New school law draws fire

By Gillian Graham

Staff Writer

 As students head back to classes this month, parents for the first time will be asked to provide their children’s Social Security numbers to the Maine Department of Education. 

A new state law requires school departments request the numbers from parents, but some school officials are concerned how the measure could affect student privacy.

Last week the Biddeford School Committee approved a resolution that asks the Legislature to overturn the law and urges parents to not provide the numbers. Board Member Peggy Bean voted against the resolution and Laura Seaver was absent from the meeting.

Students’ Social Security numbers will provide school districts data about the long-term effectiveness of schools and programs. A longitudinal data system will link data about students’ educational history to data about their endeavors after completing school.

Maine Department of Education Spokesman David Connerty-Marin said the law requires schools to ask parents – or students 18 and older – to give written consent for the department to use the numbers to track various factors, including student’s career choices and salaries. The department can withhold subsidy from schools that decline to collect and report the numbers.

“The point of it is to improve education for students,” Connerty-Marin said.

The law prohibits the department from sharing information about students’ educational history. Social Security numbers are sent to the U.S. Department of Labor to gather information but the numbers are not attached to names, Connerty-Marin said. The state received a $7.3 million federal grant to implement the tracking system.

Biddeford Mayor Joanne Twomey said she is concerned about student privacy and thinks the law should be repealed. She said she is a “stickler” about not giving out her number unless absolutely necessary and would not want her grandchildren’s numbers provided to the school, she said.

“I’ll do everything in my power to convey this is a really bad law,” she said. “School boards have every right to tell parents they can opt in or opt out.”

Twomey said she hopes the school committee’s resolution makes parents think twice before providing the number. She said her main concern is student privacy and potentially putting students at risk for identity theft.

The law “poses a potential threat to children because tracking individual student data in conjunction with Social Security numbers opens the possibility of security breaches that could negatively impact students,” the resolution states. The resolution also cites a 2006 incident when 26.5 million Social Security numbers were stolen from the Veterans Administration.

 

The Maine Civil Liberties Union in early August began urging school districts across the state to supplement annual privacy notifications with an explanation of risks associated with Social Security numbers.

“We want parents to have all the information so they can make the best decision for their kids,” said MCLU Legal Director Zachary Heiden.

Heiden said Regional School Unit 44, which includes Bridgton and neighboring towns, passed a resolution similar to Biddeford’s this summer. Twomey said the MCLU provided language for Biddeford’s resolution.

 The Maine School Management Association asked the law firm DrummondWoodsum to prepare a guidance document for school systems to inform parents of the law and provide a sample consent form. The document, prepared by Bruce Smith, suggests school departments institute procedures designed to minimize the risk of accidental disclosure or intentional theft by protecting student privacy and avoiding liability for consequences of disclosures.

 

Biddeford Superintendent Sarah-Jane Poli said the school department does not have concerns about storing Social Security numbers. The department has a secure system for confidential information that is used nationally by many school districts without incident, according to Assistant Superintendent Jeff Porter.

The state has a “very secure system” in place to store the numbers, Connerty-Marin said. Only a couple department employees have access to the information.

“It’s as secure or more secure than most data systems,” Connerty-Marin said. “Parents’ concern is understandable, which is why we’ve been very careful about the security systems we have in place.”

Biddeford parents will receive a letter about the law and a form to opt in or opt out of the request in a packet sent home with students at the start of the school year. The letter notes the Biddeford School Committee “is not in favor of this law and has sent a resolution to Gov. John Baldacci requesting a repeal of the law.”

The letter also informs parents that every child has the right to a public education, regardless of whether a Social Security number is provided.

Gary Curtis, public information director for RSU 23 in Saco, Dayton and Old Orchard Beach, said the school board will discuss the issue at its Sept. 14 meeting. The district currently has no policy to deal with the law and the district is seeking guidance from legal advisers and soliciting information from the Maine Department of Education, he said.

Curtis said he thinks the department should track students by name and date of birth – information that already is available. The district will provide a letter to parents explaining the law and emphasizing they have the right to opt out, he said.

 Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.

 

 

 

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