EdWatch Action's Alert of February 26^th identified and opposed two major new provisions that are in the bill: behavioral screening requirements and requirements for the sharing of individual student data with federal agencies. Dr. Karen Effrem was present and prepared to testify.

We are happy to report that the Department has indicated a willingness to respond to EdWatch Action's concerns about both the behavioral screening and the federal sharing of individual student data.  We appreciate their responsiveness. They have prepared an amendment to be introduced that will delete the entire section relating to behavioral screening. 

Regarding the sharing of data with the federal government, Dr. Effrem was given assurances from the Department staff that they intend to share only aggregate data, not individual data. Intentions are not the issue, however. The language of the law is our concern.

The fate of both of these provisions is uncertain at this time. No hearing has been scheduled in the House.

Both the Department and legislators must understand the following:

§         In Minnesota statute, "educational data" is defined as data on "individuals." It includes "data concerning immunizations, notations of special physical or mental problems and records of school nurses." It also includes "family data" and "data on parents." If the Education Department intends to share aggregate academic data only, the bill must specifically state that.

§         Behavioral screening and interventions, which do not close achievement gaps, can be avoided by focusing on strong academics.

§         Behavioral screening over-identifies poor and minority students who are already over-represented in special education.

§         Parental consent for behavioral or mental screening must always be a clearly stated requirement. A federal lawsuit by parents against a school district in Indiana is now underway as a result of the absence of such a requirement in Indiana.

Thank you for your involvement!!  PLEASE STAY TUNED!