Showing posts with label FERPA. Show all posts
Showing posts with label FERPA. Show all posts

Tuesday, June 17, 2025

Blair High School: Hundreds of documents related to disability accommodations were available to all pupils, staff


MCPS investigating possible federal student privacy violations at Montgomery Blair High 

Documents detailing accommodations for hundreds of students with disabilities at Montgomery Blair High School were recently released on the Silver Spring school’s counseling web page, potentially giving all students and staff members access to the documents, according to screenshots of the incident provided to Bethesda Today on June 5. 

Montgomery County Public Schools (MCPS) spokesperson Liliana López said in a Monday emailed statement to Bethesda Today that the district was aware of “a possible release of data” and was “proceeding in accordance with legal requirements.” 

“This includes conducting a comprehensive investigation, submitting required reports to the state’s Attorney General, and providing notification to those impacted and to the wider community,” López said...

 https://bethesdamagazine.com/2025/06/13/mcps-student-privacy-montgomery-blair/

Tuesday, February 21, 2023

Wheaton HS Wrestling Students Punished for Actions of MCPS Administrators and Coach


MPSSAA Appeals Committee Letter to Wheaton High School Principal:


Dear Mr. Munsey:

On Monday, February 13, 2023, MPSSAA Appeals Committee held a hearing to review your appeal of the penalties imposed upon your school’s wrestling team in the recent case involving the use of an ineligible player.    

Mr. Andy Warner, MPSSAA Executive Director, provided opening comments and documents for the committee.  The committee then heard testimony from Dr. Jeff Sullivan, Director, Systemwide Athletics, Montgomery County Public Schools and from yourself and two parents.    

After careful consideration and discussion of the details of this incident, the committee voted to uphold the COMAR 13A.06.03.05A(1)(a) and (b) penalties of declaring a forfeit of all games in which there was a violation and declaring the team not eligible for championship honors for the current school year, imposed by MCPS.  The committee determined that there was sufficient evidence that not only were your coaches promoting a culture in which sportsmanship and fair play takes a back seat to winning but there was also evidence that the members of the team knew that the athlete was not eligible to be on the team.  There was also evidence that your school failed to notice that a student mentioned in its social media accounts as winning a tournament was not an MCPS student.  The committee determined that the severity of the violation justifies the penalty imposed. While wrestling does pose a unique situation due to it being both a team and individual sport, the whole team shall be held accountable just as with any other sport where team members are not able to play in the post-season due to a violation. 

In accordance with COMAR 13A.06.03.05D(9), a member MPSSAA school, student or coach may appeal the decision of the MPSSAA Appeals committee to the State Superintendent of Schools within 30 days after the receipt of the Appeals Committee decision.  The State Superintendent of Schools, upon examination of the facts, may, in his or her discretion, allow the appeal and appoint a special committee of three local school superintendents of schools to hear the appeal.  The committee of superintendents may deny or uphold the appeal or modify the penalty.     

Sincerely,   

Kevin C. Hook, JD  

MPSSAA Appeals Committee Representative, District IV  

Cc:  Mr. R Andrew Warner, Executive Director of the MPSSAA  

Dr. Jeffrey Sullivan, Director of Systemwide Athletics  

Friday, July 9, 2021

PARENTS NATIONWIDE FILE COMPLAINTS WITH U.S. DEPT. OF EDUCATION; SEEK TO ADDRESS MASSIVE STUDENT DATA PRIVACY PROTECTION FAILURES

 The Student Data Privacy Project

FOR IMMEDIATE RELEASE 12:01AM (EST), JULY 7, 2021
 
PARENTS NATIONWIDE FILE COMPLAINTS WITH U.S. DEPT. OF EDUCATION;
SEEK TO ADDRESS MASSIVE STUDENT DATA PRIVACY PROTECTION FAILURES
 
