Early Learning Data Gets Caught in the Web

PA has been receiving money and mandates from Fed Ed to develop  a “womb to workplace” state longitudinal data system for quite a while. Yes, the word “womb” is right there in the PA Information Management Systems (PIMS) “2009-ARRA Grant Application” (Section 1.1, Page 1), which also came from the “stimulus” stash:

Like I have said, this is not necessarily “Common Core” except that one set of common standards assists in data collection by create standardization to one model across the country. It is part of the big tangled web.

These grants came via agreements between the Pennsylvania Information Management Systems (PIMS) and the National Center for Education Statistics (NCES). The PIMS is described as:

“…the consolidated hub of a comprehensive statewide longitudinal data system—comprising individual student, faculty and other relevant data from birth to high school, college, and career – that interfaces with an integrated statewide online portal …“

Using this ‘Birth and Beyond’ database grant money, which includes three separate grant initiatives dating back to 2006 totaling $24+ million, the State Longitudinal Data System (called “PK-20”  aka ‘Birth and Beyond’) was created and 1.8 million unique student and teaching staff ID’s were assigned. These data requirements came, in part, from the federal America Competes Act of 2000.

Early Learning Challenge Grant

In terms of Big Data, the Corbett administration’s ‘Early Learning Challenge’ grant application, application refers to the PELICAN data system that is used by the Office of Childhood Development and Early Learning (OCDEL).

In researching PELICAN, I found a document called “A Look at Pennsylvania’s Early Childhood Data System” published in 2010 by the National Council of State Legislators (NCSL). This document explains that: [emphasis mine]

“The state’s goal is a true P-20 data system with bidirectional information access and data sharing. ELN (Early Learning Network) will be linked to PIMS, the K-12 education data warehouse, which also will be connected to data from the post-secondary and workforce systems in a few years.”

 

“All will be linked by a common child identifier and by common teacher identifiers. TIMS will be the teacher data warehouse for all birth to age 5 and K-12 teachers, including all certified and noncertified early childhood educators and early intervention therapists.”

 

“Kindergarten is the first point of access to information on all Pennsylvania’s children, including those not served by OCDEL-funded programs. … The system may include data on child development and learning at kindergarten entry; demographic information; kindergarten classroom program quality information; and experience and education information on kindergarten teachers.”

 

“The ELN is designed to enable production of standard reports and use of raw data to produce new “as needed” reports. Reporting will be available to meet the needs of parents, teachers, administrators, researchers, policymakers and other community members.”

Who are these “researchers” or other “community members”?  How exactly will this “womb” or “birth” information on your child, before he or she even steps foot into a public school, be obtained? Do they have access to birth records?  I thought our health information was protected by the federal healthcare privacy law (HIPPA). Well, according to this document:

“HIPAA contains an express provision that, if information is covered by FERPA, it is not covered by HIPAA.

 …

In Pennsylvania, this means information about a child concerning a program administered by the state Department of Education and/or funded by the U.S. Department of Education is covered by FERPA. As long as this data flows upward from ELN into the K-12 PIMS system, HIPAA does not apply. “

Furthermore, the document states:

“… when a child enters kindergarten with a unique PA Secure ID already assigned by the Department of Education, the electronic record will indicate only that the child is already known to OCDEL. The ELN data system also collects Social Security numbers for children on a voluntary basis pursuant to the federal Privacy Act (5 U.S.C. §552a).”

But that was way back in 2010. Now we have HR 338 and revised Chapter 4 regulations which “prohibited the expansion of student and family data collection due to the Pennsylvania Core Standards.” That’s because they don’t have to expand anything. The system has already been set up and it’s not “due to the Pennsylvania Core standards” but due to the state’s information management department (PIMS) receipt of grant money from a federal organization (NCES), as noted above. In fact, Act 82 of 2012,  in Section 6, it reads:

“Section 221.1.  Moratorium on Certain Data Collection Systems and Data Sets.-

For the school years 2011-2012 and 2012-2013, the Department of Education and the Department of Public Welfare shall suspend the collection of data through Pennsylvania’s Enterprise to Link Information for Children Across Network (PELICAN) and the Pennsylvania Information Management System (PIMS) except as follows:…”

And a long list of exceptions follows that includes “any data pursuant to other Federal requirements to meet eligibility requirements for Federal Funds.”

And in the ‘Early Learning Challenge’ grant application, which was way back in December 2013, the Corbett Administration states:

“Pennsylvania uses the Pennsylvania Information Management System to manage student, teacher, and school level K-12 information. The Pennsylvania Information Management System, PELICAN, and certain data sets related to higher education are linked in the Statewide Pennsylvania’s Longitudinal Data System (SLDS) to collect child service and outcome information for students from birth to 20. Kindergarten child outcomes are linked to the PELICAN Early Learning Network through the SLDS virtual bridge.”

The ‘Early Learning Challenge’ grant application contains the following disclaimer wherever data collection is discussed:

“Pennsylvania will not expand the collection of child data fields and in accordance with the Family Educational Rights and Privacy Act will not collect personal family data due to the implementation of this Race to the Top – Early Learning Challenge grant.”

But what data fields already existed as part of the data system? As parents, we were never asked in the first place to have ANY of our child’s data placed into a ‘Birth and Beyond’ statewide database that tracks him/her and makes this information available to the government, “researchers” or anyone else for that matter.

A parent who signs up for any type of state or federal aid provides a whole host of “personal family data” in  exchange for the assistance, this includes the Free Application for Federal Student Aid (FAFSA) for college financial aid, grants, loans, etc. that parents are required to complete. There is a lot of information we voluntarily give to the government without even really thinking about it. Where is this data stored and who has access to it?

Next: Big Data & Privacy