Thomas Paine

Those who want to reap the benefits of this great nation must bear the fatigue of supporting it.
Thomas Paine

Society in every state is a blessing, but government, even in its best stage, is but a necessary evil; in its worst state an intolerable one.
Thomas Paine

A thing moderately good is not so good as it ought to be. Moderation in temper is always a virtue; but moderation in principle is always a vice.
Thomas Paine

Lead, follow, or get out of the way.
Thomas Paine

An army of principles can penetrate where an army of soldiers cannot.
Thomas Paine

When men yield up the privilege of thinking, the last shadow of liberty quits the horizon.
Thomas Paine

These are the times that try men’s souls.
Thomas Paine
http://www.brainyquote.com/quotes/authors/t/thomas_paine.html#LHxm5jWjqFFousJd.99