On July 9, 2021, parents of school-age children from Maryland to Alaska, in collaboration with the Student Data Privacy Project (SDPP), will file over a dozen complaints with the U.S. Department of Education (DoE) demanding accountability for the student data that schools share with Educational Technology (EdTech) vendors.
Formed during the pandemic, SDPP is comprised of parents concerned about how their children’s personally identifiable information (PII) is increasingly being mined by EdTech vendors, with the consent of our schools, and without parental consent or school oversight.
With assistance and support from SDPP, 14 parents from 9 states filed requests with their school districts under the Family Educational Rights and Privacy Act (FERPA) seeking access to the PII collected about their children by EdTech vendors. No SDPP parents were able to obtain all of the requested PII held by EdTech vendors, a clear violation of FERPA.
One parent in Maryland never received a response. A New Jersey parent received a generic reply with no date, school name or district identification. Yet a Minnesota parent received over 2,000 files, none of which contained the metadata requested, but did reveal a disturbing amount of personal information held by an EdTech vendor, including the child’s baby pictures, videos of her in an online yoga class, her artwork and answers to in-class questions.
Lisa Cline, SDPP co-founder and parent in Maryland said, “When I tried to obtain data gathered by one app my child uses in class, the school district said, ‘Talk to the vendor.’ The vendor said, ‘Talk to the school.’ This is classic passing of the buck. And the DoE appears to be looking the other way.”
FERPA, a statute enacted in 1974 — almost two decades before the Internet came into existence, at a time when technology in schools was limited to mimeograph machines and calculators  — affords parents the right to obtain their children’s education records, to seek to have those records amended, and to have control over the disclosure of the PII in those records.
Unfortunately, this law is now outdated. Since the digital revolution, schools are either unaware, unable or unwilling to apply FERPA to EdTech vendors. Before the pandemic, the average school used 400-1,000 online tools, according to the Student Data Privacy Consortium. Remote learning has increased this number exponentially.
SDPP co-founder, privacy consultant, law professor and parent Joel Schwarz, noted that “DOE’s failure to enforce FERPA, means that EdTech providers are putting the privacy of millions of children at risk, leaving these vendors free to collect, use and monetize student PII, and share it with third parties at will.”
A research study released by the Me2B Alliance in May 2021, showed that 60% of school apps send student data to potentially high-risk third parties without knowledge or consent. SDPP reached out to Me2B and requested an audit of the apps used by schools in the districts involved in the Project. Almost 70% of the apps reviewed used Software Development Kits (SDKs) that posed a “High Risk” to student data privacy, and almost 40% of the apps were rated “Very High Risk,” meaning the code used is known to be associated with registered Data Brokers. Even more concerning, Google showed up in approximately 80% of the apps that included an SDK, and Facebook ran a close second, showing up in about 60% of the apps.
Emily Cherkin, an SDPP co-founder who writes and speaks nationally about screen use as The Screentime Consultant, noted, “because these schools failed to provide the data requested, we don’t know what information is being collected about our children, how long these records are maintained, who has access to them, and with whom they’re being shared.”
“FERPA says that parents have a right to know what information is being collected about their children, and how that data is being used,” according to Andy Liddell, a federal court litigator in Austin, TX and another SDPP co-founder. “But those rights are being trampled because neither the schools nor the DoE are focused on this issue.”

The relief sought of the DoE includes requiring schools to:
•  actively oversee their EdTech vendors, including regular audits of vendors’ access, use and disclosure of student PII and publicly posting the results of those audits so that parents can validate that their children’s data is being adequately protected;
•  provide meaningful access to records held by EdTech in response to a FERPA request, clarifying that merely providing a student’s account log-in credentials, or referring the requester to the Vendor, does not satisfy the school’s obligations under FERPA;
•  ensure that when their EdTech vendors share student PII with third parties, the Vendor and the school maintain oversight of third-party access and use of that PII, and apply all FERPA rights and protections to that data, including honoring FERPA access requests;
•  protect all of a students’ digital footprints — including browsing history, searches performed, websites visited, etc. (i.e., metadata) — under FERPA, and that all of this data be provided in response to a FERPA access request.
# # # 
If you would like more information, please contact Joel Schwarz at Joel.Schwarz@cyberprivacyconsultant.com.

Parents are invited to join the Student Data Privacy Project. A template letter to school districts can be downloaded from the SDPP website: www.studentdataprivacyproject.com

SDPP is an independent parent-led organization founded by Joel Schwarz, Andy Liddell, Emily Cherkin and Lisa Cline. Research and filing assistance provided pro bono by recent George Washington University Law School graduate Gina McKlaveen.

