Black Boxes, Student Data & Playing Moneyball for Education

black-Box_2

We’re rapidly entering a world of evidence-based decision making in public education. These decisions will be powered by vast amounts of data run through proprietary black boxes that parents will have no way of understanding. The approach is called Moneyball and the goal is to justify ration resources to students –while investors make a tidy profit.

One of the most difficult challenges I’ve had as a parent is convincing other parents that the endless collection of our kids’ data isn’t benign and technology isn’t inherently benevolent.

Big Data, Like Big Brother, Isn’t Your Friend

As adults, we’ve chosen to ignore this cold hard fact: that by using electronic devices, we are allowing ourselves to become a product. Von Shoshana Zuboff calls this evolution in big data mediated economics surveillance capitalism:

It’s now clear that this shift in the use of behavioral data was an historic turning point. Behavioral data that were once discarded or ignored were rediscovered as what I call behavioral surplus. Google’s dramatic success in “matching” ads to pages revealed the transformational value of this behavioral surplus as a means of generating revenue and ultimately turning investment into capital. Behavioral surplus was the game-changing zero-cost asset that could be diverted from service improvement toward a genuine market exchange. Key to this formula, however, is the fact that this new market exchange was not an exchange with users but rather with other companies who understood how to make money from bets on users’ future behavior. In this new context, users were no longer an end-in-themselves.  Instead they became a means to profits in  a new kind of marketplace in which users are neither buyers nor sellers nor products.  Users are the source of free raw material that feeds a new kind of manufacturing process.

As adults we’re vaguely aware that certain choices we make will impact our credit report. The inputs seem arbitrary and frankly ridiculous. Unless, there’s a problem, THEN, the unfairness of the system quickly comes into focus.

How your credit report is determined is an example of a black box. Inputs go in, something happens inside the box, and then your credit report comes out. What happens inside the box? Who knows? It’s a proprietary predictive model.

What sorts of random digital bits could impacts your credit report? Things like what operating system you use, if you do your browsing using a desktop or cellphone, even what you decided to use as your email address.

This excerpt is from New Study Shows You Can Predict Credit Rating from Your Online Tech Fingerprint.

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What’s Stored in your School Google Drive Account? You Might be Surprised.

Reposted with permission from Missouri Education Watchdog.

Don't Be Evil

If you or your child have a Google account through school, you are going to want to read this.

WATCH THIS FOX 5 NEWS CLIP from Springfield, MO. They show one teacher log into her school issued Google Drive account where her personal information, including 139 passwords and audio of voice to text messages and Siri searches were stored, allegedly unencrypted.

While many have questioned Google’s invasion of the classroom and how Google Apps for Education, (now called G-Suite), collects and uses student or teacher information, few have really gotten much in the way of answers. What is reportedly happening with Springfield Missouri Public School’s use of Google Drive offers a rare glimpse into Google’s potential to collect data. School-issued student Google accounts connect to Google Drive which can allow for the ability to Auto-Sync devices to Auto-Save passwords, browsing history and other digital data points from numerous devices used by a single user. For students in SPS this could include digital data from non-school related accounts.  This July 17, 2018 Fox 5 KRBK  news story explains how one family discovered this practice and reported it to the school district.

“The Elys claim that the SPS Google Drive, given to all SPS employees and students, automatically begins to store information from any device the drive is accessed on. This includes browser history, but also personal information such as files and passwords. They add that even if you log out of the drive, it stays running and recording in the background.

After bringing their concerns forward this past May, they say that despite the evidence presented, no serious action has been taken on behalf of the district.

“They have a lot of evidence and have had it since December, and we have not heard one word from any of them, said Dianne Ely.

With more searching, the Elys have now found even more sensitive information that’s been stored to their daughter’s Google Drive, including 139 passwords to both her and her husband’s different accounts and also voice recordings of both her and her children.

“My voice to text was being stored as well as any search my kids did, and I could say ‘sure my daughter was searching on Google,’ but my phone uses Safari. When I used my texting app on my iPhone, it recorded my voice, as well as typing out the words and saving it on my Google Drive,” said Brette Hay, the Ely’s daughter and a teacher at Pershing Middle School.

The Elys hope with this new evidence, not only will parents, employees and students take action to check what private information of their own could be stored on the drive, but that the school district will also take the appropriate steps to make their Google Drive safe.” [Emphasis added]

Parents want to know: Why is Auto-Syncing of devices and Auto-Saving of passwords allowed on any school-issued Google account?

Google changed its Google Drive syncing in September 2017. This new policy raises several questions:

  • How does this Google change affect privacy and security and access to school-issued Google Drive accounts? Does it allow cross device tracking?
  • Are students, parents, school employees, (who are often required to use the school-issued Google Drive), informed that their devices could be automatically synced, and remain synced even when the log out? Are  users informed of what information, including personal passwords, could be stored on their school-issued Google Drive?
  • Since district administrators can set permissions, do districts have the ability to disable the Google Auto-Sync and Auto-Save function?

Each state has consumer protection laws and state privacy laws that may prohibit the collection or reporting of individual’s biometric information such as facial or voice recognition. There are also several federal privacy laws, highlighted below, that apply specifically to student information.

PPRA  The law requires that schools obtain written consent from parents before minor students are required to participate in any U.S. Department of Education funded survey, analysis, or evaluation that reveals information concerning the eight protected areas.

FERPA    34 CFR § 99.3 defines an education record as “The term education record means those records that are: (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.  Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record.” However, FERPA allows schools to disclose covered information in education records, without consent, in certain situations.

The auto-syncing capability of Google Drive raises additional concerns for schools using this technology:

  • If personal devices are synced and passwords stored, and if a student’s personally identifiable (PII) is collected, does the district’s or Google’s access to student Google Accounts meet the requirements of federal and state laws? Should the district be required to obtain informed written parental consent prior to this PII data being aggregated on the Google Drive?
  • Has covered information stored on the Google Drive ever been accessed by anyone other than the student, parent, or school official?
  • Is posting a student’s ID on each school device, and generating a uniform password for all students, in compliance with best practices and FERPA? (See Dr. Ely’s May testimony for an example of this practice.)
  • If parents feel their student’s personally identifiable information has been disclosed improperly, they can file a FERPA complaint.

COPPA  “The primary goal of COPPA is to place parents in control over what information is collected from their young children online. The Rule was designed to protect children under age 13 while accounting for the dynamic nature of the Internet. The Rule applies to operators of commercial websites and online services (including mobile apps) directed to children under 13 that collect, use, or disclose personal information from children, and operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13. The Rule also applies to websites or online services that have actual knowledge that they are collecting personal information directly from users of another website or online service directed to children.”

  • If personal information of children under the age of 13, such as their browsing history or location was collected when they were online (including when they accessed non-educational websites outside of school, while not actively logged into their synced Google Drive) and if the information from this synced device was stored on the school-issued Google Drive, along with saved passwords, who has access to this information? Is informed parental consent required?
  • Can this personal information in the Google Drive ever be accessed by anyone other than the student and their parent?

HIPAA  “The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the Secretary of the U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and security of certain health information. To fulfill this requirement, HHS published what are commonly known as the HIPAA Privacy Rule and the HIPAA Security Rule.”

While information contained in a student’s education record is generally not covered by HIPAA, it is generally covered by FERPA.  This leads to a larger set of questions when Auto-syncing devices and storing  information in a school-issued Google Drive:

  • Is a student’s personal information stored in a school-issued Google Drive considered part of a student’s education record? What if the personal information was obtained outside of school, without the student’s or parent’s knowledge?
  • Does HIPAA apply if information stored on a school-issued Google Drive, is personal information about someone other than a student?
    • Is access to your family’s health record part of a student’s educational record, both FERPA and HIPAA compliant if you did not knowingly supply the information to the school?
    • Is audio of a parent discussing personal medical information considered part of a student’s education record?
    • If a relative or friend is a medical professional and you used his/her computer to log into your Google Drive, and now the device is synced, are the auto-saved passwords and medical information on this personal computer part of the student’s education record?
  • In general, is Google Drive HIPAA compliant? If passwords are exposed, does the district and Google follow the necessary steps to ensure Google HIPAA compliance?

Best Practices

In the Fox 5 news story, the School District claims that they followed best practices and there is no breach within the SPS system.  In response to these allegations, SPS stated:

“We believe that our data systems remain safe and secure. In reviewing the concerns brought forward, no data breach has been identified within the SPS system, nor are we aware of any personal information on our servers beyond the appropriate staff and student information provided to the district. We want to assure our community that SPS will always support any investigation into allegations, such as these, in order to address concerns. SPS is committed to doing all that is necessary to keep our staff and students safe and secure. This is true for both facility and cyber security. We work with third-party vendors to regularly monitor and evaluate our procedures and information systems. We implement ongoing updates to our best practices and information systems to maintain and strengthen, wherever appropriate. Our IT Department continues to review best practices in the industry, refining and enhancing district procedures on a regular basis, while also strictly adhering to the manufacturer’s terms of use for any software or other product. We know that ongoing training is essential to protecting the security of each individual and the district-at-large. Over the past three years, we have focused on new training for both staff and students regarding how to be responsible digital citizens. Because this is a personnel matter, we are limited in the details that we can provide, but we remain vigilant in our work to protect the safety and security of our systems, in the best interest of all SPS constituents. At this time, our internal and independent assessments do not indicate that there is a reason for the community to be concerned.”

Screenshot of teacher checking passwords saved on the SPS Google Drive account. The teacher has shown that if you click on the eye icon of any of these accounts, the passwords are exposed. (We redacted the email addresses and the Amazon account that shows the password has been deactivated.)

We wonder about the reported non-school related information and non-school related passwords to accounts (including accounts with personal banking information, medical accounts) that are allegedly stored unencrypted on school-issued Google Drive accounts?  Would this situation comply with Missouri’s new law, HB1606,  on student cybersecurity and breach reporting?

Regardless of the school district’s claim that there is no reason for concern, many people are concerned and are questioning the ethical and legal implications. Many are wondering if Google Drive Auto-Syncing and Auto-Saving is happening in other school districts across the nation. We have posted videos and links to public testimony presented at Springfield Public School Board meetings with detailed explanations from people who have experienced this first hand and have reported it both to the school district and have filed a police report. We have also posted instructions at the bottom of this blog for you to check what is in your (or your child’s) school-issued Google Drive account.

 

Public testimony of the July board meeting begins at the 4 minute mark.

 

Public testimony of the May board meeting begins at the 18 minute mark.

 

What do you think?  

If personal, non-education related information is being stored in school-issued Google Drives, would that data collection cross the line? After reading this blog and reviewing the testimony etc, let us know what you think and let us know what you find in your school Google Drive. 

(You can post a comment on this blog but please do not share your passwords or personal log-in information that would leave you open to hacking; just tell us the types of information you found in your Google Drive.)

We wonder why any school district would want the liability and security risk associated with storing personal information and allegedly unencrypted passwords to personal accounts. With cyber hacks targeting schools at an alarming rate, think of the security issues and potential for harm.

Ask your school district how their Google Drive is set up and look at the information stored in your school-issued Google Drive.

Here’s how to see what is in your school-issued Google Drive, according to May 2018 testimony provided by Dr. Ely. (It may look slightly different depending on the device you are using. )

Steps for checking your/your child’s/your grandchild’s SPS Google Drive Account

Sign- in and security (passwords and devices)

  1. Log into your account.
  2. Once into the Google Drive click on the top left the 3 lines, which pops open your Google drive account info. Look all the way at the bottom and click on the round picture of the round circle with your initial in it.
  3. Click on my account
  4. Click Sign-in & security
  5. Scroll all the way to the bottom of the sign in and security page to where it says saved passwords. This is where you can see all of the passwords stored to the SPS Google Drive Account. For the passwords, it might look like an eye but you just need to click on it to reveal the password.
  6. From the sign in and security screen you can also see what devices have been used to log into your sps Google account and allow you to see what devices have been synced with your account.
  7. You may need to click on “Mange My Activities” to see stored voice to text speech, location tracking, YouTube and search history.

