Some states collect a lot of data that has nothing to do with student test scores, including Social Security numbers, disciplinary records, family wealth indicators, student pregnancies, student mental health, illness, and jail sentences. A couple of states record the date of a student's last medical exam and a student's weight.
The Fordham study reported that this collection of information is often not compliant with a 35-year-old law, the Family Educational Rights and Privacy Act (FERPA). The only punishment for a FERPA violation is for the Department of Education to withhold federal education funding, but the Department has never done that.
The building of databases that track students from pre-school through entry into the workforce began with the emphasis in the 1990s on testing and standards, and was expanded under "No Child Left Behind" mandates. This data collection has been proceeding at what observers call a "breakneck pace" under the Obama Administration because of the offer of federal grants awarded through the Race to the Top competition, the American Recovery and Reinvestment Act, and $250 million in Stimulus funds.
Fordham law professor Joel R. Reidenberg, who oversaw the Fordham study, said that states are "trampling the privacy interests of those students." He warns that years later, when these kids are adults, information from their elementary, middle and high school years can easily be misused by hackers and others.