Tuesday, March 31, 2020

U.S. Dept. of Ed: FERPA and Virtual Learning Webinar Posted

logo

On Monday, March 30, 2020, the Student Privacy Policy Office (SPPO) presented a webinar on “Student Privacy – FERPA and Virtual Learning During COVID-19.” The webinar was in response to the many questions we have received about FERPA as educators and students shift to learning online during this time of social distancing.
SPPO distilled most of the questions into 10 common scenarios and questions about FERPA. For each scenario, we identify key FERPA requirements and takeaways and other questions to consider for best practices. We also include at the end of presentation a listing of other available resources.
SPPO recorded the webinar given that, due to the overwhelming response, participation was limited to 600 or so participants. We have posted all event materials, including the webinar recording on our website as follows:
  • Webinar Recording:
  • Webinar Slide Deck:
Additional related resources on our website include the following: 


If, after reviewing these materials, you still have questions, please submit them to our student privacy help desk at FERPA@ed.gov.

Be well.

Kala

Kala Shah Surprenant
Acting Director
Student Privacy Policy Office

Monday, December 31, 2018

San Diego School District Hacked, Thousands of Employees and Students Possibly Affected

The personal information of San Diego Unified students, former students, and employees may have been compromised in a data breach that officials believe happened in January, the school district announced Friday.
The breach could affect as many as 500,000 students who attended San Diego Unified schools as far back as the 2008-2009 school year, officials said.
The breach may have affected personally identifiable student and staff information such as addresses and dates of birth, as well as discipline, health, scheduling, and grade information, according to an email sent to school families on Friday. Social Security numbers were also affected.
About 50 staff members’ accounts are known to have been compromised and have been reset, according to the district...
https://www.edweek.org/ew/articles/2018/12/26/san-diego-school-district-hacked-thousands-of.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+EducationWeekWidgetFeed+%28Education+Week%3A+Free+Widget+Feed%29

Thursday, December 31, 2015

Google, a ‘school official?’ This regulatory quirk can leave parents in the dark.

...Google's U.S. educational partnerships are possible thanks in part to school districts' reliance on the government's reinterpretation of an obscure 1970s-era student privacy law.
The law, the Family Educational Rights and Privacy Act or FERPA, requires schools to get written consent from parents before sharing personal information about students in many cases or risk federal education dollars. But it has an exception for sharing data with "school officials" who have a "legitimate educational interest" in the data.

When it was first enacted, that meant someone who was actually employed by the school district, according to Joel Reidenberg, a Fordham University law professor who has researched student data privacy. But changes in how the Department of Education interpreted the law in recent years now allow almost any individual or organization that contracts with a school district for some sort of educational function to be termed a "school official," he said.

In 2008, the "school official" exemption was extended to cover contractors because it was "critical" to establish rules for "non-consensual disclosures" as schools outsource more functions, according to an analysis of the changes from the department. To qualify for the designation, companies are supposed to provide a service the district would otherwise do itself and are held to the same general rules for use and restrictions on disclosing student data that govern traditional school officials....

 https://www.washingtonpost.com/news/the-switch/wp/2015/12/30/google-a-school-official-this-regulatory-quirk-can-leave-parents-in-the-dark/

Monday, January 19, 2015

Students have a Right to See Their Educational Records

The New York Times:  Students Gain Access to Files on Admission to Stanford

...The students who run it soon turned their attention to the Family Educational Rights and Privacy Act, a federal law known by the acronym Ferpa that was passed in 1974 and amended several times since. It stipulates that students have a right to see their educational records.
Not quite knowing what to expect, the Fountain Hopper leaders got several students, including some who are not involved in the newsletter, to request every record the university had on them. At least one student has received the records, and said he was surprised by what he got back: several hundred pages, including a log of every time his electronic identification card had been used to unlock a door, and those admission records.
On Thursday night, the Fountain Hopper sent messages to its subscribers, urging them to request their records and describing the process, with a set of links to click on, showing them where to send the request and how to word it. A Fountain Hopper staff member said that in less than 24 hours, more than 700 people had clicked on all of the links...

