On December 1, 2011, the U.S. Department of Education announced new regulations to safeguard student privacy while giving states the flexibility to share school data that can be helpful in judging the effectiveness of government investments in education.

“Data are a powerful tool needed to improve the state of education in this country,” said U.S. Secretary of Education Arne Duncan. “At the same time, the benefits of using student data must always be balanced with the need to protect students’ privacy rights and ensure their information is protected.”

The regulations will strengthen the Family Educational Rights and Privacy Act (FERPA) by protecting the safety of student information, increasing the Department’s ability to hold those who misuse or abuse student data accountable and ensuring our taxpayer funds are invested wisely and effectively.

In the past, uncertainty about where state sunshine laws left off and where FERPA picked up created confusion for institutions about when and with whom student information could and should be shared. Schools need the flexibility to pursue routine uses of information without getting prior consent while allowing them to prevent those who may misuse or abuse student information from accessing it. The new regulations allow schools to do just that.

The new regulations will also help the Department of Education more effectively hold those who misuse or abuse student information accountable for violating FERPA. When FERPA was first conceived in the 1970s, it only applied to institutions with students in attendance—like high schools and colleges. Since then, a growing number of institutions and entities without students in attendance—like student lenders for example—have access to student records that should be protected by FERPA, but aren’t. The December 1st announcement fixes that gap in student protection.

The changes will also help policymakers determine if state and federally funded education programs are adequately preparing children for success in the next stage of life, whether that is in kindergarten or the workforce. States will be able to determine which early childhood programs prepare kids for kindergarten. High school administrators will now be able to tell how their graduates did in college. And states will be able to enter into research agreements on behalf of their districts to determine how best to use limited education funding during tough economic times.

The announcement comes on the heels of several efforts undertaken by the Obama Administration to ensure that private student data is protected. These include the appointment of Kathleen Styles as the Department’s Chief Privacy Officer, the establishment of a Privacy Technical Assistance Center, and the publication of guidance documents on best practices for protecting confidential information about students.

Click here to view the full regulation
Additional information is available at: www.ed.gov/fpco.

If an application is based on disability, the deadline is extended to 90 days. Delays in the processing of these applications and redeterminations can result in significant hardship for families with children. If you know someone who has ongoing medical needs and has been waiting past the deadline for DSS to act on a Medicaid or HUSKY application, or has been cut off of Medicaid despite providing required information for a redetermination, please contact Sheldon Toubman, New Haven legal Assistance Association, at 203-946-4811 extension 148 or stoubman@nhlegal.org for assistance. For more information, read the November 2011 CABHN Fever newsletter.

December 5th through the 9th is Inclusive Schools Week. Check out “Celebration Ideas” from the Inclusive Schools Network for activities and resources for schools, classrooms and families.

Birth to Three has published its 2011 Annual Performance Report with information about the status of infants and toddlers with disabilities and their families. Read the full report on the Birth to Three website.

One of the key concerns raised by the State Board of Education about CT’s proposed special education regulations relates to the use of SRBI/RTI in the identification of students with specific learning disabilities. “<a title=”Legal Implications of Response to Intervention and Special Education Identification” href=”http://www.rtinetwork.org/learn/ld/legal-implications-of-response-to-intervention-and-special-education-identification”>Legal Implications of Response to Intervention and Special Education Identification</a>” describes some of the challenges in using RTI and the legal requirements of Child Find under the IDEA.

A lengthy debate at the November 2, 2011 board meeting of the CT State Board of Education resulted in a vote which delays further action on the proposed regulations until the March 2012 board meeting. Concerns raised during the discussion included the use of SRBI, CT’s framework for Response to Intervention, as a requirement in the eligibility determination of students with specific learning disabilities, regulatory language that is not clearly understandable for parents and educators, potential limitations regarding access to an independent educational evaluations (IEE) and reversing the burden of proof which in CT, is held by local school districts We will keep you informed, as additional information becomes available about next steps in this process.

Proposed amendments to the Elementary and Secondary Education Act, now called No Child Left Behind, that could have pushed more children with disabilities away from taking the same kinds of tests as their classmates, were rejected on Thursday, October 20th in a vote by the Senate education committee. Read more about the bill in an article by Education Week

Proposed changes to the Elementary and Secondary Education Act, now called No Child Left Behind, could push more children with disabilities away from taking the same kinds of tests as their classmates. A vote on these changes will take place on October 19th. Read more about the proposed changes and potential serious implications for students with disabilities in “ESEA Proposals, NCLB Waivers Trouble Special Ed. Advocates” by Nirvi Shah of Education Week. If you questions about what these changes mean, please contact CPAC for more information.

A recent article published by Education Week discusses a new report which finds that African-American and Hispanic students are suspended or expelled more often than white students—even for minor offenses. Read the full article for more information.

Southern Connecticut State University’s Center for Adaptive Technology operates the Computer Loan Program on behalf of the Connecticut Tech Act Project (CTTAP). The Computer Loan Program allows schools throughout Connecticut to borrow laptops with adaptive software, as well as iPads, with a variety of application software (apps), for use by/with students with disabilities for evaluations, short-term accommodations and/or device trials. Educators may also access the Computer Loan Program for professional capacity building activities. The laptop and iPad loans are FREE! Visit www.cttechact.com/device_loan/computer.php for more information or contact the CTTAP directly at 860-424-4881.