 

References and related links:

May 15, 2018 Springfield Public Schools Board Meeting. Public comment starts at about 18 minutes https://www.youtube.com/watch?v=WIbjpjsKAc8

May 15, 2018 Written testimony from Dr. Norman Ely https://drive.google.com/open?id=1HKBAAvyZ39pSxASq2p6OCM-EoL9BbU2L

July 17, 2018 Springfield Public Schools Board Meeting. Public comment starts at about 4 minutes https://www.youtube.com/watch?v=kDREN3CCO3E 

July 17, 2018 Written testimony from parent and teacher Brette Hay https://drive.google.com/open?id=1PdFLlqaR-gvUB32nFsz-_ILoEt3fkpPA

July 17, 2018 Written testimony from Dr. Norman Elyhttps://docs.google.com/document/d/14Ikjd8TkQhhnGnwh7RdLdGGlo6VnFzKQ2GdXEjImPjs/edit?usp=sharing

July 17, 2018 Written testimony from Brooke Hendersonhttps://docs.google.com/document/d/1zvqD2p54Co1zStAkj7AoH1RDxx8Ys3LdwXtDSEkHHDQ/edit?usp=sharing

FOX 5 KRBK Family claims SPS Google Drive is storing personal information http://www.fox5krbk.com/story/38669634/family-claims-sps-google-drive-is-storing-personal-information#.W09T9C4KOr0.facebook

KOLR10 Parents of SPS Employee say Their Family was Hacked  https://www.ozarksfirst.com/news/parents-of-sps-employee-say-their-family-was-hacked/1181643101

Computer hacking, massive data breach revealed to Springfield Board, Attorney General reportedly investigating https://rturner229.blogspot.com/2018/05/computer-hacking-massive-data-breach.html

Springfield Public Schools 2017-18 School Handbook  https://isharesps.org/websitedoc/CommunityRelations/Student%20Handbooks/2017-2018%20handbook%20final%20complete.pdf

Springfield Public Schools 2018-19 School Handbook https://www.sps.org/Page/2623

How Google Took Over the Classroom https://www.nytimes.com/2017/05/13/technology/google-education-chromebooks-schools.html

EFF: Google’s Student Tracking Isn’t Limited to Chrome Sync
https://www.eff.org/deeplinks/2015/12/googles-student-tracking-isnt-limited-chrome-sync

State Attorneys General are next headache for Google 2017 https://www.wired.com/story/state-attorneys-general-are-googles-next-headache/

37 Attorneys General settle against Google for Consumer tracking violations 2013 https://www.privacyandsecuritymatters.com/2013/11/google-pays-big-to-state-attorney-generals-for-improper-consumer-tracking/

YouTube is Improperly Collecting Children’s Data, Consumer Groups Say  https://mobile.nytimes.com/2018/04/09/business/media/youtube-kids-ftc-complaint.html?smid=tw-share

Transparency and the Marketplace for Student Data
https://www.fordham.edu/info/23830/research/10517/transparency_and_the_marketplace_for_student_data/1

U.S. Education Dept. responds to TheDarkOverlord attacks with new cyber advisoryhttps://www.databreaches.net/u-s-education-dept-responds-to-thedarkoverlord-attacks-with-new-cyber-advisory/

Missouri Consumer Protection Law https://ago.mo.gov/civil-division/consumer/identity-theft-data-security/identity-theft

New Student Data Breach Reporting Requirements in Missouri  https://k12cybersecure.com/blog/new-student-data-breach-reporting-requirements-in-missouri/

Missouri Student Privacy Bill  HB14-1490 as found on the Missouri Department of Elementary and Secondary Education Data System Management website.   https://dese.mo.gov/data-system-management/data-access-sharing-and-privacy

HB-1490:

(4) Develop a detailed data security plan that includes:

(a) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;

(b) Privacy compliance standards;

(c) Privacy and security audits;

(d) Breach planning, notification and procedures;

(e) Data retention and disposition policies; and

(f) Data security policies including electronic, physical, and administrative safeguards, such as data encryption and training of employees;

 3. The department of elementary and secondary education shall not collect nor shall school districts report the following individual student data:

(1) Juvenile court delinquency records;

(2) Criminal records;

(3) Student biometric information;

(4) Student political affiliation; or

(5) Student religion.

4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

5. Each violation of any provision of any rule promulgated pursuant to this section by an organization or entity other than a state agency, a school board, or an institution shall be punishable by a civil penalty of up to one thousand dollars. A second violation by the same organization or entity involving the education records and privacy of the same student shall be punishable by a civil penalty of up to five thousand dollars. Any subsequent violation by the same organization or entity involving the education records and privacy of the same student shall be punishable by a civil penalty of up to ten thousand dollars. Each violation involving a different individual education record or a different individual student shall be considered a separate violation for purposes of civil penalties…

 

Missouri Student Privacy Bill  HB14-1490 as found on the Missouri Department of Elementary and Secondary Education Data System Management website.   https://dese.mo.gov/data-system-management/data-access-sharing-and-privacy

HB-1490:

…The department of elementary and secondary education shall develop criteria for the approval of research and data requests from state and local agencies, researchers working on behalf of the department, and the public
(3) Shall not, unless otherwise provided by law and authorized by policies adopted pursuant to this section, transfer personally identifiable student data;

(4) Develop a detailed data security plan that includes:

(a) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;

(b) Privacy compliance standards;

(c) Privacy and security audits;

(d) Breach planning, notification and procedures;

(e) Data retention and disposition policies; and

(f) Data security policies including electronic, physical, and administrative safeguards, such as data encryption and training of employees;

 3. The department of elementary and secondary education shall not collect nor shall school districts report the following individual student data:

(1) Juvenile court delinquency records;

(2) Criminal records;

(3) Student biometric information;

(4) Student political affiliation; or

(5) Student religion.

4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

5. Each violation of any provision of any rule promulgated pursuant to this section by an organization or entity other than a state agency, a school board, or an institution shall be punishable by a civil penalty of up to one thousand dollars. A second violation by the same organization or entity involving the education records and privacy of the same student shall be punishable by a civil penalty of up to five thousand dollars. Any subsequent violation by the same organization or entity involving the education records and privacy of the same student shall be punishable by a civil penalty of up to ten thousand dollars. Each violation involving a different individual education record or a different individual student shall be considered a separate violation for purposes of civil penalties…

 

-Cheri Kiesecker

Data Unicorns? Tech Giants and US Dept of Ed Form Alliance to Leverage Student Data — Without Parent Consent.

Reposted with permission from Missouri Education Watchdog

Leveraging Student Data

Project Unicorn: Billionaire partners promoting data interoperability and online “Personalized Learning”

When the Unicorns “protecting” student data are interoperable with the Unicorns taking it, parents and lawmakers might want to pay attention.

According to Technopedia, in the Information Technology world, “a unicorn is most commonly used to describe a company, for example, a Silicon Valley startup, that started out small but has since increased its market capitalization to, say, $1 billion or more. …For example, the social media giant Facebook, which has a market capitalization of more than $100 billion, is considered as a “super-unicorn among unicorns”.  Interesting coincidence because the name of a MEGA financed K-12 student data alliance is a unicorn.

Meet Project Unicorn.

Project Unicorn’s Mission is to Leverage Student Data and Make Data Interoperable

Project Unicorn

Project Unicorn’s steering committee is a who’s-who of edtech bundlers, billionaires, and student data power-players. They have formed an “uncommon alliance” committed to leveraging student data by making the data interoperable, flowing seamlessly, between all K-12 applications and platforms. While addressing student data security and privacy is a much needed conversation, it would seem that Project Unicorn has the cart before the horse. There is no talk of student data ownership or consent prior to collecting and using student data but rather, per this press release, Project Unicorn will continue to take the data, make data interoperable and talk about it afterwards, “Once interoperability is in place, we can start working with teachers and students to ask questions about the data.”  You can see by tweets below that Project Unicorn initially claimed it wanted to “shift data ownership to the student”; they have since withdrawn that statement.  Several schools and districts have been encouraged to join the Project Unicorn Coalition; we wonder if parents in these schools were given an option or are even aware of what this means. We’re going to talk about a few of the Project Unicorn partners and then circle back to their interoperability goals and how that fits with student data ownership, ethics, and the newly formed and related Truth About Tech and Humanetech.

A few points before we start:

  • When it comes to “free” edtech products, you know if it is free, you are the product; you pay with your data and your privacy. With edtech and 1:1 devices, personalized learning, online assessments online homework, LMS systems, students usually do not have a choice. Students do not have the ability to consent or opt out. Why?
  • Not all philanthropy is charity. As this article points out, for some, philanthropy is an investment, these nonprofits may “look” charitable but they are truly meant to make money and to buy power and influence policy, and sometimes do harm.
  • McKinsey Global estimated that increasing the use of student data in education could unlock between $900 billion and $1.2 trillion in global economic value. 
  • Children are not data points to predict, standardize and analyze. Currently online platforms can collect every key stroke, analyze and predict children’s behaviors. Children are not meant to be experimented on and#KidsAreNotInteroperable.
  • Currently, students’ data can be shared, researched, analyzed, marketed without parental consent. Often, parents cannot refuse the data sharing, cannot see the data points shared and how they are analyzed.
  • Edtech and Silicon Valley companies can gain access to personal student information without parent consent, under the School Official exception in FERPA. The US Department of Education not only promotes edtech companies, it tells tech companies HOW to gain access to student data, and is partnered in this project to make data sharing interoperable.
  • Interoperable data systems will allow even larger, very predictive data profiles of children–everything they do, are. The best way to protect privacy is to not collect data in the first place. Interoperability, with bigger and more detailed, sensitive data sets, sharing and mixing data with third parties is risky for both privacy and security. The US Department of Education has already warned of cyber hackers ransoming sensitive data from schools; who will be responsible and liable for more data breaches?

Back to unicorns.

How is the US Department of Education involved with Project Unicorn? 

The USDoE (your tax dollars) has been a major driving force of funding and support in online education, and data interoperability. Part of the data interoperability requires common data standards. CEDS (Common Education Data Standards) are codes used to tag student data, you can see these over 1,700 different data codes or elements, in the federal student data dictionary.  These common data tags were created with the help of  Bill Gates, funder of the Data Quality Campaign; read about the mission of DQC at the US Department of Education Summit here. Data Quality Campaign also provides policy guidance to legislators and education agencies, such as this 2018 DQC Roadmap promoting Cross-Agency data sharing. With the shift in education focusing more on workforce talent pipelines (see both ESSA and WIOA), the Workforce Data Quality Campaign (Gates, Lumina, Arnold, Joyce Foundation funded) has also influenced the US Department of Labor. The US Department of Labor-Workforce Data Quality Initiative plans to use personal information from each student, starting in pre-school, via the states’ SLDS data system. You can read more about  the SLDS, the roles that the US Department of Education and Bill Gates play in student data collection, the weakening of federal privacy law FERPA  here. In recent years Microsoft’s commitment to data privacy has been called into question, as per this EdWeek article. Even Microsoft itself admits they can take a peek and trend through student data and can put it on the market.

“If students are using certain cloud infrastructures, and it’s held by a third party, it is possible for [the vendors] to trend through the data,” said Allyson Knox, director of education policy and programs for Microsoft. “When [information] is flowing through a data center, it’s possible to take a peek at it and find trends and put it on the market to other businesses who want to advertise to those students.”

Knox said Microsoft has a “remote data center” where student information is housed but that “students’ data belongs to them.” -Microsoft https://www.fedscoop.com/lawmakers-hear-testimony-on-student-data-and-privacy/                     

Does Microsoft still believe that student data belongs to the student?

Gates: In 5 Years

Microsoft, Bill and Melinda Gates Foundation

The Bill and Melinda Gates Foundation is a nonprofit whose IRS 990 forms can be seen here and (2016) here and TRUST here; their awarded grants can be seen in this searchable database. Gates spends billions on K-12 and higher ed reform. Gates (and Data Quality Campaign) both support a national student database, and now Gates is shifting his Multi-Billion focus from Common Core to K12 networks and curriculum.

(See With new focus on curriculum, Gates Foundation wades into tricky territory .)

Microsoft is desperately hoping to regain ground in the K-12 classroom 1:1 device market, with management systems, cloud, gamification of education (yes, Microsoft owns Minecraft and is promoting Minecraft in classrooms), K-12 LinkedIn Data Badges (yes, Microsoft owns LinkedIn-and yes there are LinkedIn K-12 badge pilots in AZ and CO), introducing chatbots and Artificial Intelligence into education and several online tools like Microsoft OneNote, favorably reviewed here by their unicorn partner Digital Promise. Microsoft is also part of the US Department of Education’s push for online curriculum, via Open Ed Resources OERs. Microsoft will be handling and indexing the content for the Federal Learning Registry. (You can read more about how the Federal Department of Defense and Department of Education are involved in OERs here.)

According to this December 2017 New York Times piece, Microsoft is fiercely trying to regain ground in the K-12 classroom market.

Tech companies are fiercely competing for business in primary and secondary schools in the United States, a technology market expected to reach $21 billion by 2020, according to estimates from Ibis Capital, a technology investment firm, and EdtechXGlobal, a conference company.

It is a matter of some urgency for Microsoft. 

Chromebooks accounted for 58 percent of the 12.6 million mobile devices shipped to primary and secondary schools in the United States last year, compared with less than 1 percent in 2012, according to Futuresource Consulting, a research company. By contrast, Windows laptops and tablets made up 21.6 percent of the mobile-device shipments to schools in the United States last year, down from about 43 percent in 2012. – https://www.nytimes.com/2017/05/02/technology/microsoft-google-educational-sales.html [Emphasis added]

Digital Promise

If you aren’t familiar with Digital Promise, it is a non-profit created by the US Department of Education, to PROMOTE edtech in the classroom. Read about Digital Promise and Global Digital Promise here. Digital Promise is demanding data interoperability for school districts. Digital Promise presented their report The Goals and Roles of Federal Funding for EdTech Research at this 2017 symposium  which was funded by tech foundations and corporations, such as Bill and Melinda Gates, Chan-Zuck, Strada, Pearson, Carnegie… you get the idea.   In their report, Digital Promise acknowledges that the federal government has spent significant money on developing and disseminating technology-based products in the classroom with little to no information on how these products are working.  So, is the answer to rely on tech financed entities and unicorns to review and research the efficacy of future edtech products?  No conflict of interest there. Digital Promise also utilizes the heavily Gates funded and controversial Relay Graduate School, which you can read about here.

The Personalized Learning algorithm driven model does not work.