Monday, August 25, 2014

FTC To the Rescue

If you think that MCPS and its various computer software and hardware vendors may not value your MoCo student's privacy interest, fear not.

FTC  - the Federal Trade Commission - may provide relief.



http://www.ftc.gov/news-events/press-releases/2014/08/ftc-seeks-public-comment-agecheq-inc-proposal-parental

From the press release:
Under the rule, online sites and services directed at children must obtain permission from a child’s parents before collecting personal information from that child. The rule lays out a number of acceptable methods for gaining parental consent, but also includes a provision allowing interested parties to submit new verifiable parental consent methods to the Commission for approval.
In a Federal Register notice to be published shortly, the FTC is seeking public comment about the proposed AgeCheq verifiable parental consent method; whether the proposed method is already covered by the existing methods included in the rule and whether it meets the rule’s requirement that it be reasonably calculated to ensure that the person providing the consent is actually the child’s parent. The Commission also seeks comment on whether the program poses a risk to consumers’ information and whether that risk is outweighed by the benefits of the program. The comment period will last until Sept. 30, 2014. 

If you  have an opinion, let the FTC know before September 30. Remember, once your child's privacy is compromised, who knows what the consequences will be. 

Tuesday, June 14, 2011

Reteach and Relearn - for HS Administrators - FERPA Primer Refresher

Reteach, relearn, and reinforce is not just for students.  Sometimes principals need to be retaught basic laws that they (should) know from all that administrator training taxpayer sponsor for MCPS staff members.  We all have different learning styles.

Nelson McLeod at Richard Montgomery HS must need a lot of reteaching and reinforcing.  He still insists on breaking federal student privacy laws by posting student's personal identifiable information - in this case who owes money to the school - by ID numbers, so its time for the annual reminder concerning the obligations wall. 

Here are two pictures sent to me this evening:



Redacted list of Student ID numbers as seen on bulletin board at Richard Montgomery High School 6/14/11

Once again, to reinforce the original concept that apparently was not learned, here is my short primer on FERPA and the Obligation Wall.

Given that this is a widespread and recurring problem in MCPS - maybe Dr. McLeod's actions can be considered within the "egregious" category.  We'll ask the federal Department of Education to withhold funding for Richard Montgomery.

I wonder if Dr. Starr noticed the violation when he was at Richard Montgomery tonight.  If we are really lucky, Dr. Starr should be able to address this stiuation immediately - perhaps he can give Dr. McLeod a personal lesson over coffee.

For those of you who would like to know more about educational privacy rights, here is the short version of FERPA.



The Family Educational Rights and Privacy Act (FERPA) is the federal privacy act equivalent for educational records. All schools that receive federal funding are subject to FERPA. FERPA is a personal right - that is, the cause of action may only be brought by the individual whose rights have been violated. For example, only a student or parent of a student named on the "obligations wall" (at Richard Montgomery, Blake, or Whitman) or public HSA remedial list (Blair) is entitled to file a complaint with the US Department of Education. If my child's rights aren't violated, sorry, no right to complain.


Remedies are mostly corrective - the objectives are get the school or school system to fix their policies and procedures. However, the regulations do permit the Department of Education to withhold funding for egregious cases - see 34 CFR 99.61 et seq.

As a lawyer involved in freedom of information and privacy act issues, most people I know outside of MCPS who deal with records subject to the privacy act or educational research and testing work very diligently to comply with the various requirements of the applicable privacy laws and regulations. MCPS is rather cavalier in its interpretations - but then again, that seems consistent with MCPS believing that most laws and policies are meant for others. I know I've spoken with my kids schools about having volunteers helping out with mailing interims, but didn't get very far, since the school claimed the volunteers were working just like school staff. How fascinating. I've only had one instance that I know about where my child's name was on the "obligations wall," and at that point I was more concerned about whether she could purchase a homecoming ticket than I was about filing a FERPA complaint.

So - given that this is a recurring problem in MCPS - maybe this posting has risen to the level of an "egregious" case and ask the federal Department of Education to withhold funding for Richard Montgomery.



