If Your Child Attends Or Attended A CA School -- Including LBUSD -- Since Jan. 1, 2008 (Or You're Now An Adult And Did So): A Fed'l Court Has Ordered Confidential Student Information Disclosed For Lawsuit Use (Not Public Release) For Two Non-Profits Suing CA Dept. of Education And Your Child's Info Could Be Disclosed If You Don't Do This By April 1; See Detailed Info and Instructions
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(Feb. 21, 2016) -- The Long Beach Unified School District recently began notifying parents and guardians about a northern CA federal district court judge's order to the CA Dept. of Education that will result in the release for civil lawsuit purposes of confidential student information of students who now attend or attended California schools since Jan. 1, 2008 (including LBUSD schools) including children with disabilities.
By way of summary, if your child is now attending school (including LBUSD schools) or did so after Jan. 1, 2008, their confidential student information will be released to plaintiffs in their lawsuit against the CA Dept. of Education (not general public release) on court-restricted terms UNLESS you send the court an Objection form that can be downloaded and printed from this link. The student's parent/guardian (or student himself/herself if over 18) can complete the Objection form and mail it in hard copy to the court at the address listed on the Objection form and submitted by April 1
LBUSD put its own advisory up on Feb. 18 at this link.
[Scroll down for further.]
The court states in its notification:
[Court notification text] The Plaintiffs in this lawsuit, Morgan Hill Concerned Parents Association and Concerned Parents Association, are not-for-profit associations comprised of parents and guardians of children with disabilities. Plaintiffs allege that the Defendant, the California Department of Education (CDE), has violated the Individuals with Disabilities Education Act ("IDEA"), among other related laws, by failing to monitor, investigate, provide services to, and enforce the rights of children with disabilities consistent with its obligations under the law. The Defendant denies these allegations.
As part of this lawsuit, and in order to prove their claims, 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...
...On May 5, 2014, the Court issued a Protective Order that prevents any party from disclosing confidential information acquired in the course of the lawsuit, including student records, to anyone other than the parties, their attorneys and consultants, and the Court. None of the information may be used outside the context of this lawsuit, and the parties are required to either return or destroy the confidential records at the conclusion of the lawsuit. No student's identifying records will be disclosed to the public...
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...
LBUSD notes that it isn't a party to the lawsuit and doesn't plan to disclose such data.
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Again: if you're concerned about this and if your child is under 18 and now attending a CA school (including LBUSD schools) or did so after Jan. 1, 2008 (or you were a student after that date and are now an adult), you can download the Objection form at this link, print it, complete it and mail it in hard copy form to the court at the address listed on the Objection form submitted by April 1
And as the court's notification text states: "Failure either to submit a 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."
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