Digital Promise and others in edtech continue to push for online Personalized Learning despite many warnings from edtech insiders including this from Paul Merich, entitled Why I Left Silicon Valley, EdTech, and “Personalized” Learning. Merich’s concerns with the algorithmic driven Personalized Learning, are summed up with this quote,

“It was isolating with every child working on something different; it was impersonal with kids learning basic math skills from Khan Academy; it was disembodied and disconnected, with a computer constantly being a mediator between my students and me.”

And in this piece by Rick Hess, A Confession and a Question on Personalized Learning, the CEO of Amplify admits Personalized Learning is a failure. We wish every policy wonk and educrat would read this:

…“Until a few years ago, I was a great believer in what might be called the “engineering” model of personalized learning, which is still what most people mean by personalized learning. The model works as follows:

You start with a map of all the things that kids need to learn.

Then you measure the kids so that you can place each kid on the map in just the spot where they know everything behind them, and in front of them is what they should learn next.

Then you assemble a vast library of learning objects and ask an algorithm to sort through it to find the optimal learning object for each kid at that particular moment.

Then you make each kid use the learning object.

Then you measure the kids again. If they have learned what you wanted them to learn, you move them to the next place on the map. If they didn’t learn it, you try something simpler.

If the map, the assessments, and the library were used by millions of kids, then the algorithms would get smarter and smarter, and make better, more personalized choices about which things to put in front of which kids.

I spent a decade believing in this model—the map, the measure, and the library, all powered by big data algorithms.

Here’s the problem: The map doesn’t exist, the measurement is impossible, and we have, collectively, built only 5% of the library.

To be more precise: The map exists for early reading and the quantitative parts of K-8 mathematics, and much promising work on personalized learning has been done in these areas; but the map doesn’t exist for reading comprehension, or writing, or for the more complex areas of mathematical reasoning, or for any area of science or social studies. We aren’t sure whether you should learn about proteins then genes then traits—or traits, then genes, then proteins.

We also don’t have the assessments to place kids with any precision on the map. The existing measures are not high enough resolution to detect the thing that a kid should learn tomorrow. Our current precision would be like Google Maps trying to steer you home tonight using a GPS system that knows only that your location correlates highly with either Maryland or Virginia.

We also don’t have the library of learning objects for the kinds of difficulties that kids often encounter. Most of the available learning objects are in books that only work if you have read the previous page. And they aren’t indexed in ways that algorithms understand.

Finally, as if it were not enough of a problem that this is a system whose parts don’t exist, there’s a more fundamental breakdown: Just because the algorithms want a kid to learn the next thing doesn’t mean that a real kid actually wants to learn that thing.

So we need to move beyond this engineering model…” — Larry Berger, CEO of Amplify, excerpt Rick Hess Straight Up Blog [Emphasis added]

 

And…Digital Promise just published a 2018 report promoting “Personalized Learning”, co-authored by Tom Vander Ark, here.  In this report you can find such gems as this global mantra (including in the US) that learning and teaching knowledge is no longer the main goal of education, it is more important to gather data about how students think and feel.

According to the World Economic Forumthe top five most valued skills for workers in 2020 are: 1) complex problem solving; 2) critical thinking; 3) creativity; 4) people management; and 5) coordinating with others. This is a far cry from simply needing a grasp of reading, writing, and arithmetic to be marketable to employers. While mastery of the three Rs remains critical, it is merely the launching point and no longer the end goal. We need to re-think the education system”  –US Department of Education’s Digital Promise http://digitalpromise.org/wp-content/uploads/2018/01/lps-policies_practices-r3.pdf

Getting Smart, Tom Vander Ark

Tom Vander Ark is Getting Smart author, creator and is the “director of 4.0 Schools, Charter Board Partners, Digital Learning Institute, eduInnovation, and Imagination Foundation, and advises numerous nonprofits.” Vander Ark was also the former Executive Director of Education for Microsoft.  Vander Ark, in this 2011 video said that Common Core’s mandate of online assessments could be used as a lever to get computers into the classroom, computers for personalized learning to help replace teachers. Tom Vander Ark also said gone are the “days of data poverty” once we use online formative tests rather than end of year high stakes tests. Vander Ark is also featured in this Global Education Futures conference; notice that Vander Ark is speaking on how to Unbundle Billions in Education.

Dell Foundation.

What could Dell computers possibly have to do with tech in schools and student data you ask? For starters, Dell funds some heavy hitters in data analytics, such as McKinsey and Boston Consulting Group. Dell also has a “free” app for high school students called Scholar Snap, which handles students’ personal scholarship data. Interestingly, Scholar Snap is also partnered with the Common App, both of which are third party vendors within Naviance, a K-12 Workforce data platform. (You can read about Naviance and their data mining, including how Common App asks students to waive their FERPA rights by clicking here.) Additionally, Dell (along with Gates) helps fund CoSN, the makers of the (industry self-policing, self-awarding) Trusted Learning Environment Seal for Student Data. CoSN  also promotes data collection and personalized learning.  Their “data driven decision making mission” is to “help schools and districts move beyond data collection to use data to inform instructional practice and personalize learning“. Not surprisingly, CoSN is also co-author of this Horizon Report, touting the virtues of Virtual Reality (VR) and robotics and wearable tech, expected to be adopted in K-12 education within the next 3 to 5 years.

The wearable format enables the convenient integration of tools into users’ everyday lives, allowing seamless tracking of personal data such as sleep, movement, location, and social media interactions. Head-mounted wearable displays such as Oculus Rift and Google Cardboard facilitate immersive virtual reality experiences. Well-positioned to advance the quantified self movement, today’s wearables not only track where people go, what they do, and how much time they spend doing it, but now what their aspirations are and when those can be accomplished.”  –CoSN Horizon Report 2018

Side note: It’s not just students who will be required to track and share their biometric and personal data. As this New York Times piece reports, teachers in West Virginia were required to submit their personal information to a health tracking app or risk a $500 penalty.

They implemented Go365, which is an app that I’m supposed to download on my phone, to track my steps, to earn points through this app. If I don’t earn enough points, and if I choose not to use the app, then I’m penalized $500 at the end of the year. People felt that was very invasive, to have to download that app and to be forced into turning over sensitive information.

The Future of Privacy Forum

The Future of Privacy Forum, is a Project Unicorn partner and DC think tank funded by many tech foundations and corporations including but not limited to: Amazon, Apple, AT&T, Comcast, Facebook, Google, Microsoft, Verizon, Samsung, Sidewalk Labs (Google’s Alphabet, Smart Cities), Walt Disney, Bill & Melinda Gates Foundation, National Science Foundation. Hobsons (Naviance), Intel, Palintir, Pearson, Netflix, Mozilla name only a few of their big name supporters. Their K12  arm focuses on balancing student data privacy while supporting innovation and technology in the classroom.

New technologies are allowing information to flow within schools and beyond, enabling new learning environments and providing new tools to improve the way teachers teach and the way students learn. Data-driven innovations are bringing advances in teaching and learning but are accompanied by concerns about how education data, particularly student-generated data, are being collected and used.

The Future of Privacy Forum believes that there are critical improvements to learning that are enabled by data and technology, and that the use of data and technology is not antithetical to protecting student privacy. In order to facilitate this balance, FPF equips and connects advocates, industry, policymakers, and practitioners with substantive practices, policies, and other solutions to address education privacy challenges.

While it is fantastic to have such a well-funded group concerned about student privacy, we wish they would go further. The Future of Privacy Forum  doesn’t advocate for student and parent consent before taking or using student data, nor do they say students should own their own data. We wish they advocated for the right of parents to be ensured paper pencil / book / human face to face teacher alternatives to online curriculum.  We also wish that Future of Privacy Forum would better highlight that predictive algorithms are not regulated or transparent; meta data and personalized, adaptive learning are exempted from state privacy laws, often with this or very similar language:

Nothing in this section

And though the Future of Privacy Forum does promote technology in the classroom, screen addiction is a concern for parents. (Although tech addiction has seen increased media coverage as of late, it’s not new; see this 2015  New York Times article on the toll that screen addiction has on children. However, surprisingly, some would still argue that tech is not addictive. ) When promoting technology in the classroom, the Future of Privacy Forum could do a better job addressing the many well-documented health risks of screen use including behavioral changes, link to teen depression and suicide, sleep disturbance, damage to retinas and vision loss, and better highlight guidance from the American Academy of Pediatricians, warning that wireless devices and cell phones can cause cancer.

Common Sense Media

Common Sense Media is a nonprofit who is supported by several foundations, including but not limited to: The Bezos (Amazon) Family Foundation, The Bill and Melinda Gates Foundation, The William and Flora Hewlett FoundationCarnegie Corporation of NY,  Eli and Edythe Broad Foundation, Michael & Susan Dell Foundation,Overdeck Family Foundation, R.K. Mellon Foundation Symantec ,The Anschutz Foundation,  Annie E. Casey Foundation.  Another of their investors states that, “Common Sense Media provides unbiased and trustworthy information about media and entertainment that helps parents and children make informed choices about the content they consume.”

Can Project Unicorn or any of its Partners truly claim to be unbiased, since they are funded by the data driven tech industry? Since they are in a position to inform and advise on education policy, this is an important question.

Common Sense Media, even after hosting an event about tech addiction, see Truth About Tech below, is still advocating that only certain screen time exposure is addictive or concerning. Common Sense says when it comes to screen time, “there really is no magic number that’s “just right.”   Parents would argue that while content is certainly important, addiction, retinal damage, cancer risk, permissionless data collection, online safety risks apply to both educational and non-educational screen time, and affect children regardless of digital content.

Common Sense Tweet

To their credit, Common Sense Kids Action recently hosted a full day conference (video) on “Truth About Tech– How tech has our kids hooked.” It is great to get this conversation into the spotlight , you can see the agenda here, but there was no mention of giving students and parents ownership and control of how student data is collected, analyzed and shared. With online personalized learning and 1:1 devices being pushed at students as early as kindergarten and preschool, and no laws regulating meta data, data analytics, hidden algorithms, limiting screen time in schools and consent for data collection should have been discussed. Instead, Common Sense along with Project Unicorn is focused on data interoperability to keep the K-12 data flowing and will continue to ask parents to better control children’s screen time use at home.

Common Sense YouTube

The last segment of Common Sense’s Truth About Tech event, entitled “Solutions for Families, Schools, and Democracy” was moderated by Rebecca Randall, Vice President of Education Programs, Common Sense with guest speakers and Common Sense partners Dr. Carrie James, research associate, Project Zero, Harvard School of Education,, and Randima Fernando, Center for Humane Technology. This entire piece is worth your time, Mr. Fernando had some excellent points on gaming and technology.  However, we are going to focus on Dr. James’ comments since, as Ms. Randall mentions, it is on Dr. James’ work regarding digital ethics that Common Sense bases their K-12 digital literacy and citizenship curriculum.  Common Sense Media is about to begin working again with Dr. James and Harvard’s Project Zero to develop updated K-12 digital guidance.

At 49 minute mark,  Dr. James remarks:

“In answering a question around parents as role models, responded that, “We have a growing pile of evidence to suggest that parents are not doing a great job in this regard in recent research that we’re doing with Common Sense we’ve reached out to schools and teachers across the country and in a couple of countries around the world and asked you know what are some of the most memorable digital challenges your schools have faced and a surprising number of them have to do with parents.”

With screens being so addictive, we agree that many parents and most of society undoubtedly could be better screen time role models, we disagree with Common Sense’s continued emphasis only on non-educational screen use. We hope that Common Sense, their partners at Harvard Project Zero who will be working on new digital literacy citizenship curriculum, will consider age appropriate screen use, health and safety guidelines, parental consent and data ownership for children using devices and screens for educational purposes, including online homework. Parents send their children to school expecting them to be safe. Many parents do not want their children required to use screens and technology for regular coursework and when learning core subjects.  Many parents are uncomfortable with online personalized learning and would prefer face to face human teachers and text books as an option. The cost of attending public schools should not be mandatory screen exposure and loss of privacy. We hope that Common Sense will address these concerns in their work.

Project Unicorn is Promoting Interoperability. What is it?

An April 2017 Clayton Christensen Institute blog posted on the Project Unicorn news website explains the path of data interoperability as this,

“The first path toward interoperability evolves when industry leaders meet to agree on standards for new technologies. With standards, software providers electively conform to a set of rules for cataloging and sharing data. The problem with this approach in the current education landscape is that software vendors don’t have incentives to conform to standards. Their goal is to optimize the content and usability of their own software and serve as a one-stop shop for student data, not to constrain their software architecture so that their data is more useful to third parties.

Until schools and teachers prioritize interoperability over other features in their software purchasing decisions, standards will continue to fall by the wayside with technology developers. Efforts led by the Ed-Fi Alliance, the Access for Learning Community, and the federal government’s Common Education Data Standards program, all aim to promote common sets of data standards. In parallel with their (sic) these efforts, promising initiatives like the Project Unicorn pledge encourage school systems to increase demand for interoperability.”  [Emphasis added] https://www.christenseninstitute.org/blog/making-student-data-usable-innovation-theory-tells-us-interoperability/

A one-stop shop for student data, flowing seamlessly for third parties: Interoperability. 

How will  Project Unicorn help give students ownership of their data? Will students have consent and control over their data? We asked. 

Interestingly, up until a few days ago, Project Unicorn’s twitter profile stated that their focus is “shifting the ownership of data to schools and students.” See this screenshot from February 18, 2018 and a twitter conversation below.