More on FERPA is on the Department of Education's website:http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
See the original post at:  Short Primer on FERPA and "Obligations Wall"

Friday, March 26, 2010

Update: Student Debtors Removed from Internet

Yesterday, this blog reported on the listing of the names of students who owed money to MCPS on the Internet.

As of this afternoon that posting has been removed from the Internet.


Now let's see the practice of making MCPS student debtors names public end permanently.

Thursday, March 25, 2010

Student Debtors Posted in Public Place - Again


Once again we see a MCPS school posting the names of students who owe fees in a public place. This time on the Internet.

Articles have been written documenting that names of student debtors are posted and the Whitman High School school news program even did a segment that included video of the lists on the wall at Whitman High School. Walter Johnson High School has posted student identification numbers on their website to identify student debtors.

And then there was this incident reported on by The Examiner.

In December 2008, Delegate Brian Feldman questioned Board of Education member Shirley Brandman about the practice of listing the names or id numbers of student debtors in a public place. Board member Brandman feigned no knowledge of this practice, even though the practice of posting lists of student debtors was occurring at the school her children attended. The video of her response is here at minute 2:12.                                       

And so it continues. Again we see a public listing of students who owe MCPS fees. See screen image at left.

The MCPS Board of Education and MCPS Superintendent have failed to establish a firm policy against the practice of posting student debtor names, and have failed to respect the Family Educational Rights and Privacy Act.

***


The Parents' Coalition has blocked out the names of the students on this list and we aren't providing a link to this blog. We expect that the listing of these student's names will be removed from the Internet within the next 24 hours, hopefully sooner. 


Thanks to the county parent that forwarded us this information. Maybe someday the MCPS Superintendent and Board of Education will resolve to protect the privacy rights of students.


UPDATE 3/26/10: Student Debtors Removed from Internet

Wednesday, August 19, 2009

MCPS endorsement used in milk advertising - students too!

"All of our technology partners know they are not permitted to use MCPS testimonials in advertising. Superintendent Jerry Weast, January 7, 2009 in answer to Board of Education Question #9.
But, apparently the Mid-Atlantic Dairy Association is free to use MCPS testimonials and MCPS students in their advertising campaigns! Here is the mission statement of the Mid-Atlantic Dairy Association:

Mission Statement: Mid-Atlantic Dairy Association builds demand for milk and dairy products and enhances the image of the dairy industry on behalf of dairy farmers.
Sure enough! Just take a look at the video that the Mid-Atlantic Dairy Association has produced in conjunction with MCPS' Nutrition Director Kathy Lazor, MCPS administrators, and made available on YouTube. Makes you want to run out and buy milk in a plastic container, doesn't it?

Once again we see MCPS being used to endorse a product. This blog has reported on previous incidents of MCPS being used to endorse products here, here, and here; and an incident where MCCPTA was used to endorse a product here.

In addition, in this commercial video we see rooms and rooms of MCPS students being used as well. Do you think MCPS got releases from all of the students shown in this commercial? Take a look at the video, maybe you will spot your child in it.



MCPS' Ethics Policy says that its purpose is:

To promote the highest level of ethical conduct on the part of all persons associated with MCPS; to ensure the highest public confidence in the impartiality and independent judgment of Board of Education members and school employees.

* * * * *
UPDATE: As of 2:30 PM August 19, 2009, the Mid-Atlantic Dairy Association YouTube video (shown above) has been removed from YouTube. However, the video can still be seen here on the Mid-Atlantic Dairy Association website.

2012 UPDATE:  The video has now been removed from the Mid-Atlantic Dairy Association website too!

Monday, April 20, 2009

Short Primer on FERPA and "Obligations Wall"

The Family Educational Rights and Privacy Act (FERPA) is the federal privacy act equivalent for educational records. All schools that receive federal funding are subject to FERPA. FERPA is a personal right - that is, the cause of action may only be brought by the individual whose rights have been violated. For example, only a student or parent of a student named on the "obligations wall" (at Richard Montgomery, Blake, or Whitman) or public HSA remedial list (Blair) is entitled to file a complaint with the US Department of Education. If my child's rights aren't violated, sorry, no right to complain.

Remedies are mostly corrective - the objectives are get the school or school system to fix their policies and procedures. However, the regulations do permit the Department of Education to withhold funding for egregious cases - see 34 CFR 99.61 et seq.

