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A matter of privacy
School superintendent feels requirement invades rights of parents, students

By Bill Vander Weele
Sidney Herald
Published on Tuesday, January 13, 2009 6:18 PM MST





The privacy of Montana’s students as well as parental rights are at risk.

That’s what Sidney Superintendent of Schools Doug Sullivan says when he looks at the fairly new requirements of the Achievement in Montana (AIM) program conducted by the Montana Office of Public Instruction.

He finds it ironic that a state that fought hard against the Real ID Act (An attempt to create standardized identification documents) while citing privacy issues is willing to allow OPI to invade the privacy rights of parents and children.

“In a state where the Legislature voted unanimously against the Real ID Act, I can’t believe we have a state agency that is effectively doing the same thing with our own kids,” Sullivan said. “Parents will have no control over their children’s information unless they are willing to jeopardize certain funding for the school district.”

According to OPI’s Web site, AIM streamlines the reporting of student-related data from school districts to OPI, including enrollment, demographic data, eligibility for state and federal education programs, registration for the statewide assessments, and special education planning and reporting.

Sullivan explains, however, the agency collected general data such as the number of students in programs. Now, the agency wants the student’s name as well as the student’s background.

“Why do I have to submit personally identifiable information of why my son is in the free and reduced lunch program? When we can simply look at the information and see how many students are in the free and reduced lunch (program),” Sullivan said.

When Sullivan asked OPI officials whether parents can decline disclosing information for the public records, he was told the decision could hurt the school district.

“Under that scenario, the school district could lose certain sources of funding if a parent prohibits the school district from sending the personally identifiable information to OPI,” Sullivan said. “Helena is taking away our rights as parents.”

OPI officials explain the program is part of a bill passed by the Montana Legislature in 2007 to help define a quality public education.

“The questions about education have to be complete,” Madeline Quinlan of OPI told the Herald. “There are so many questions regarding the effects of programs. Schools collect a whole lot more information than we do at the Office of Public Instruction.”

Sullivan’s argument toward that suggestion is the school’s information is located within the district’s buildings and not in a huge database in Helena.

OPI officials note they have no intent of distributing the information, and that the database is very secured.

Bob Runkel of OPI stresses that security was given more effort than anything else when the program was established.

“We’re doing our best to protect the confidentiality of the data,” Quinlan added.

The policies the agency employs include not leaving a desk without locking the computer station, no files on a student can be left on a desk, notes are shredded at the end of each day and a secured system of uploading information with schools.

The same server is utilized that protects other confidential information such as Medicare and Social Security files.

“It’s as secure as we can get it,” Runkel said.

Personal information required for AIM includes name, birth date, gender and race. In a separate database, OPI will have such information as a student’s disciplinary history and special education requirements including the individual education plan.”

Runkel said that information could be important when a student transfers schools and for example has a history of bringing guns on school property.

Dawson County Superintendent of Schools Jim Germann and Fairview Superintendent of Schools Matt Schriver agree that having information on transferred students will be beneficial.

They, however, also have worries about the students’ privacy.

“It seems a bit intrusive,” Germann said. “You always hope security is strong enough. I think they have some safeguards in place.”

While Germann has a “wait and see” approach about the program, Sullivan says privacy rights must be observed.

“The Legislature is in session right now, and the legislators can fix it,” Sullivan said. “They can see my parental rights are protected and more importantly that our students’ right to privacy are protected.”

He says information will be provided for preschool students for as young as 3 year olds.

“People in Montana have to ask themselves if this is the start, where is the end,” Sullivan said, “3-year-olds, think about it!”

editor@sidneyherald.com

Comments

The following are comments from the readers. In no way do they represent the view of the Sidney Herald.

    john larsen wrote on Jan 14, 2009 1:06 AM:

    " Why are the names of farmers and ranchers who receive subsidies public information? Like schools, they are receiving tax payers' dollars. School free and reduced lunch programs are just one of many taxpayer funded programs in the public (note the word "public" here) schools system. The public has the right to know by whom and how their money is used. Period. Most certainly, those state agencies who exist to oversee our public schools have a right to know what the schools are doing; no closed little fiefdoms should exist. Many in the K-12 community in Montana have worked for secrecy in schools for the past several years. They use "privacy rights" as an excuse to keep the public from knowing what is happening in public schools. The superintendent is dead wrong; let the sunshine in. Only the sunshine of public knowledge will assure that kids are properly educated and treated in our schools. In a democracy only sunshine protects people, including students, not secrecy. No secrets,not even by using "student privacy" as an excuse. Especially no secrets from the state agencies authorized to oversee that our kids are safe and properly educated while in our public schools. "

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