Project Unicorn Tweet 2Project Unicorn replied the following day but they did not immediately answer my question about student data consent and ownership. Instead, they listed a few of their partners: Data Quality Campaign, Future of Privacy, Common Sense Media, National PTA. Again, I asked them about their statement about shifting ownership of data to the student.

Project Unicorn Tweet 3

Project Unicorn Tweet 4

Gretchen Logue also replied to Project Unicorn and their partners, asking if students can NOT have their data shared. Two days later, she still had not received a reply.

Logue

I directly asked Project Unicorn’s partner, Digital Promise to help answer whether students can consent to data collection. (Remember, DP is the edtech /personalized learning promoting non-profit created by the US Department of Ed.)  Digital Promise never responded to this parent’s questions. Maybe they just need a little more time or maybe parents aren’t important enough to bother with?

Tweet 5

tweet 6

tweet 7

Project Unicorn replied: they changed their twitter profile to better reflect the scope of their projectThey no longer claim to shift data ownership to students. They are promoting data interoperability. To be clear: they are NOT giving students ownership of their data. See their new twitter profile in this February 23, 2018 screen shot below.

Project Unicon interoperability

Why do edtech companies and our government have such a problem giving students consent and true ownership of their data? Data is money. Data is identity.  Student data is NOT theirs to take. 

Without the student, the data does not exist. If a student writes an essay for a class assignment, that written work belongs to the student. If a student draws a picture in art class, that artwork is theirs. Parents (and the Fourth Amendment) would argue that personal information about a student, created by a student, should belong to the student.

#TruthinTech: Unicorns are taking student data and sharing it without consent. What say you @HumaneTech?

Humane tech

Tech is hacking kids brains, but it is also stealing their data, students’ every keystroke can be collected and analyzed and student education records can be shared.  (FERPA is a 40 year old law that doesn’t cover data or meta data, or algorithms and was substantially weakened  in 2011 to allow personally identifiable information to be shared outside of the school with nonprofits, researchers, anyone approved as a school official or  educational purpose–without parent consent or knowledge). HumaneTech folks, are you good with this predictive profiling, leveraging and capitalizing of children who are held hostage in this mandatory surveilled school system? Schools are the new smart cities –except children are a captive audience and they are being exploited. They have no choice.

Why not do real, independent research, set guidelines and protect kids from screens in schools? Why not give parents and students a choice of tech vs paper, allow the option of learning knowledge vs in-school personality surveys and emotional assessments and biometric health trackers? Why not be transparent about algorithms and analytics and get consent BEFORE collecting and using student or teacher data?

GDPR.

Europe requires consent before collecting and sharing personal data, including automated decision making. GDPR gives Europeans (including students) more control on how their data is handled, including breach notification and penalty, data redaction, and consent. Why would American students be any less deserving than students in Europe? GDPR will have global implications.  Modernizing FERPA and COPPA to align with GDPR would be both practical and ethical. Why isn’t Project Unicorn also advocating for the GDPR standard of basic human privacy and data identity rights for American citizens and children? 

A final question note. Project Unicorn is not an elected, governing body, are they directing US education policy? Decisions should be made democratically, by those closest to the children, instead of by a few billionaires. What gives philonthro-funders the right to leverage children’s data and encourage schools with their procurement $trategies? The Edtech Billionaires directing education-experimenting on children have created (and are profiting from) this data driven problem: teachers are so busy collecting endless data points they don’t have the time or the freedom to teach. Now the regretful tech industry, wants to swoop in and make the data collection process easier, free up teachers (or replace them?), with a Single-Sign-On Standardized data collection tool. Children are not a product to be leveraged.  Please stop using schools and children as a permissionless innovation data supply.

IMS Global

And why oh why, Project Unicorn, are you working with IMS Global?  Uncommon Alliance indeed.

“…interoperability specification for educational click stream analytics created by the education community for the education community. Major educational suppliers are using Caliper to collect millions of events every week and the data is helping to shape teaching and learning on multiple levels. Several leading institutions are also working on putting Caliper in place. Now is a great time for both institutions and suppliers to begin putting learning analytics in place using Caliper.”

IMS Global Learning Consortium

-Cheri Kiesecker

Dear Congress, you are being duped. HR4174-S2046 is a Privacy Fail. Here’s why. ( And please no more suspended rules and voice votes on these bills. )

Reposted with permission from  Missouri Education Watchdog.

not_for_sale

I will say it again… When it comes to their own children, parents have little to no say in education matters. Parents are not invited to fancy conferences, we often aren’t even allowed to attend them. Parents don’t have a travel budget, a lobby budget, or a paid assistant to help write rebuttals and policy briefs. Nope, we are moms and dads and grandparents doing the best we can to protect our children. And that is why I am responding to the federal government’s response to my blogpost opposing their bill(s) HR4174 and S2046, Foundations for Evidence-Based Policymaking Act of 2017.

Dear  Congress,

The GOP Majority Staff of the Congressional House Committee on Oversight and Government Reform wrote and distributed a response to my November 12  blogpost  that opposed HR4174.  This response, which folks can see here begins with,

The Eagle Forum and other groups representing interests such as home schooling have raised concerns about H.R. 4174, the Foundations for Evidence-Based Policymaking Act of 2017The concerns relate to how the bill would affect the privacy of citizens (especially school-aged children) whose data  is being stored by the federal government. Those concerns arise from a misunderstanding of what the bill does to the personal data that the government already has.”

Let me clear something up.  I am not a member of Eagle Forum nor am I a member of a home school group, not that I have anything against them; I just don’t want them to be responsible for what I say.  Missouri Education Watchdog lets me write on their blog but my views are my own. I am a mom. My special interests are my children. I write as a parent, because like many parent advocates, blogging is the only (small) way to be heard.

And No.

My concern DOES NOT “arise from a misunderstanding of what the bill does to the personal data that the government already has.”  You have it sort of right;  let me restate it:

MY CONCERN IS THAT THE GOVERNMENT HAS CITIZENS’ AND ESPECIALLY SCHOOL-AGED CHILDREN’S PERSONAL DATA, WITHOUT PERMISSION…AND IS EXPANDING ACCESS, ANALYSIS OF THIS DATA, AGAIN WITHOUT PERMISSION.

It’s not your data. Data belongs to the individual. Data is identity and data is currencyCollecting someone’s personal data without consent is theft. (When hackers took Equifax data, that was illegal. When the government takes data… no different.)

If you support parental rights, you should not support HR4174 or its sister bill S2046.  Parents are often left out of the conversation about laws affecting their children.

I will say it again… When it comes to their own children, parents have little to no say in education matters. Parents are not invited to fancy conferences, we often aren’t even allowed to attend them. Parents don’t have a travel budget, a lobby budget, or a paid assistant to help write rebuttals and policy briefs. Nope, we are moms and dads and grandparents doing the best we can to protect our children. And that is why I am responding to the federal government’s response to my blogpost opposing their bill(s) HR4174 and S2046, Foundations for Evidence-Based Policymaking Act of 2017.

I invite members of Congress and policy makers, rather than refute, or ignore, please have a discussion with those closest to the children: parents.

You impose legislation that directly impacts our children and our families, without our input. We elected you to represent us, “we the people”.    Please hear us, the parents. These are our children, not your human capital, not your data, not your property.

What follows are sections on:

  1. Brief status of student data collection
  2. History and mission of CEP Commission, current linking of IRS data, Census Data, Education data.
  3. China, the US, tech companies and collection, analysis of citizens’ data, dangers of algorithms, metadata profiling.
  4. Status of HR4174, voice votes and suspended rules (why this controversial bill should have had neither)
  5. FACTS. Links to bill text, refuting the House Oversight rebuttal.
  6. Here is a two pager citing only facts, bill text.   http://tinyurl.com/HR4174twopage

The current state of student data collection– You need to know this.

Bill Gates, who has spent billions on reforming education, creating and sharing standardized data, state databases, also wants a national student database, linking k-12 and higher ed data. According to The Gates Foundation 2016 Priorities, this is the national database infrastructure he has in mind. Coincidence?

Gates data infrastructure

State agencies currently maintain personally identifiable data about citizens, including  k-12 school children. My focus is on student data because student data are collected and shared  and analyzed without parent consent. Parents have a right to direct our children’s education and citizens have a right to be secure in their property.  …or do we?  Taking personal information about a child, and sharing it, without the parents’ knowledge or consent is (SHOCKINGLY)  legal, thanks to a 2011 executive rule change that weakened FERPA.

Any Congressperson who would like to spend his or her Thanksgiving dinner explaining to friends and relatives why you think taking personal information about a child and sharing it without parent consent is ethical or principled, please go ahead. Also, let them know that you passed a bill giving more access to this ill-gotten, personal information of students. Be my guest.

As for me, I find HR4174 collection, sharing of a school child’s personal data without parent consent, unconstitutional and unethical and a violation of children’s privacy and parental rights.

The Electronic Frontier Foundation also challenged nonconsensual sharing of students’ personal information and the weakening of FERPA. See the EPIC lawsuit against the US Department of Education here.

Very personal information about k-12 students (ie: personal background info on kindergarten-12  registration forms, demographics, race,  health records, disability status, income status, a multitude of invasive surveys, even personality tests, etc.)  is currently collected at all public k-12 schools and can be shared outside of the school, without the parents’ knowledge.  Many have said for years,student data collection is out of control and we are not protecting children:  Asleep at the Switch: Schoolhouse Commercialism, Student Privacy, and the Failure of Policymaking.

Meta data and mouse-clicks to predict a child, measure their behavior. Amazon and Facebook and Google and Microsoft and many other edtech companies are invading the classroom. Edtech companies like  DreamBox, Khan Academy, and Knewton use adaptive or “personalized” online programs that collect large amounts of data on each child.  Knewton claims 5- 10 million data points per child, per day.  DreamBox claims 50,000 data points per hour on each student. These  “Personalized” software programs embedded in education technology are collecting data about a student, secretly determining which questions students will see, measuring how fast a child reads, what he or she clicks on, how long he or she takes to answer a question. This meta data is sometimes being used to measure a child’s  “social emotional learning” and engagement. One assessment company, NWEA, measuring test item response times, says if a child responds to a test question too quickly, this will give him/her a low engagement score.  NWEA thinks a child’s rapid response means the child is guessing and this disengagement can be applied to other “deep rooted problems” in a student’s life such as,

“a student’s likelihood of disengaging on a test was associated with his or her self-management and self-regulation skills, the ability, for example, to show up for class prepared and on time. “As they disengage from tests and the course material, a whole host of other things come up … attendance, suspensions, course failure … that have been connected to risk of dropping out of school,”

In a digital environment, everything a child does online can be captured, connected and catalogued. The LearnSphere project funded by the National Science Foundation and handled by Carnegie Mellon, explains this project which began in 2014:

“There are several important initiatives designed to address these data access challenges, for individual researchers as well as institutions and states. LearnSphere, a cross-institutional community infrastructure project, aims to develop a large-scale open repository of rich education data by integrating data from its four components.[17] For instance, DataShop stores data from student interactions with online course materials, intelligent tutoring systems, virtual labs, and simulations, and DataStage stores data derived from online courses offered by Stanford UniversityClick-stream data stored in these repositories include thousands and even millions of data points per student, much of which is made publicly available to registered users who meet data privacy assurance criteria. On the other hand, MOOCdb and DiscourseDB, also components of LearnSphere, offer platforms for the extraction and representation of student MOOC data and textual data, respectively, surrounding student online learning interactions that are otherwise difficult to access or are highly fragmented. By integrating data held or processed through these different components, LearnSphere will create a large set of interconnected data that reflects most of a student’s experience in online learning.” http://www.sr.ithaka.org/publications/student-data-in-the-digital-era/

Shouldn’t parents be able to see and consent to this information being collected and analyzed about their children? Will researchers and edtech companies be granted MORE access to the personal student data held by theDataShop, that HR4174 creates? (Yes, according to the bill excerpts below.)

Personal information about a student is already shared to a state longitudinal database, SLDS. See here for what data elements are stored in the state data dictionary. The states share this personal student data (personally identifiable information, pii) with other agencies, corporations, researchers–again without parent notification or consent, and parents cannot opt out. See here for example of state agreements to share student pii with companies, researchers, agencies, etc.

The Department of Defense also has access to student data through the Federal Learning Registry is a joint student data gathering project between the Department of Defense and the Department of Education. The Learning Registry and US Department of Education are also “encouraging districts and states to move away from traditional textbooks” and instead use the Learning Registry’s openly-licensed online materials, (Online Educational Resources, OERs), facilitated by Amazon, Microsoft, Edmodo, ASCD, Creative Commons. Can parents see this data or opt out? Nope.

The safest way to protect data, is minimize its collection. HR4174 does not minimize data collection, nor does it decrease disclosures. Schools and student databases across the country are currently being hacked and held for ransom, students threatened by cyber terrorists. With the federal government’s track record of failing FITARA security scores,  and recent data breaches, the thought of the federal government coordinating and maintaining expanded access to state level student data is concerning.

History and mission of CEP Commission

HR4174 is a result of the CEP (Commission for Evidence-based Policy); as stated in the bill and in the CEP final report, its purpose is identifying and reducing or removing barriers to accessing state-level data. The CEP commission held several meetings and three public hearings.  I suggest you review the minutes, video and audio of these meetings and hearings. You can read about the history of the CEP commission, watch the first public hearing, see written testimony submitted here.