As a lawyer involved in freedom of information and privacy act issues, most people I know outside of MCPS in who deal with records subject to the privacy act or educational research and testing work very diligently to comply with the various requirements of the applicable privacy laws and regulations. MCPS is rather cavalier in its interpretations - but then again, that seems consistent with MCPS believing that most laws and policies are meant for others. I know I've spoken with my kids schools about having volunteers helping out with mailing interims, but didn't get very far, since the school claimed the volunteers were working just like school staff. How fascinating. I've only had one instance that I know about where my child's name was on the "obligations wall," and at that point I was more concerned about whether she could purchase a homecoming ticket than I was about filing a FERPA complaint.

More on FERPA is on the Department of Education's website:http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Whitman Shorts: Student Debtors posted

Whitman Shorts, the Walt Whitman High School student television news show, did a report on illegal curricular fees, the posting of student names on school walls when fees are owed, and the violation of the Maryland Open Meetings Act by the MCPS Board of Education.

*In the report, hear the Whitman Principal say that it is "unrealistic for the schools to be able to provide everything - it is far too expensive".

*On November 20, 2008, I gave testimony to the Montgomery County Delegation to Annapolis on the issue of illegal curricular fees. In that testimony, I stated that as punishment for not paying illegal curricular fees "students have their names posted on lists that are hung on the walls of some schools." Later that same evening, in an apparent attempt to refute my testimony, Delegate Brian Feldman questioned Board of Education President Shirley Brandman, asking;
"...I hope you say that this is actually not true, but this idea that if there's arrears for fees, that somehow they are posted on some school, I mean, is that true?"
Board of Education President, and Whitman High School parent, Shirley Brandman replied:

"I really don't know what that incident refers to."

Watch the Whitman Shorts report showing the lists of student debtors posted on the walls at President Brandman's own neighborhood high school.

The Whitman Shorts reporter is John Yarchoan. Watch the video here:


Thanks to Whitman Shorts for providing the Parents' Coalition of Montgomery County, Maryland with a copy of this report.
Janis Sartucci

Sunday, February 22, 2009

Government Courses - Another Missing Component in MCPS Education

What has happened to the teaching of US government to our high school children? Do they know that federal laws apply in MCPS schools? Are our children learning from the adults in the school building to follow rules and standards of conduct?

Apparently not if your child attends a school where they post or disclose personally identifiable information that is readily apparent for all to view.

I've seen this first hand at Blair. Every few weeks, our trusted Blair volunteer coordinator puts out a plea for volunteers to help stuff envelopes containing student interim grades for mailing to parents. When I have questioned this practice, I've been told that the letters are folded in such a way that the volunteers do not see the individual score reports, and that even if they view the letters, the parents are acting in accordance with school policies that let them perform these tasks. Pretty feeble justification, in my opinion, especially when the policy requires training of the volunteers, documentation of the hours, and requires that the the principal is responsible for:

Supervising the scheduling of the volunteer, determining the
role of the volunteer, and assuring that the volunteer has no access to
confidential student or personnel information.


Then, a few weeks ago, at Blair, I noticed the public posting of students who were scheduled to sit for the January administration of HSAs. Names, room numbers, and tests to be taken - names of those students who didn't pass the tests when they were administered the previous May. My student's name is not among the ones posted, so I don't have standing to complain. This time Blair administration won't get an e-mail from me - but I hope that some of the parents of kids named on the list will say something.

Is this an isolated practice? No. Just yesterday, I heard of another high school in Bethesda that will be posting names in the school hallways of students who owe financial obligations. I thought that practice was eliminated - after all, didn't Magruder and Richard Montgomery HS also do that a few years ago and were told to stop?

From the Department of Education
website:

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g;
34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

. . .

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. (34 CFR § 99.31)

What can you do as a parent or student? Call your principal, show him/her the law, assume this is a mistake, but ask to get the information off the wall.

Should they refuse and you want to pursue this further? Contact the Department of Education Compliance office at the information on their website.

For additional information or technical assistance, you may call (202) 260-3887 (voice).

Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

Or you [use] the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920