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CDE Student Data Release Court Ruling & Opt-Out Form

Dear Parents, 

In February 2016, a court ruling granted a non-profit access to personal records and private data for millions of CA students as part of its 2012 lawsuit against the CDE.  The lawsuit, Morgan Hill Concerned Parents Association & Concerned Parents Association vs. California Department of Education, alleges that the CDE has violated 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 CDE denies these allegations.  

Data on the following students will be released to the non-profit:

-          Students with disabilities,

-          Students who requested an assessment or who were assessed for special education eligibility, and

-          Students who are attending, or who have attended, a California school at any time since January 1, 2008.

Examples of information that may be released include:

-          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/expulsions, and results on state tests.

Parents can opt out of having their children’s information released by completing a form on the CDE website and returning it to the Court by April 1, 2016.

-          For more information on this topic, please refer to the following reference materials:

o   CCSA Blog Post: http://www.ccsa.org/blog/2016/02/court-ordered-release-of-student-information.html  

o   Notice of Disclosure: http://www.cde.ca.gov/re/di/ws/morganhillcase.asp

o   Court Order: http://www.cde.ca.gov/re/di/ws/documents/order2016jan26.pdf

o   Parent Objection Form: http://www.cde.ca.gov/re/di/ws/documents/form2016jan26.pdf