As you may have heard, recent lawsuit filed against the California Department of Education (CDE) is impacting all school districts in California. The lawsuit requires the defendant, the CDE, to provide to the Plaintiff, the Morgan Hill Concerned Parents Association and the Concerned Parent Association, …“numerous documents as well as student data collected and stored by the CDE. Many of the requested documents and data stored in the CDE databases contain personally identifiable information ("PII") of children, including children with disabilities, children who requested an assessment or who were assessed for special education eligibility, and children who are attending or who have attended a California school at any time since January 1, 2008.”
It is possible to file an objection with the court in order to consider the privacy of your data. If you are interested, please fill out this form and send to Sacramento.
In April 2012, two organizations, the Morgan Hill Concerned Parents Association and the Concerned Parent Association, filed a lawsuit against the CDE alleging widespread, systemic non-compliance by local education agencies with special education laws. The suit also alleges the CDE fails to monitor, investigate and correct such non-compliance in accordance with the law. The CDE denies these allegations and is actively defending the litigation.
Filling out the Objection To Disclosure Form does not guarantee your child’s information will not be released, but does express an objection to the court order.
Please note that any information that is released through this lawsuit is protected under a Protective Order, which means the plaintiff cannot disclose confidential information to the public. Confidential student information is used only for the parties, plaintiff’s attorneys, consultants, and the court. All information used in the case will be returned to the California Department of Education and/or destroyed at the conclusion of the lawsuit.
You can find more information regarding the release of student data and how you can file an objection with the court to consider not releasing your data by visiting the CDE website: http://www.cde.ca.gov/morganhillcase
You may also contact the California Department of Education at 916-319-0800.