Shielding our Teacher and Student Data

This article was submitted by JC Bowman, Executive Director of Professional Educators of Tennessee (PET)

Since the passage of First to the Top legislation in 2010, as our organization has travelled across the state, we have heard from both parents and educators with concerns about the collection, use and potential misuse of student and teacher data.  While it is correct that the newly adopted PARCC exams will not collect any more additional data than TCAP that is not the concern of Tennessee parents or educators.

 

In 2009 an audit raised concerns about the state education department vendor Tennessee Rehabilitative Initiative in Correction (TRICOR) using prisoners to count, inventory and shred various materials in bulk quantities. According to the audit, included in the files were students’ names, dates of birth, Social Security numbers and test performance data, all of which was handed over without prior consent from parents. The access of highly sensitive information to maximum security prison inmates is a significant security risk according to the report.  We must take steps to make sure this never happens again.

 

Therefore, those who are trying to make this debate about Partnership for Assessment of Readiness for College and Careers (PARCC) are misinformed and misleading policymakers and stakeholders about the issue.  The public has sent a very strong message that policymakers must make individual student data-mining in Tennessee illegal.   Schools and schools systems need better policies in regard to school personnel having access to an educator’s personal summative and evaluation scores.  Any legislation adopted must clearly set out the conditions and restrictions on the use of confidential student and teacher data.  We must prohibit intrusive data tracking, which is an invasion of the rights of students and their families.  Any data collected should be used for the sole purpose of tracking the academic progress and needs of students by education officials at the local and state level.

 

The Family Educational Rights and Privacy Act (FERPA)[1] is a Federal privacy law that gives parents certain rights with regard to their children’s education records, such as the right to inspect and review your child’s education records.  In December, 2011, the U.S. Department of Education revised its regulations governing the implementation of FERPA by schools, districts, and States. These revisions change several of the exceptions to FERPA’s consent rule.  What parents and educators are seeking is a guarantee from the state that they are putting additional measures in place to protect students and educators.   Some legal experts believe that according to FERPA, the district, not the state, is the controlling party for the use of personal student data.

 

The 2011 changes permitted schools to disclose information on students if it has been properly designated as directory information. By law, directory information includes things that would generally not be considered harmful or an invasion of privacy if disclosed, such as name, address, photograph, and date of birth. Directory information may not include things such a student’s social security number or grades. State policymakers may wish to go further than federal law in protecting student information. Why would a 3rd Party need photographs of children for example?   Why any individual, personalized student data is necessary is questionable, since comparisons are commonly done and are already widely available through de-identified aggregated student data.

 

Before a single child’s information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles:  The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide;  The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction;  All parents should have the right to be notified of the impending disclosure of their children’s data, and provide them with a right to consent or have the right to withhold their children’s information from being shared;  The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child’s private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaries.

 

We must be committed to protecting student and teacher data.  There are several pieces of pending legislation being considered by the General Assembly that can be used to accomplish this task.  Representatives Kevin Brooks, Bill Dunn, Vance Dennis, Jeremy Faison and Senators Dolores Gresham and Farrell Haile have been leading on this issue.  We strongly support these efforts, and encourage passage of legislation to address parent and educator’s concerns.

 

 

Footnote:  [1] For more information about FERPA, please see “FERPA General Guidance for Parents” on the Family Policy Compliance Office Web site: www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html. If you have a question or wish to report a potential FERPA violation, contact FPCO at: 1-800-USA-LEARN (1-800-872-5327).

 

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How to Properly Deploy a New Teacher Evaluation System

Like Tennessee, Kentucky has a new teacher evaluation model — The Professional Growth and Effectiveness System (PGES). Similar to reforms in Tennessee, the new model uses multiple measures to evaluate teachers, including classroom observation and student growth.

Unlike Tennessee, Kentucky has rolled out its new evaluation in phases, improving it along the way based on feedback from teachers and administrators.

Here’s a description of how the model, to be fully implemented in 2014-15, has been rolled out:

During the 2012-2013 school year, over 50 school districts in Kentucky have participated in a field test of the new system.  The field test has allowed educator experience and feedback to inform improvements prior to the statewide pilot during the 2013-2014 school year.  During the statewide pilot in 2013-2014, as least 10% of the schools in each district will implement the Professional Growth & Effectiveness System.  In 2014-2015 the system will be fully implemented statewide with full accountability in Spring 2015.

That’s two years of pilot work before a single teacher is held fully accountable for the results of the new system.  Of course, those evaluated get the chance to have their practice informed by the strengths of the new system. But they also are not held back by problems that may need reform or improvement.

Contrast that with Tennessee, which implemented a new evaluation system in 2011-12.  Teachers were responsible for meeting the evaluation standards immediately.  There was no statewide pilot, no partial implementation, testing, and then improvement.  The evaluation has been changed or “improved” along the way, but that process has caused confusion as the standard by which teachers are evaluated seems to change from year to year.

Yes, there are strengths to evaluating teachers through multiple measures. Certainly, the old evaluation system warranted improvement.  But the implementation process directed by the Department of Education failed to adequately take into account teacher and administrator feedback. A more measured approach, as seen in Kentucky, could have helped build educator support and buy-in and could have improved the process without the fear that comes with instant accountability for a previously unused standard.