The testimony from Oct 21, 2016 CEP hearing panelists is enlightening:

 For example: RK Paleru of Booz Allen Hamilton’s testimony, said that BAH supports, among other things, linking student data from surveys and multiple agencies, public-private partnerships, and data analytics, and “bringing the private sector perspective to the conversation.” He also stated the need for a data clearinghouse to be self-service and like a “Pinterest for data“, or data as paid service, and wanted to promote inter-agency data sharing.

Another Oct 21 CEP hearing panelist, Rachel Zinn, Workforce Data Quality Campaign, WDQC, said because of the current ban on a federal student database, “stakeholders” don’t have access to student information, she goes on to say in order to link and share data, stakeholders often have to use “non-standard processes, often goes through personal relationships or particular capacities within agencies at particular times” .   

Panelists at Feb 9, 2017 CEP hearing (listen to Audio at 57 min to 1hr14min mark):

Panelists discuss making it easier to link personally identifiable information from IRS records and personal information from Census population survey, personal information from education records and SLDS. With the CEP Commission making this personal data more accessible, more available, the researcher feels “like a kid in candy store“.  There are great barriers that prevent researchers from getting this data, currently researchers have to get it by “hook or crook” or  “by leveraging personal relationships”… CEP questions the coercive nature of obtaining this data.  At 1hour 11 minutes, they discuss how currently they can link Census population survey data and personal IRS data, with persistence any academic researcher can access these data, you just have to know the steps to get there and I think that’s the Commission’s charge“…

The Feb 24, 2017 CEP meeting:

Again, panelists discuss how they are already linking personally identifiable state-level education records with IRS records, but cite it is difficult and barriers need to be removed to make it easier to link this pii data between agencies.

IRS and student data.jpg

CHINA and US: Meta data, predictive algorithms, analyzing and generating data, social engineering

Linking all this personal data on citizens reminds me of why I mentioned that China collects and links data about its citizens.  Is there anything in HR4174 that says personal data cannot be used to rank a person, create a reputation score, or profile a person? HR4174 allows meta data analysis, generation of new data that can be  used to predict and profile. Algorithms can be biased and wrong. HOW can you possibly police this? A good start would be Europe’s General Data Protection Rule.

Tech companies in the US are ramping up their use of predictive analytics, artificial intelligence, despite dire warnings of existential risk  . This article on Twitter, Facebook and Google analytics is a warning on why we should be concerned. Do Facebook and Google have control of their algorithms anymore? A sobering assessment and a warning,

““Google, Twitter, and Facebook have all regularly shifted the blame to algorithms when this happens, but the issue is that said companies write the algorithms, making them responsible for what they churn out.”

Algorithms can be gamed, algorithms can be trained on biased information, and algorithms can shield platforms [tech companies] from blame.”

YET, have you ever heard of Yet Analytics? To quote this article,  Yet, HP and the Future of Human Capital Analytics: AI and your reputation score,

“querying of big data comprising information on learning, economic and social factors and outcomes gathered by the World Bank, the World Economic Forum, the United Nations and elsewhere. The outcome is the ability to predict multi-year return on investment on a great variety of learning, economic and social measures. We knew that variables including adolescent fertility rates, infant mortality rates and the balance of trade goods all had significant relationships with GDP per capita.”

Microsoft of course uses artificial intelligence and analytics with Cortana technology, but also has MALMO built in the MINECRAFT platform, “How can we develop artificial intelligence that learns to make sense of complex environments? That learns from others, including humans, how to interact with the world? Project Malmo sets out to address these core research challenges, addressing them by integrating (deep) reinforcement learning, cognitive science, and many ideas from artificial intelligence.”  Microsoft also has PROJECT BRAINWAVE capturing real time artificial intelligence data.

Facebook and your credit score? Facebook reportedly has a patent for technology that could potentially be used for evaluating your credit risk, which they say could be used to view your social network connections and determine your credit worthiness.

Status of HR4174

HR4174 was introduced on 10/31/2017 and was passed on voice vote in the House Oversight and Government Reform.  Yesterday, the US House of Representatives suspended their rules, something that, according to this document, is only done on non-controversial bills. Judging by the public outcry and the rebuttal response from House Oversight, I would argue this bill is controversial and should not have been voted on suspended rule. With rules suspended and another voice votethe House unanimously passed HR4174 on 11/15/2017. Watch the vote, starting at 4hr 52min mark here.

Myth or Fact?  You decide.

myth or fact

The rebuttal

FACT:  Parents cannot opt students out of this state data collection that is obtained without consent.

HR4174 will increase access to this state-level student data, allowing data to be linked or disclosed with government agencies, researchers, again without consent.

  • If HR4174 does allow parental consent, does allow parents to opt out of student data collection and sharing, please correct me. It would be imperative to specifically state parental consent and opt out rights in the bill, so schools and parents are aware of this provision. There’s still time to add this opt out provision in the Senate.

FACT: HR4174 removes barriers to state-level data access and creates a National Secure Data Service (NSDS) with a Chief Evaluation Officer in each federal department; the NSDS will be coordinated through the Office of Management and Budget (OMB). Data officers in each agency oversee the dissemination and generation of data between state agencies and private users, contractors, researchers while finding new and innovative ways to use technology to improve data collection and use.

Does that sound like a national  system to manage and disclose data?  …Keep reading.

  • § 3520A. Chief Data Officer Council

“(a) Establishment.—There is established in the Office of Management and Budget a Chief Data Officer Council (in this section referred to as the ‘Council’).

“(b) Purpose and functions.—The Council shall—

“(1) establish Governmentwide best practices for the use, protection, dissemination, and generation of data;

“(2) promote and encourage data sharing agreements between agencies;

“(3) identify ways in which agencies can improve upon the production of evidence for use in policymaking;

“(4) consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government; and

“(5) identify and evaluate new technology solutions for improving the collection and use of data.

FACT: HR4174 requires each agency (see list of 17 different agencies, A-Q below, who will maintain and disclose data) and will make any data asset maintained by the agency available to any statistical agency. The head of each agency shall …make a list of data the agency intends to collect, use, or acquire. This data may be in an identifiable form and may include operating and financial data and information about businesses, tax-exempt organizations, and government entities. 

  • HR4174 PART D—ACCESS TO DATA FOR EVIDENCE

    § 3581. Presumption of accessibility for statistical agencies and units

    “(a) Accessibility of data assets.—The head of an agency shall, to the extent practicable, make any data asset maintained by the agency available, upon request, to any statistical agency or unit for purposes of developing evidence.

  • § 312. Agency evidence-building plan

    “(a) Requirement.—Not later than the first Monday in February of each year, the head of each agency shall submit to the Director and Congress a systematic plan for identifying and addressing policy questions relevant to the programs, policies, and regulations of the agency. Such plan shall be made available on the public website of the agency and shall cover at least a 4-year period beginning with the first fiscal year following the fiscal year in which the plan is submitted and published and contain the following:

    “(1) A list of policy-relevant questions for which the agency intends to develop evidence to support policymaking.

    “(2) A list of data the agency intends to collect, use, or acquire to facilitate the use of evidence in policymaking.

    “(3) A list of methods and analytical approaches that may be used to develop evidence to support policymaking.

    “(4) A list of any challenges to developing evidence to support policymaking, including any statutory or other restrictions to accessing relevant data.

Agencies involved in the HR4174 Federal evidence-building activities.

HR4174 “SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING ACTIVITIES

§ 311. Definitions

“(1) AGENCY.—The term ‘agency’ means an agency referred to under section 901(b) of title 31.

901(b) of title 31 :
(b)
(1) The agencies referred to in subsection (a)(1) are the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Housing and Urban Development.
(I) The Department of the Interior.
(J) The Department of Justice.
(K) The Department of Labor.
(L) The Department of State.
(M) The Department of Transportation.
(N) The Department of the Treasury.
(O) The Department of Veterans Affairs.
(P) The Environmental Protection Agency.
(Q) The National Aeronautics and Space Administration.

https://www.law.cornell.edu/uscode/text/31/901

FACT: Data is shared between designated statistical agencies and can be personally identifiable data. Agencies and the Director can promulgate their own rules about data disclosure and sharing. The overseers of disseminating and generating can make their own rules.

  • “(c) Sharing of business data among Designated Statistical Agencies.—

    “(1) IN GENERAL.—A Designated Statistical Agency may provide business data in an identifiable form to another Designated Statistical Agency under the terms of a written agreement among the agencies sharing the business data that specifies—

    “(A) the business data to be shared;

    “(B) the statistical purposes for which the business data are to be used;

    “(C) the officers, employees, and agents authorized to examine the business data to be shared; and

    “(D) appropriate security procedures to safeguard the confidentiality of the business data.

 

  • “(e) Designated Statistical Agency defined.—In this section, the term ‘Designated Statistical Agency’ means each of the following:

    (1) The Census Bureau of the Department of Commerce.

    (2) The Bureau of Economic Analysis of the Department of Commerce.

    (3) The Bureau of Labor Statistics of the Department of Labor.”.

  • “(3) BUSINESS DATA.—The term ‘business data’ means operating and financial data and information about businesses, tax-exempt organizations, and government entities.  [Note: Schools are tax-exempt and government entities.]

 

  • “§ 3562. Coordination and oversight of policies“(a) In general.—The Director shall coordinate and oversee the confidentiality and disclosure policies established by this subchapter. The Director may promulgate rules or provide other guidance to ensure consistent interpretation of this subchapter by the affected agencies. The Director shall develop a process by which the Director designates agencies or organizational units as statistical agencies and units. The Director shall promulgate guidance to implement such process, which shall include specific criteria for such designation and methods by which the Director will ensure transparency in the process.
  • “(b) Agency rules.—Subject to subsection
  • (c), agencies may promulgate rules to implement this subchapter. Rules governing disclosures of information that are authorized by this subchapter shall be promulgated by the agency that originally collected the information.

FACT: Data is linked between agencies.

  • § 316. Advisory Committee on Data for Evidence Building  During the first year of the Advisory Committee, the Advisory Committee shall—

    “(B) evaluate and provide recommendations to the Director on the establishment of a shared service to facilitate data sharing, enable data linkage, and develop privacy enhancing techniques,

FACT: Data may be shared with private organizations, researchers, consultants, contractors, employees of contractors, government entities, individuals who agree in writing to comply with provisions.

  • “(e) Designation of agents.—A statistical agency or unit may designate agents, by contract or by entering into a special agreement containing the provisions required under section 3561(2) for treatment as an agent under that section, who may perform exclusively statistical activities, subject to the limitations and penalties described in this subchapter.

 

  • “(2) AGENT.—The term ‘agent’ means an individual

    “(A)(i) who is an employee of a private organization or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under section 23(c) of title 13), and with whom a contract or other agreement is executed, on a temporary basis, by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency;

    “(ii) who is working under the authority of a government entity with which a contract or other agreement is executed by an executive agency to perform exclusively statistical activities under the control of an officer or employee of that agency;

    “(iii) who is a self-employed researcher, a consultant, a contractor, or an employee of a contractor, and with whom a contract or other agreement is executed by an executive agency to perform a statistical activity under the control of an officer or employee of that agency; or

    “(iv) who is a contractor or an employee of a contractor, and who is engaged by the agency to design or maintain the systems for handling or storage of data received under this subchapter; and

    “(B) who agrees in writing to comply with all provisions of law that affect information acquired by that agency.

  • SEC. 202. OPEN Government Data.(a) Definitions.—
  • Section 3502 of title 44, United States Code, is amended—
  • “(15) the term ‘data’ means recorded information, regardless of form or the media on which the data is recorded;
  • “(16) the term ‘data asset’ means a collection of data elements or data sets that may be grouped together;
  • “(17) the term ‘machine-readable’, when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;
  • “(18) the term ‘metadata’ means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;

FACT: You are correct that HR4174 does repeal E–Government Act of 2002 (Public Law 107–34744 U.S.C. 3501 and re-insert it in title 44. However, the CIPSEA penalty of $250,000 fine or 5 years prison is not new; it has been in place since 2002. Student data has been collected and shared without consent since 2012-CIPSEA was not applicable or not enforced. Ironically, HR4174 weakens CIPSEA.

CIPSEA is amended to expand access to data. Additionally, once again, the Director can promulgate regulation on what data to share.

  • 3582. Expanding secure access to CIPSEA data assets

“(a) Statistical agency responsibilities.—To the extent practicable, each statistical agency or unit shall expand access to data assets of such agency or unit acquired or accessed under this subchapter to develop evidence while protecting such assets from inappropriate access and use, in accordance with the regulations promulgated under subsection (b).

“(b) Regulations for accessibility of nonpublic data assets.—The Director shall promulgate regulations, in accordance with applicable law, for statistical agencies and units to carry out the requirement under subsection (a). Such regulations shall include the following:

“(1) Standards for each statistical agency or unit to assess each data asset owned or accessed by the statistical agency or unit for purposes of categorizing the sensitivity level of each such asset and identifying the corresponding level of accessibility to each such asset. Such standards shall include—

“(A) common sensitivity levels and corresponding levels of accessibility that may be assigned to a data asset, including a requisite minimum and maximum number of sensitivity levels for each statistical agency or unit to use;

“(B) criteria for determining the sensitivity level and corresponding level of accessibility of each data asset; and

“(C) criteria for determining whether a less sensitive and more accessible version of a data asset can be produced.

