MORGAN HILL CASE
NOTICE OF DISCLOSURE OF STUDENT RECORDS AND OBJECTION FORM
Opt Out form
February 26, 2016
What is the Morgan Hill Court Case?
The Plaintiffs in this lawsuit are The Morgan Hill Concerned Parents Association and The Concerned Parents Association. Both organizations are non-profit associations made of parents and guardians of children with disabilities. They claim that the Defendant, the California Department of Education (CDE), has violated the Individuals with Disabilities Education Act (“IDEA”) 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.
Why is it relevant to YLHS students?
It’s relevant because the California Department of Education is required to disclose information that it stores on databases and network drives that contain protected personal information of Californian students. This includes all children, even ones with disabilities, ones who have been assessed for special education eligibility. This is relevant not only to YLHS students, but to anyone who has attended school in California any time since January 1, 2008.
What personal information will be shared?
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.
How can you object to this sharing of personal information?
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 may 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 stated. You can find this form attached to the article.
Another way to object is writing a confidential letter to the Judge. It must include 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. You can even state the basis of your objection, why you object to this.
It’s important to note that no student’s identifying records will be disclosed to the public and that the information may only be used in context of the lawsuit.
Go to http://www.cde.ca.gov/re/di/ws/documents/order2016jan26.pdf to find out more.
Sharleen Wilson • Mar 19, 2016 at 10:22 PM
It is disturbing to know that my grandchildren’s personal information is probably already available to anyone who wants to find it.
Excellent writing, Heather!!!
Heather Gammon • Mar 26, 2016 at 6:25 PM
Thanks Mrs. Wilson! Your praise means the world to me! Check your email, I emailed you awhile ago! I hope retirement is treating you well!
Stephen R Pope • Mar 1, 2016 at 9:07 AM
I object to the release of my children’s protected personal information and records by CDE. As a former employee of the Special Education Department of the California State Department of Education and working in Compliance – Special Education, I know that during many cases CDE did not have enough Consultants to identify issues for children with disabilities and could not meet Federal Guidelines and dates. There were too many cases for them to handle and not enough staffing to handle cases appropriately. Many cases were denied when children needed help. My children were Special Education Students and to this day some cannot comprehend reading, and writing because CDE did not follow up on the cases and complaints filed not to mention requests made to help them. They were too busy to demand services of the schools appropriate for my children’s needs. I have proof that the system failed with my now 23 year old son who was ignored and not appropriately given his rights under IDEA, and NCLB. He continues to struggle in society and it has contributed to further regression and depression in his life.
Heather Gammon • Mar 26, 2016 at 6:26 PM
“I object to the release of my children’s protected personal information and records by CDE.”
If you object, complete the “Objection to Disclosure of Student Information and Records Case No. 2:11-CV-03471” form at the CDE’s website http://www.cde.ca.gov/morganhillcase, and mail your objection to the Court at the address stated.