It’s not too late for Tennessee to “re-launch” it’s evaluation process in light of new Common Core tests.  A suspension of the use of TVAAS for teacher evaluation, as called for by PET and others could allow the state to re-examine the evaluations and phase-in improvements, fully implementing the new system as Common Core tests replace the old TCAP and EOC tests.

Doing so would require a step back from the rapid pace of recent reforms in the state. But the best way forward is not always the fastest. Tennessee would do well to emulate our neighbors, slow down, and focus on getting education reform right.

For more on Tennessee education politics and policy, follow us @TNEdReport

 

PET Agenda

Professional Educators of Tennessee (PET) recently released their 2014 legislative agenda.  They have three key areas of focus for the upcoming legislative session.

1) Teacher Licensure. PET is asking for a straightforward, common sense appeal process to address concerns regarding the proposed changes to teacher licensure. PET has also been asking for the suspension of the use of TVAAS data until Common Core is fully implemented. The group also mentions a need to focus on teacher remediation and targeted professional development.

2) Student/Teacher Data. PET is seeking legislation that will ensure the privacy of both student and teacher data.  Specifically, they want to ensure no personally identifiable data on students and their families religion, political affiliation, psychometric data, biometric information, or voting history is collected or otherwise tracked and that such data is not provided to either the federal government or private vendors.  They are also seeking limits on who may access teacher evaluation data.

3) Testing. PET notes the “overuse of testing in our schools” as a key area of concern.  While PET notes that testing comes with good intentions, the result of an increased focus on testing is now a “detriment to public education.” PET suggests policies that find a balance between the need to assess in order to gain knowledge about what’s working and what’s not working for kids and the over-reliance on tests for uses beyond their intended, useful purpose.

For more on Tennessee education policy and politics, follow us @TNEdReport

 

 

Cleveland, Bradley County Speak Out on State Ed Policy

The School Boards of Cleveland and Bradley County have both passed resolutions this week calling on the State Board of Education to stop using TVAAS (Tennessee Value Added Assessment System) scores in teacher evaluation and licensure.

UPDATE:  Read the resolution here.  We’re told this resolution will be presented to the TSBA (Tennessee School Boards Association) Delegate Assembly for a vote in November.

Cleveland’s Board expressed support for Common Core while the Bradley resolution questions the appropriateness of Common Core standards for younger children.

The two districts join Roane and Marshall counties in passing resolutions raising concerns about state education policies and a lack of collaboration from state leaders.

Specific to TVAAS, Professional Educators of Tennessee (PET) has also called on the state to stop using value-added data until 2016-17 when the PARCC tests are fully phased-in.

TVAAS has come under criticism recently for providing a smokescreen that has allowed Tennessee policy makers to claim schools are making gains while masking relatively low proficiency rates on tests like NAEP (National Assessment of Educational Progress).

Additionally, some question the ability of value-added data to provide meaningful differentiation among teachers.

For more on Tennessee education politics and policy, follow us @TNEdReport

 

 

PET’s Core Principles

As the Senate Education Committee conducts hearings today on the Common Core State Standards, Professional Educators of Tennessee has released a set of principles that they hope will guide policymakers on the Common Core implementation and on education reform in general.

Here they are:

  1. Keep Common Core State Standards in Language Arts and Math in place.
  2. Common Core is a starting point.  The standards that are currently adopted are the minimal baseline and we must keep moving forward to increase these standards.
  3. Evaluate Tennessee’s role in PARCC. 
  4. Delay using student test results for Teacher Evaluations, at least until 2016-2017 at the earliest.
  5. Make individual student data-mining in Tennessee illegal.   Schools and schools systems need better policies in regard to school personnel having access to an educator’s personal summative and evaluation scores.
  6. Textbook selection and purchasing must be completely transparent. 
  7. Conduct a public review of All Race to the Top Expenditures. 
  8. Evaluate Tennessee’s No Child Left Behind waiver. 
  9. Clarify the role of the State Board of Education. 
  10. Keep all stakeholders at the table.  

 

Several points are worth noting.  First, PET is made up of educators and is expressing support generally for the Common Core State Standards.  That’s important for parents and policymakers to know – the standards are, as PET says, a starting point.  They are an important starting point and a definite improvement over Tennessee’s previous standards.

Next, PET is calling for a delay in the use of the PARCC tests for teacher evaluations.  This makes some sense.  Transitioning Tennessee’s value-added date from TCAP to PARCC make take some time and adjustment (it’s not entirely clear how TVAAS will handle the transition from all bubble-in tests to constructed response tests, for example).  Delaying the use of this data in evaluations will give everyone time to see how the tests work and how to best fit them in to the TVAAS model.  Meanwhile, the teacher evaluation system itself can be improved — it seems it has changed often in the early phases of implementation and an opportunity to reflect and improve seems warranted. Further, for those who insist that some student data be included on evaluations, there are certainly other data points which might be included in a teacher’s performance evaluation.

I have been asked a lot about #7 — basically, what happened to all that Race to the Top money? How was it spent? Tennesseans deserve to know how the RTTT dollars were spent and what (if any) impact those dollars had on teachers and students.

Finally, in light of a recent letter from Superintendents to Gov. Haslam, it seems #10 also deserves some attention.  Intentionally including all stakeholders and ensuring their concerns are heard and questions are answered is a critical element in both Common Core implementation and in education reform in general.

Stay tuned for updates from the hearings today and tomorrow.

For more on Tennessee education politics and policy, follow us @TNEdReport