Opinion Regarding SDUSD Response to Request Academic Performance Data

I was disappointed in the response from SDUSD, but not surprised.  Prior meetings with Mr. Ron Rode indicated that he was opposed to releasing such a rich database of information.  His primary concern was the violation of student privacy.  Mr. Rode's and Ms. Donovan's contention is that the information I requested was sufficient to reveal the identify of individual students and therefore a violation of FERPA.

In brief summary, PRA is the Public Records Act of California.  It requires that public agencies in California release to individuals data or records it has stored.  The release has few exceptions.  More details may be found in:

Summary Public Records Act


FERPA is the Family Educational Rights Privacy Act.  It is federal legislation that takes precedence over the PRA.  However, FERPA is specifically constructed with several clauses relevant to the analysis of academic performance.  The first is for analysis by volunteers or contractors:

Section 99.31(a)
(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by §99.30 if the disclosure meets one or more of the following conditions:
(1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
(B) A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party—
( 1 ) Performs an institutional service or function for which the agency or institution would otherwise use employees;
( 2 ) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
( 3 ) Is subject to the requirements of §99.33(a) governing the use and redisclosure of personally identifiable information from education records.
(ii) An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement in paragraph (a)(1)(i)(A) of this section.
(2) The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

More importantly, FERPA allows for the disclosure of information that has been "de-identified".  This means that information must be removed which "would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty."


See for example (page 8):


ferpa_2_9_09

So, now we are attempting to determine what is the maximum information that can be released which meets these standards.