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KPBS Midday Edition

Judge Orders Stricter Security Measures In Release Of California Student Data

Judge Orders Stricter Security Measures In Release Of California Student Data
Judge Orders Stricter Security Measures In Release of Student Data GUEST: Christine English, vice president, California Concerned Parents Association

This is KPBS Midday Edition, I Maureen Cavanaugh. California parents were recently up in arms over the potential release of thousands of student records two years in a class action lawsuit. Much of that concern has now been eased by a more limited court ruling. However, the reason for the class action lawsuit remains. The suit was brought by parents of special needs children who say that California is not providing the appropriate education mandated by federal law. Joining me is Christine English, Vice President of California concerned parents Association. Welcome to the program. Enqueue morning. We contacted the California Department of Education I did not agree to join us. They deny allegations regarding an adequate special education in schools. So Christine, why do you claim the state is failing special-needs children in schools? We see it at two different levels. Number one, the federal Department of Education has found the California Department of Education in noncompliance with special education for well over two decades. In addition to that, of the areas that the federal Department of Education is identifying as noncompliant, parents are also feeling at the district level in their child's special education process. One of the complaints -- are many that you have in asserting that the appropriate education is not being given to special needs students, but one of them has to do with this the school districts not maintaining adequate support plans for special-needs program. To help them as they advanced through grades. Why is that important? Well, because the students with disabilities -- particularly those with behavioral issues, not having their needs's best -- address. It to Bennett -- is not only benefit for the disabled child, but the impact on the general education teacher and other students in the classrooms. So the teacher can spend time teaching, as opposed to addressing the child's behavioral concern. Why would this lack happen in the first place next is it that schools can afford the special education needs of the students? I think -- federal special-education law has never been funded over 19%. It needs to be adequately funded at the federal level. However, the California Department of Education still has the spots ability to provide appropriate mandated oversight to the school district in which it serves. There's no transparency in that process. School districts are not being held accountable. So last week, a judge limited a ruling on the release of student data requested by attorneys who filed this lawsuit. The reason the judge did it was because so many parents were worried about the privacy of their children's personal information. Do agree with the judge's decision? We perceive that judgment from judge Mueller differently. There were two options that had been included in the rulings for some time. There was option a -- the [ name unknown ] could be handed over to our digital data experts who has been agreed to by both parties. Or we have offered mediation multiple times to go to CDE and run those queries at the location. This is been an ongoing discussion for two years. CDE has each time refused. So the judge unilaterally chose option B. We have said we are comfortable going to CDE and running the necessary queries. I think running on those at CDE will ensure accuracy and fidelity in the process. This legal challenge continue stashed you want to give a stick ethical sampling of how special-needs students are being treated at school districts across the state? When you think there will be a decision on this case? Is there anything in sight? Well -- it's taken us -- at this point, it's taken us for years just to begin the discovery -- 4 years just to begin discovery presentation. Before I joined this case, I looked at all the documentation and it was apparent to me, that CDE wasn't concerned about my child's privacy. They were concerned about accountability. So 4 years into this litigation, we are at the beginning stages of discovery. So we don't know how long this case may last. I've been speaking with Christine English, Vice President of the California concerned education Association. Thank you very much.

A federal judge had a change of heart over the potential release of educational records for 10 million California students.

Initially, Judge Kimberly Mueller ordered the California Department of Education to give attorneys in a special-education lawsuit, access to tens of thousands of student files containing names, Social Security numbers and medical information.

But last week the judge ruled the Department of Education will maintain custody over the database and must help attorneys run searches for information.

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The battle over access to the database is part of a 2011 lawsuit filed by two parent groups alleging that the Department of Education is not providing students with disabilities a proper education.

The Department of Education denies any and all the allegations made by the plaintiffs.

Christine English, vice president of California Concerned Parents Association, discusses the lawsuit Monday on Midday Edition.