Parent Notification: California Disclosure of Student Records
Legal Case Impacts Student Privacy
The RBUSD is notifying parents/guardians of a current court case, Morgan Hill Concerned Parents Association and the Concerned Parent Association v. California Department of Education, that involves the release of student data.
The RBUSD is not involved with, or a party to, this lawsuit; however, all students in the State of California are impacted.
Request for Documents
As part of this lawsuit, and in order to prove their claims, the Plaintiffs have requested that the California Department of Education (CDE) disclose, subject to a Protective Order discussed below, information that it stores on databases and network drives that contain protected personal information 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. Examples of information that is stored on CDE’s databases and network drives includes name, social security number, home address, demographics, course information, statewide assessment results, teacher demographics, program information, behavior and discipline information, progress reports, special education assessment plans, special education assessments/evaluations, Individualized Education Programs (IEPs), records pertaining to health, mental health and medical information, student statewide identifiers (SSID), attendance statistics, information on suspensions and expulsions, and results on state tests.
Students’ Entitlement to Confidentiality
The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g(b) and 34 C.F.R. §99.31(a)(9)(ii), and the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400, et seq., are federal laws that protect the privacy of student records. These laws permit the disclosure of these records to comply with a Court order.
Consent and Opportunity to Object
If you do not object to the disclosure of the information described above, you do not have to do anything.
If you object to the disclosure of your or your child’s protected personal information and records, you must notify the Court by April 1, 2016, in one of two ways:
- First, you can click on the attachment below and print out and complete the “Objection to Disclosure of Student Information and Records Case No. 2:11-CV-03471” form at the CDE’s website www.cde.ca.gov/morganhillcase, and mail your objection to the Court at the address below.
- Second, you may write a confidential letter to the Judge, including the name of the student on whose behalf you are writing, your name and relationship to the student, the student’s date of birth, county, school district, and school, and, if you wish, the basis of your objection. If you write a letter, on the first page of your letter, write in large or underlined letters: “TO BE FILED UNDER SEAL” and “OBJECTION TO DISCLOSURE OF STUDENT INFORMATION AND RECORDS, CASE NO. 2:11-CV-03471.
Mail your letter or objection form to:
The Honorable Kimberly J. Mueller c/o Clerk of the Court
U.S. District Court for the Eastern District of California
501 I Street, Room 4-200
Sacramento, CA 95814
Attn: DOCUMENT FILED UNDER SEAL
DO NOT CALL THE COURT. THE COURT WILL NOT ACCEPT PHONE CALLS ABOUT THIS MATTER. YOUR OBJECTIONS MUST BE SENT TO THE COURT IN WRITING. Failure either to submit an Objection Form or letter to the Court by April 1, 2016 will be deemed a waiver of your right to object to the disclosure of your or your child’s protected personal information and records as described above. All objections will be maintained by the Court under seal, which means they will not be available to the public.