Student information found on CASEMIS, CALPADS, SEEDS, and other CDE databases and networks going back to 2008 will soon be released to the plaintiffs in a 2012 lawsuit filed against the California Department of Education (CDE).
Before the CDE can release the records, parents and students must be given the opportunity to object to the release of their information. That objection form, and information on where to send it is attached, and it can be found here on the CDE’s website and must be received by April 1, 2016. Additionally, the attached forms have been reviewed by our legal counsel.
The suit, Morgan Hill Concerned Parents Association, et.al. v. CDE (Case # 2:11-cv-03471-KJM-EFB), filed by two parent organizations, alleges that the CDE is systematically failing to provide students with disabilities their statutory entitlement to a free and appropriate public education (FAPE). The court has ordered the CDE to release this information with a protective order that prevents the parties from disclosing confidential student information to anyone other than their attorneys, consultants, and the court.
Due to the technical complexity of releasing these records and searching the CDE databases, the court has appointed a special master who is an expert in computer forensics to oversee the production of CDE’s electronic databases that contain student information. A number of steps have been taken to ensure the security of student records, including requiring the plaintiffs to establish secure computer networks to hold the data, limiting the number of individuals who will search the data, and maintaining lists of the individuals who will have access to the data.