“(2) Standards for each statistical agency or unit to improve access to a data asset pursuant to paragraph (1) or (3) by removing or obscuring information in such a manner that the identity of the data subject is less likely to be reasonably inferred by either direct or indirect means.

“(3) A requirement for each statistical agency or unit to conduct a comprehensive risk assessment of any data asset acquired or accessed under this subchapter prior to any public release of such asset, including standards for such comprehensive risk assessment and criteria for making a determination of whether to release the data.

Continually saying that you aren’t collecting new data is meaningless – because the data was illegally obtained in the first place. HR4174 allows personal data to be shared without consent and importantly, allows generated data, meta data analysis of citizens without consent.  Personal data belongs to the individual. Data collection without consent is theft. It’s time the US updated our privacy laws  – not to further weaken them. Instead, it’s time for Congress to be a leader: minimize the data collected, protect privacy and security,  and look to Europe’s General Data Protection Rule, the strictest privacy law in the world.

-Cheri Kiesecker

Congress Suspending the Rules to Rush through Bill for National Citizen Data System: HR4174.

Reposted with permission from  Missouri Education Watchdog.

No on National Data Base

Speaker Paul Ryan (R-WI) and Senator Patty Murray (D-WA) have companion FEPA bills (HR4174 and S2046: Foundations for Evidence-Based Policymaking Act) that will create a national student data warehouse. Parents will not be able to opt their child out of this national database that will expand access to researchers, private companies, nonprofits and government agencies.

CALL YOUR HOUSE of REPRESENTATIVES MONDAY, see directory here.

Congress is rushing through bill HR4174 THIS WEEK.  Yes, there are lots of bills in play but #THIS is the one to watch.

The US House is scheduled to vote this week on a bill to make a massive federal data system -merging information from all federal agencies, all citizens- much like China.  See here and here.  This bill is the result of the CEP commission which would include data on school children, creating a “pinterest of student data” and an NSA-like national database of student information.  We  wrote about the  CEP commission, with posted transcripts and video here.  Tell Congress NO on this bill to create a national data system.

The House Oversight Committee **already passed** this bill on a *voice vote* and HR4174 is going to be voted under *Suspended Rules* this week.
Let Reps Trey Gowdy (bill co-sponsor), Jim Jordan, Jody Hice, Justin Amash, Thomas Massie, William Hurd, Ron DeSantis, and members of the House Oversight Comm. know that you don’t want this bill, don’t like that they passed it on voice vote. Tell them to vote NO when HR4174 is in the House.  (scheduled this week) and request that a ROLL CALL VOTE be held on House Floor.   We want to know who votes for this bill.

https://oversight.house.gov/subcommittee/full-committee/

suspend rules

HR4174 Foundations for Evidence-Based Policymaking Act (FEPA) would create a national data system; it has BI-PARTISAN support but it changes and repeals existing law.

HR4174 repeals E-Govt act of 2002  44 USC 3501,  which contains the Computer Security Act of 1987.  Then amends Confidential Information Protection and Statistical Efficiency Act of 2002– whose purpose was to limit federals agencies that collect data for statistical purposes from using the data for any other purpose.

This massive federal overhaul certainly sounds like the massive Department of Talent that the Lumina Foundation has been proposing.

Let Paul Ryan (House Speaker and bill sponsor) know that this bill HR4174 SHOULD NOT BE RUSHED THROUGH, WITH RULES SUSPENDED. *We oppose this very controversial bill, want it re-calendared, with rules and roll call vote.* We oppose a national database, especially for studentsThis national data system threatens individuals’ privacy

Speaker Paul Ryan (R-WI) and Senator Patty Murray (D-WA) have companion FEPA bills (HR4174 and S2046: Foundations for Evidence-Based Policymaking Act) that will create a national student data warehouse. Parents will not be able to opt their child out of this national database that will expand access to researchers, private companies, nonprofits and government agencies.

  • Tell Speaker Ryan and Senator Murray and members of Congress NO National Student Database. NO to HR4174 and S2046: Foundations for Evidence-Based Policymaking Act.  Parents should have consent before their child’s personal information is shared. This open access to information should exclude personal student information. 202-225-3031 @SpeakerRyan ; (202) 224-2621  @PattyMurray

Instead, Congress should restore FERPA to its pre-2011 status and restore parental consent before sharing students’ personal data. Researchers would still have open access to aggregate data; if they need personal information, they would have to get parent consent and approval. Ask your legislator: Whose data is it-the student’s, the corporations’, or the government’s? Data should belong to the student who generated it.

Parents should have consent before data is shared. School databases are already being hacked by cyber terrorists.  The safest way to protect data is to not collect it in the first place. Imagine the cost and security risks of a national database.

Tell Congress NO on HR4174, the bill to create a national data system; tell Congress no more data.

-Cheri Kiesecker

USDoE’s Digital Promise and Facebook Team Up for Student Data Badges while the Gates Funded Data Quality Campaign is Lobbying Congress to Weaken FERPA, Again.

Original Title: USDoE’s Digital Promise and Facebook team up for student databadges. And Gates funded DQC group is lobbying Congress to weaken FERPA, again. Reposted with permission from  Missouri Education Watchdog.

Facebook Getting Smart

Now, onto the mega announcement made today on Tom Vander Arks’  Getting Smart blog, that Digital Promise is working with Facebook to develop student data badges.  We have written about student micro credentials (also called data badges) here and here and NEPC wrote about them here.  As for Digital Promise, we wrote about how Digital Promise is a nonprofit created by the US Department of Ed, they have a global arm and they promote Schools of Innovation, competency based ed, data badges, Relay Grad School to name a few.   So, this new announcement shouldn’t be a surprise; it will no doubt be a wonderful data collection and marketing tool for Facebook and the US Department of Ed, but it is incredibly alarming for students’ privacy and security.

Trick or treat Two-fer today.

The Data Quality Campaign, funded by Bill Gates is lobbying Congress to further weaken FERPA.  You can and SHOULD read all about that here.  We urge you to call or email your Congressman and Reps Todd Rokita (IN), Paul Mitchell (MI) to tell them NO.  Stop sharing students’ personal data with researchers and marketers, corporations and “nonprofits”  without parental consent. We need to fix FERPA, strengthen student data protection and privacy, not further weaken it.  Please do take the time to read this and send an email.   Thanks.

Now, onto the mega announcement made today on Tom Vander Arks’  Getting Smart blog, that Digital Promise is working with Facebook to develop student data badges.  We have written about student micro credentials (also called data badges) here and here and NEPC wrote about them here.  As for Digital Promise, we wrote about how Digital Promise is a nonprofit created by the US Department of Ed, they have a global arm and they promote Schools of Innovation, competency based ed, data badges, Relay Grad School to name a few.  So, this new announcement shouldn’t be a surprise; it will no doubt be a wonderful data collection and marketing tool for Facebook and the US Department of Ed, but it is incredibly alarming for students’ privacy and security.

We have reposted the getting smart announcement below.

October 30, 2017  By  getting smart staff

Digital skills are skyrocketing in demand, and that is a trend that will only continue to increase in impact. More than 8 in 10 middle-skill jobs (82%) require digital skills, and tech companies everywhere often have trouble finding candidates with the right know-how.

One recently announced effort to address this challenge that has us excited is Digital Promise’s partnership with Facebook, in which the two groups have collaborated to create a set of micro-credentials (a form of digital badges) focused on helping adults in the workforce learn these “middle” skills in the area of digital marketing.

We think that this new set of micro-credentials, the pursuit of which will include successive series of in-person workshops organized and implemented by local partners (Digital Promise will train organizations across the state of Michigan to deliver the workshops to their local communities starting in November), is a great way to address the challenge of reaching those who need this type of adult education the most.

Facebook has pledged to train 3,000 Michiganders in digital skills focused on social media over the next two years through these workshops. In the workshop, students will learn some of the basics of social media marketing, and have the opportunity to earn four micro-credentials that demonstrate the skills they have learned:

  • Social Media Marketing Basics
  • Marketing with Facebook Pages
  • Marketing with Facebook Ads
  • Marketing with Instagram

Over four weeks, students will develop a Facebook page and Instagram account for a local community organization or business of their choice; use that page to create awareness, drive traffic, and/or attract customers; and create advertising campaigns in support of that page. We think this approach is exactly the kind of authentic, real-world PBL that will encourage adults to seek these new skills.

In our recent analysis of adult entrepreneurship education (a big upcoming trend), we found that a lack of respected micro-credentials was one of the biggest missing components of entrepreneurship education. The program being developed by Digital Promise and Facebook appears set to provide a model for those looking to address this challenge. Our team is looking forward from hearing more from Digital Promise when we attend EdSurge Fusion later this week.

For more, see:

-Cheri Kiesecker

Bill Gates’ Data Quality Campaign is Coming for Your Child’s Privacy – Again.

Original Title: Big Money Coming for Your Child’s Privacy – Again. Reposted with permission from Save Maine Schools – Helping You Navigate Next-Gen Ed Reform.

data oil

In my fourth grade classroom, when there is something very important that I want all of my students hear and to understand the first time (a task that is more difficult than you can imagine), I tell my kids to “wake their brains up.”

And then I do this (sort of) to demonstrate:

tenor.gif

Today, I am asking parents to do the same.

And this is because your child’s privacy is under attack, and you, moms and dads, are literally the only thing standing in the way of the complete and utter hijacking of all personal information related to your loved ones.

Before you glaze over, realize that the implications of this data-grab may be greater than you think.

This week, a group of corporate-funded researchers joined Bill Gates’s “Data Quality Campaign” to lobby legislators to weaken the Family Education Rights and Privacy Act (FERPA) yet again.

In an era when entire school districts are being shut down due to data breaches and ransom notes from anonymous hackers, profiteers are seeking to put your child’s personal information into the hands of still more people.

Screen Shot 2017-10-30 at 2.30.41 PM

But here’s the thing: it’s not only creepy anonymous hackers that we need to protect ourselves from.

Data was recently called the “new oil” by the CEO of Mastercard, but few people seem to understand how – beyond vague notions of algorithms and advertising revenue – they intend to turn our personal information into a multi-trillion dollar market.

The intent is to put social services – schools, public health, prisons, foster care, you name it – into the hands of private investors via “social capital markets.”

Using social impact bonds, pay-for-success contracts, and other so-called “innovative” financial tools, investors – in collaboration with a wide network of corporate-sponsored “nonprofits” – intend to hand out loans for public services in exchange for repayment (with interest) when we meet theirpredetermined outcomes.

It’s the technocratic nightmare behind ever-increasing calls for “evidence-based” (read: data-based) policy:

Screen Shot 2017-10-30 at 2.33.05 PM

that leads not only to endless demands for data-collection, but to service-shortcuts like ipads in place of teachers and for-profit foster care programs that claim excellent “outcomes” while children are dying in their care.

(Please read here for more.)

And so when they – the data-miners themselves – suggest that perhaps we put our children’s data into something more “secure” like blockchain, realize that they are simply trying to secure the very data they themselves need to build their fortunes.

Unfortunately, this means that demands for greater “privacy” protections are not going to be enough.

What we need to do is stop the oil rigs from being built on our children’s backs in the first place.

data oil

 

#TOTALREFUSAL2017   #DATAREFUSAL2017

Save Maine Schools

An Interview with Alison McDowell: KEXP’s Mind Over Matters Community Forum

headphones

On August 5th Alison McDowell was a guest on KEXP’s news program Mind Over Matters. You can listen to the interview by clicking on the link below ( be patient – it takes a little bit of time for the file to load). A transcript of the interview follows.

Alison McDowell Interview

My concern as a parent is within these adaptive learning systems, I don’t want an online system that has to learn my child to work. I don’t want a system that has to know everything my child did for the last six months, to operate properly. Because I think that becomes problematic. How do you ever have a do over? Like, is it just always building and reinforcing certain patterns of behavior and how you react…it’s, they, I think they present it as flexible and personalized, but in many ways I think it’s limiting.

Mind Over Matters – KEXP

Community Forum

Interview with Alison McDowell

Mike McCormick:  It’s time once again for Community Forum, and we’re very lucky to have with us live in the studios this morning, Alison McDowell. Alison McDowell is a parent and researcher, into the dangers of corporate education reform. She was presenter this last March this year here in Seattle. The talk entitled Future Ready schools: How Silicon Valley and the Defense Department Plan to Remake Public Education. Alison, thank you very much for coming in and spending time with us this morning.

Alison: Oh, I’m very glad to be here. Thank you so much for having me.

Mike:  So, tell us, how did you get interested and involved with the issue of corporate education reform?

Alison: Well, I’m a I’m a parent. I have a daughter who is sixteen in the public schools of Philadelphia. And we’re sort of a crucible for many different aspects of education reform. We’ve had multiple superintendents from the Broad Academy. We’ve been defunded. Our schools have been, numerous of our schools have been closed, teachers laid off and about three years ago I became involved in the Opt Out movement for high stakes testing. Because at that point I felt that if we were able to withhold the data from that system we would try to be able to slow things down. Because they were using that testing data to close our schools. So I worked on that for a number of years until I saw that the landscape was starting to change. And a lot of it was leading up to the passage of the Every Student Succeeds Act. That that passage. And it seemed at that time that our school district, which is challenging in many respects, was all of a sudden actually interested in Opt Out, and making that, sharing information and materials… Pennsylvania has a legal Opt Out right on religious grounds…and making materials available in various languages. And something just didn’t compute in my head. I’m like, well, even if, if we’re entitled, the fact that they were interested in engaging with us on that, made me sort of question why that was. And then so post ESSA, it became clear that the shift that was going to be taking place was away from a high stakes end of year test and more towards embedded formative assessments. So in our district we’ve seen an influx, even though there isn’t funding for many other things, lots of technology coming in, lots of Chromebooks. Every, all of the students have Google accounts. Google runs our school district. Even though they say philsd.org, their Google accounts, and each student, their email address is actually their student id number. So to access a Chromebook as soon as you login, you know all of that information is tied back into their id number. So the technology was coming in. Many schools were doing multiple benchmark assessments. So there was less and less time for actual meaningful instruction throughout the school year and there were more and more tests taking place, many computerized. So, at that point, we were looking into like, what did this mean, what is the role of technology and the interim testing, in this movement And so, I had come across my…I have a blog. It’s called Wrench in the Gears. It’s a wordpress blog. So you, I have a lot of information there, and it’s all very well documented and linked. My colleague Emily Talmage, who’s a teacher in Maine, who has seen this first-hand. She has a blog: Save Maine Schools. And so I had found her blog and at one point she said, you know…you know, only click on this link, you know, if you’re willing to go down the rabbit hole. And at that point it was, it was a website called Global Education Futures Forum, and they have this agenda for education up to 2035. And it is their projection. And it’s a global…global membership led by Pavel Luksha, who’s connected with the Skolkovo Institute, in Russia. But the local person here, actually he’s very local, is Tom Vander Ark, is one of the US representatives. And so he was former Gates Foundation. And has his own consulting firm now. And it’s based out of Seattle. And, but anyway, so they have sort of what they call a foresight document, a sort of projecting based on trends and patterns, where they see things going for education, like over the next 20 years. And so really, they have a very sophisticated map. And all you have to do is sort of look at their map. And then match it up to current events. And you can see, like, where they’re pretty much on target where things are headed. And there, they have some really interesting infographics and, one of them, it’s a very decentralized system. So education is just like the individual at the center. So everything you’re hearing, personalized learning, and and individual education plans, like it’s one big person and you’re the center of your own universe. And sort of around you, there aren’t teachers or schools. It’s it’s many sort of digital interfaces, and devices, and data-gathering platforms. And this idea that education is a life-long process. Which I think all of us generally agree with, but the idea that you’re sort of chasing skills in this new global economy, and like constantly remaking yourself. Or like the gig economy and what that means. And managing your online reputation. Not just your skillsets. But your mindset. And your social outlook. And your behaviors. And the role of gamification. So there are many many elements to this, that if you look into it, I think raise a lot of questions. And increasingly, really over the past five years there’s been a lot of discussion about remaking education. Re-imagining education. You know, education for the 21st century. Future Ready Schools. And I think for the most part, parents and community members have been left out of this conversation, of what really does Future Ready Schools mean? And the folks who are running the conversation, are running the agenda, are largely coming from a tech background. And this is something that’s built up since the mid-nineties, when the Advanced Distributed Learning Program was set up within the Defense Department, and the Department of Education.  To have like you know, Tech Learning for all Americans. Which, you know, again  I think we all need to be tech knowledgable, I, the question is, how is the tech used and how in control of of your education are you, and your educational data. So anyway, a lot of this is being driven by interests of digitizing education. And really, through austerity mechanisms, pulling out more human interaction, out of the equation. So we’re, we’re seeing things that a number of years ago, Detroit, had a kindergarten, where they would have a hundred kindergarteners, with like one teacher and a couple of aides, and a lot of technology. So there’re lots of questions increasingly about the use of technology especially in early grades, and I know in, in Washington State there’ve been a big push for tablets down to the kindergarten level. Our children are being part of this sort of larger experiment that has health considerations that have not been closely examined. In terms of eyestrain, audio components, even hygiene with earphones. The wifi aspects. And then also the data collection. So, there’s this grand experiment going on for Future Ready Schools, and parents and community members aren’t really aware of the fact that it is an unproven experiment, and what the implications are long-term.

Mike: And it’s being driven heavily by corporations that are producing these platforms, this software, the electronics, kind of behind the scenes, because no one knows this is going on except a select group of administrators and teachers?

Alison: Yeah, well so they have, there are a number of like pilot districts. So the idea is sort of, you get a beachhead, and then you, you roll it out. You convince, I mean they have very sophisticated marketing manuals. Like Education Elements, they say, this is how you do it. You know first you, you have a social media campaign, you get the young teachers who are really into tech and you train them up in the way that you wanna do things, and then they mentor all the veteran teachers and you get the principal on board and then you have the parent meetings and it’s…again…with…if you understood it as, like selling a corporate product as opposed to public education, it might not be so disturbing. Like for me, I find having this sort of corporate approach to marketing, a new approach to public education. That’s, that’s what, what I find disturbing. I’ve called this Education 2.0, because I think we’re, we’re about to see a shift from the earlier version of privatization, which was the high stakes, end of year high stakes testing, vouchers, charter schools. Those things will all still continue, but they’ve, they were never the end game.  So they have been used as a way to de-stabilize the, the landscape of neighborhood schools. And in many cases they’ve been used to, you know, acquire real estate, further sort of gentrification, insider contracts, like there are many aspects that allow that to become a profit center. But there’s going to be a point of diminishing return. Where sort of like all the easy pickings have been taken. And if you’re pursuing sort of a tailoristic model , like the ultimate efficiency, lean production, Cyber-Education is the end game. So creating a system of education that really has very little in human resources.  There’s lots of folks within Pearson and IBM and Microsoft who are looking at AI, like everyone will have your own artificial intelligent, like learning sherpa for your life. You know, and this isn’t just K12, this is forever.  You know, someone on your shoulder telling you what you should be doing next. But removing the humans out of the equation and putting more technology in place. So I think that’s what this shift to Education 2.0 is going to be about, is largely cyber but I think most parents at this point are not comfortable with that model. They wouldn’t say, you know, and I will admit, like there, there’s a small group of kids who are highly motivated for whom a cyber, exclusively cyber model may work. I mean a lot of the research shows that for most kids the outcomes are not great. So what they will be selling is project based learning. And that’s what you’ll hear a lot about, coming up, like in the next couple of years. But those projects won’t necessarily be linked to schools. So you’ll hear more and more about, anytime, anyplace, anywhere, any pace learning. So they’re looking to de- disconnect education from physical school buildings, and actual teachers in classrooms, to sort of what’s called a learning eco-system model. So something that’s more free-flowing, you’re just out in the world collecting skills. And that’s what was so interesting about, like the Common Core State Standards set-up. And I know a lot of states have sort of rolled back or renamed them. But the idea of having education tied to very specific standards, was a way of atomizing education and making it available for digitization. So if, if education is a human process of growth and development, that’s very murky to try to put in a metric, right? You need bits and bytes. And so if you create an education that’s strictly around standards and like sub standards and little sets, you can just aggregate those, and collect them or not collect them, and run that as data in a digital platform. So that push toward standards, yes it allowed for school report cards and value added modeling and things that hurt schools and teachers, but it also normalized the idea that education was less a human process and more people collecting things. Like collecting skills and standards, which is what you need for like a competency based education approach.

Mike: So, talk about some of the specific examples…one of the advantages to going into your site is you have links to so many different documents from the very corporations and people that are producing these systems. And one of the examples you’ve talked about in your talk back here in March was something called Tutormate? That was involved, kids getting pulled out of class, to go see, basically AI icons talking to them and they become attached to them…

Alison: Yeah…

Mike: …it’s disturbing.

Alison: Well there were a couple of, there’s a couple of interesting things. I had sort of a slide saying who’s teaching your children? Because increasingly it’s not necessarily their classroom teacher. The chatbot was actually Reasoning Mind, which is a math program. It was developed in Texas. And so it’s been like long-running and gotten a lot of funding, both from public and private sources. About refining sort of a personalized learning towards math. But kids were interacting with these online chat bots and developing connections and relationships to these online presences in their math program. I’m in Pennsylvania. So a lot of, a lot of things are developing in Pittsburgh. They have a whole initiative called Remake Learning in Pittsburgh which I believe is sort of early-stage learning ecosystem model and a lot of that is coming out of Carnegie Mellon because Carnegie Mellon is doing a lot of work on AI and education. And they have something called Alex. So they like the idea of peer-based learning. That sounds attractive like, yeah, kids like to learn from their peers. This, their version of peer-based learning is that you have a giant avatar cartoon peer on a screen and the children interact with this peer on a screen. So that’s something that’s being piloted in southwestern Pennsylvania right now. And then Tutormate is actually a different variation but they were pulling kids out of class, away…these were young children, from their classroom setting to put them in a computer lab to do tutoring with a corporate volunteer via skype, and an online platform. So in this case it actually was a human being, but this was during school hours. This was not a supplement to classroom instruction, this was in lieu of having direct instruction with a certified teacher. They were being put into an online platform with a corporate volunteer and you know, it turns out a number of the sponsors of that program had ties to defense contracting industries. You know, Halliburton, and Booz Allen Hamilton. You know, things that you might wanna question, is that who you want your second grader spending their time chatting with? You know, in lieu of having their second grade teacher teach them reading. So again, there is this shift away from, from teachers. There’s, there’s a model that’s going on right now, within many one-to-one device districts, so districts where every child has their own device. Young kids often have tablets, older kids have Chromebooks, in high-end districts you might have an actual laptop, with some hard-drive on it. The Clayton Christensen Institute, or Innosight Institute, they’ve been pushing blended learning. So blended learning is this new model. Where, there are a number of different ways you can…flipped classrooms, which many people have heard of…but there’s one called a rotational model. So children only have direct access to a teacher a third of the time. Like the class would be split into three groups. And you would be with a teacher for a third of the time, doing peer work a third of the time, and doing online work a third of the time. So again, it’s a way of increasing class size supposedly, like supposedly the quality time you have when you’re with the teacher with the ten kids instead of thirty is supposed to be so great even though maybe you only get fifteen minutes. What’s happening in other districts is they’re saying the time where kids are not with their teachers, and they’re just doing online work, they don’t really need a teacher present, they could just have an aide. So that’s again, in terms of pushing out professional teachers, is that, well if kids are doing online learning, maybe you just need an Americorp volunteer, in the room, to make sure that no one’s  hurting them…each other. You know, and that they’re on, supposedly on task. You know I think that’s a worrisome trend. And even though they’ll sell blended learning as very tech forward and future ready, the kids don’t love spending time on these devices, like hour after hour after hour. And my concern as a parent is…we’re all starting to realize what the implications are for big data. And how we interact with online platforms, either in social media, or other adaptive situations. And how, that these devices are actually gathering data, on ourselves.. .so, they they gather information through keystroke patterns, they all have cameras, they all, you know, the tablets have TouchSense, so theoretically there’s body temperature and pulse sensors. Like there’s many many elements, are they all being used now? No, but there is that capacity for using them to develop that level of engagement. To understand how you’re interacting with these programs. And that’s being developed through, with the Army Research Lab and USC, their Institute for Creative Technologies. And they are developing, a lot of this is being developed in conjunction with the Defense Department, for their interactive intelligent tutoring systems and with the Navy actually, which is relevant to Seattle. A lot of these early prototyped intelligent tutoring systems have been developed specifically with the Navy in mind. Training very specifically on computer programs, and optimizing that. But once they develop the infrastructure, then they’re able to apply that in non-military settings. And so it’s, it’s making its way out. So there’s a lot of data that can be collected and the other, the other push that you’ll start to see is gamification. So games, like gaming in schools. And kids love games, like parents love games. It sounds so fun. But I think what we have to realize is there’s a lot of behavioral data that’s coming out of the gaming too. That we’re not necessarily aware of.  And so this push for gamification, or sometime…like gamified classroom management systems. So Google has something called Classcraft. And all the kids have avatars. And like if they’re behaving in class, they can, you know they earn points, or have points deducted, and you’re on teams, and you can save your team member or not. And with ESSA, having passed, you know, they’ll tell the story that like we care about more than just test scores, we really wanna care about the whole child, we wanna, you know we we care about children as individuals. Really they wanna collect all of this data, not just on your academic skills, but on your behaviors, and your mindset. And are you gritty, and are you a leader, or are you, you know, flexible, are you resilient. And these, these gamified platforms, whether they’re run by the teacher, or gaming that’s done with the students in these simulations, and also AR/VR, augmented reality/virtual reality games that you’re starting to see. There’s just a lot of information going through, and you have to wonder, how is it being used, what are the privacy implications, and also what are the feedback loops being created? In terms of how you interact with a platform. Is it reinforcing aspects of your personality that you may or may not want reinforced. My concern as a parent is within these adaptive learning systems, I don’t want an online system that has to learn my child to work. I don’t want a system that has to know everything my child did for the last six months, to operate properly. Because I think that becomes problematic. How do you ever have a do over? Like, is it just always building and reinforcing certain patterns of behavior and how you react…it’s, they, I think they present it as flexible and personalized, but in many ways I think it’s limiting.

Mike: In some of the documentation you present, they have systems that wanna pay attention to whether a person that is working with the program is getting bored, or falling asleep, or whatever, so they were like watching like you know, the eye, literally to see if it’s like where it’s wandering off to…you said they potentially could be checking your, your temperature, your heart rate…

Alison: I mean, you know, are they doing it right now? I don’t know that they, but the capacity is there. And…

Mike: And all that data is being saved somewhere. And shared. In some capacity. We don’t know.

Alison: W…and I think it’s very unclear. And I think they’re, they’re many parents who are very concerned about privacy and working that angle of controlling what data goes in…I mean I think all of us are aware that once something is up in the cloud, even if there are promises made about privacy and protections, that nothing is really safe up there. In terms of from hacking, or even just legal. Like FERPA is very, the education records, sort of, privacy has a lot of loopholes. You know anyone who, many of these organizations, companies are third parties are designated agents of school districts. So they have access to this information. And I will also mention Naviance, because the other shift that we’re seeing happening is the shift towards creating an education system that is geared towards workforce development. That, that, that children at younger and younger ages should, should be identifying their passions, and finding their personal pathways to the workforce and the economy. And so Naviance is one of a number of companies that does strengths assessments and surveys. And many states you can’t get your diploma unless your child does a complete battery of assessments, personality assessment through Naviance, which is this third-party program. Also linking towards like their future college plans, and other things linked in, and very detailed information about people’s family situations. So again, the, the amount of data that’s being collected on many many different levels to supposedly like guide students moving forward into the economy, I think it merits a larger conversation. And I’m not saying that everyone needs to agree with my position, but I think that the, the agenda that’s being moved forward is being done in a way that for the most part, parents and community members, there’s not been a consensus reached, with us. That this is okay. That this new version of school is, is what we desire.

Mike: And being a parent in the Philadelphia School District, when these new systems are, have been implemented, you know, and the potential use of all, gathering of all your child’s data, I mean, have you been consulted on that prior? Did, every time they bring in a new system did they let you know, oh, we have another piece of software here that potentially could be, you know, data-mining your kid, are you okay with that?

Alison: So I think on the, on the plus side, because we have been so severely defunded, we haven’t seen quite as much of an influx of tech yet. Although I, I anticipate it’s coming. We’ve just had a big roll-out of Minecraft I think in schools. That’s their new thing that they’re, they’re all…there are a number of schools, like within turnaround sort of, that, that are being piloted for these one-to-one devices. I will say that there was an opt-out form for Google Apps for Education. Which is, and I so I opted, I opted my child out of Google Apps for Education. I may have been the only parent in the Philadelphia School District who did that, and it, it makes it complicated because again, there, it’s convenient, you know, it’s a nice, you know, way for teachers not to have to carry around lots of papers, and they have kids put it all on their Google drive. But I, I think we’re all starting to be a little wary about the amount of information and power that Google has, you know, in the world and what the implications are for that. So I think if, if people have concerns around some of these privacy aspects, you know, that’s, that’s a potential starting, starting place, is to opt out of Google Apps for Education, and see where that goes. Or even have targeted like device and data strikes, during the school year. So we don’t get a notice every time there’s a new program. I guess long story short.

Mike: Just a few minutes left. And again, some of the companies, in addition to Defense Department having early hooks into education reform, and online learning, some of the companies involved, and heavily investing in this, as an example, like Halliburton and Booz Allen, which to me, let’s say Booz Allen which is also heavily tied into doing, they have access to data bases that the NSA does and, Edward Snowden worked for Booz Allen.

Alison: I would say like right now, like the Chan Zuckerberg Initiative, LLC, is huge and they’re pushing Summit Basecamp. I know we just have a few min…minutes in closing so I also wanna mention, in addition to tech, we also have global finance interests involved, because in ESSA there are provisions for Pay for Success. Which is where they’re looking to use private venture capital to affect educational outcomes. Either right now it’s in universal pre-k, also early literacy. So we need to be aware of the role that Pay for Success is going to play in this, and that’s essentially like “moneyball” for government. Where they’re looking to save money. I mean there’s a conference that they, they’ve put this together. Evidence based policy. That’s what they call it. That’s sort of the code word. Is that if you can come up with a computerized program that will give you specific success metrics, venture capital can make money on that. So a lot of global finance interests, and impact investing interests are looking, I believe at education as a market, a futures market in student education data. So I have more information on that on my blog. But social impact bonds and Pay for Success are a critical piece to understanding why education is being digitized. Also Hewlett Packard, Microsoft, IBM, the tech interests, Summit Basecamp, AltSchool, Micro Schools are another big component of this. These value-model private schools, if vouchers go through, that, we’re gonna be seeing a lot more of that. The tech is also focusing on Montessori school models, and, and very high-end. So you have Rocketship Academy, which are sort of stripped down versions for low-income districts and, but they’re also marketing tech to affluent families and aspirational families as being sort of future-ready. So it’s really a, there’s many different branded versions of education technology.

Mike: So long story short, you have a kid in, going through school, or, you know, anyone you care about then, this would be something to look into.

Alison: Yes. Understand how much time they’re spending on devices. Advocate that school budgets prioritize human teachers, and reasonable class sizes, and not data-mining, not adaptive management systems. And and have this conversation in your community. Is education about creating opportunities for students to learn and grow together as a community, or is it these isolating personalized pathways, where people are competing against one another. And and I think that’s a larger conversation we all need to have in our school districts.

Mike: Alright. We’re speaking with Alison McDowell. She is a parent and researcher in the Philadelphia school system. Produced a series,  Future Ready Schools: How Silicon Valley and the Defense Department Plan to Remake Public Education. And again, your website is…

Alison: Wrenchinthegears.com

Mike: Wrenchinthegears.com. And with that we’re unfortunately out of time. I want to thank you for coming and spending time with us this morning.

Alison: Thank you.

Chris Reykdal’s Statement on Opting Out

We asked all of the Washington State Office of Superintendent of Public Instruction (OSPI) candidates their position on opting out of the SBAC.

Four of the candidates responded to our query and we are publishing their answers today.

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OSPI Superintendent candidate Chris Reykdal

Opting your child out of a standardized test is a parent’s right.  Parents have always had the right to opt their child out of particular courses or content areas.  It is not the role of the federal or state government to question the motivations of parents; they are parents and a standardized test mandate does not supersede a parental rights.

The Every Student Succeeds Act (ESSA) is better than No Child Left Behind (NCLB), but a few glaring faults remain.  The contradiction of a 95% test requirement while simultaneously acknowledging a parent’s right to opt out their child is still the cause of great confusion.  States are now assigned the task of compliance to 95%, and the sanctions, if any, for districts that don’t comply.  And yet the U.S. Department of Education still claims the power to withhold certain funds from states. This is where our State has to take a stand!

To address this contradiction of policy we must do five things:

1) Delink standardized tests as a high school graduation requirement;

2) Defend the right of parents to opt out their child;

3) Clearly define alternatives for students to show proficiency if they chose not to participate in federally-mandated testing in grades 3-8 and once in high school.

4) Do not require a student to test and fail first before utlizing alternative demonstrations of proficiency; and

5) Use assessment results to create intentional strategies to improve districts, schools, and where applicable, targeted interventions for students.

I believe very few parents would opt their child out of assessments if they believed the tests would be used to help their child improve AND they were confident the test would be used for  system accountability only and not to penalize or stigmatize.

Professional educators should determine a student’s grade promotion and ultimate graduation – not a test.  Incredibly, the research continues to tell us that high school GPA in combination with transcript evaluation is the better predictor of college success – not standardized tests.  Colleges and universities across the country, and the world, are reducing the weight of SAT and ACT in college admissions; for some they don’t require any tests as part of admissions.  Instead, they are seeking multiple measures – GPA, course evaluations, writing samples, community engagement, and so many other factors that are far more predictive of student persistence and success.  Clearly,  48 diverse teacher grades (4 years X 2 semesters X 6 classes per semester) are more  valid and reliable than one single measure in time.

Standardized assessments do have a role to play– to measure state, district, and when statistically significant, school building progress toward closing the achievement gaps.  But, no single test should ever be used as a high stakes factor in grade promotion or graduation and they should never be used as a hammer. 

Ultimately, educators should decide the best diagnostic tools to propel students to greater cognitive and social/emotional growth. It’s time to put the teaching and learning process back in the hands of educators!

-Chris Reykdal, Candidate for Superintendent of Public Instruction

Chris Reykdal for Superintendent of Public Instruction

Erin Jones’ Statement on Opting Out

We asked all of the Washington State Office of Superintendent of Public Instruction (OSPI) candidates their position on opting out of the SBAC.

Four of the candidates responded to our query and we are publishing their answers today.

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OSPI Candidate Erin Jones

The bullying tactic being used by OSPI regarding SBA is unacceptable. Parents are the primary educators of their children and should be allowed to opt their children from testing. The fact that so many families have decided to opt children out should be a clear message to the state about the impact of testing. Until this year, opting out did not have consequences, beyond the occasional angry interaction with an administrator claiming that avoiding the test could put the school or district in danger of losing Title I funds (not yet happened). This year, however, the Smarter Balanced Assessment (SBA) is a graduation requirement. Parents of elementary and middle school students may have to endure the ire of an administrator or classroom teacher, but do not believe the lie that your student will not move to the next grade level if s/he does not take the test.

Far too much pressure is involved in the current testing process. Creating better and broader tests does not improve learning. My husband, who is a teacher, uses this analogy about testing -” we are just weighing the same pig with a different scale, without consideration for how and what we are feeding the pig.” We must focus our attentions for students, particularly those who have been most negatively impacted by high-stakes testing, on meeting social-emotional and physical needs, on student learning and support – feeding the pig – not on testing.

There is value in assessing students throughout the year to determine where they are growing and where they need additional supports. Although there are still requirements at the federal level for statewide testing, most assessment decisions must be made locally, with a focus on moderation and allowing educators to do most assessment in their own classrooms. We must provide teachers with smaller classes, so they can make effective daily decisions about student growth. With regard to state testing, we should be partnering with educators (including ELL and SPED teachers) and community-based organizations (including those who serve families), as well as testing experts, untied to a particular test company, to determine a better process that will help us garner the kinds of results and experiences that will lead to increased learning for students.

As we enter the “test season,” there will be thousands of families considering whether or not to opt out a child, carefully weighing the impact of the consequences and whether they are willing to advocate at the state level for a child whose graduation is called into question. Other families, often those whose students are most negatively impacted by high-stakes testing, will not even know opting out is possible or will not have the same ability to advocate for their child’s needs. As state superintendent, I will not be strong-armed by the federal government but will advocate for a better, more effective assessment process that considers the needs of ALL students and educators, that puts instruction and student support at the center of public education once again.

Erin Jones, Candidate for Superintendent of Public Instruction

Friends of Erin Jones

David Spring’s Statement on Opting Out

We asked all of the Washington State Office of Superintendent of Public Instruction (OSPI) candidates their position on opting out of the SBAC.

Four of the candidates responded to our query and we are publishing their answers today.

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OSPI Candidate David Spring

The SBAC test is an unfair bubble test designed to label as failures more than half of the students who take the test.

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The makers of the SBAC test falsely claim that it can predict if students are “college ready.” In fact, no bubble test has ever been able to predict if a student is college ready. The only predictor of college readiness is a students high school GPA.

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In short, the SBAC test not only harms students, it is worthless as an assessment tool.

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In 2015, 62,000 parents in Washington opted their children out of the SBAC test – resulting in Washington having a “participation rate” of only 91%.

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Since federal law requires a rate of at least 95%, Washington received a letter from the Department of Education threatening to reduce federal funding unless school districts completed an enforcement plan. In fact, no school district has every lost federal funds due to a failure to force students to take high stakes tests.  In December 2015, Congress passed a revision of the ESSA prohibits the Department of Education from threatening states with loss of funds.

Sadly, on April 12, 2016, the Superintendent of Public Instruction violated the new ESSA by sending letters to about 100 school districts threatening them with a loss of federal funds unless they submit an enforcement plan.

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On April 24, 2016,Carolyn Leith sent an email to candidates for Superintendent asking us to comment on this threat by OSPI in 500 words. However, this issue cannot be properly answered in only 500 words. I have therefore published a more detailed statement on our campaign website: https://springforbetterschools.org/

For years, I have been a leader in Washington opposing the harmful SBAC test. I have written dozens of reports explaining why the SBAC test harms children. I have also published a book, Weapons of Mass Deception summarizing how the SBAC test harm children. You can read this book here: https://weaponsofmassdeception.org/

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In 2015, I started the website Opt Out Washington to give parents information on how to opt their children out of the unfair SBAC test. More than 50,000 Washington parents have downloaded our opt out form. http://optoutwashington.org/

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By contrast, in 2013, two other candidates, Larry Seaquist and Chris Reykdal, voted for House Bill 1450 – the bill that forced the unfair SBAC test on students here in Washington state. 

In 2015, Reykdal sponsored House Bill 2214 – a draconian bill that would make Washington one of the only states in the nation that would punish opt out students by placing them at risk of not graduating from high school.

The new ESSA states on page 24 that its purpose is to determine “whether the student is performing at grade level.” Because the SBAC test does not provide accurate information about whether a student is achieving at grade level, the SBAC test does not comply with the ESSA. As superintendent, I will therefore suspend the SBAC test and replace it with assessment options such as Teacher Grades and/or the Iowa Assessment that do accurately measure whether a student is achieving at grade level.

Regards,

David Spring M. ED.

Candidate for Superintendent of Public Instruction

Spring for Better Schools.org

Post Script:

You can listen to my interview with David Spring  at “An interview with OSPI candidate David Spring”.