Freedom from Intrusive Data Collection and National Testing

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Freedom from Intrusive Data Collection and National Testing

States or school districts (or other entities listed below) may find relief from federally imposed data systems, such as the State Longitudinal Data System (SLDS), Tri-State Consortias, States Interoperability Frameworks (SIF) and federal systems such as the Common Education Data System (CEDS) without loosing federal funds.

Some states have presented bills that would diminish either the amount of data collected or limit data distribution of public, private and homeschool personally identifiable student information.   As states work out their bill language, it is important to note that federal funds cannot be suspended or terminated if a state or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution does not provide personally identifiable information on students or parents.  (1232i)

Additionally, under 1232j, federal law states that “no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.”  In other words, there shall be no federally sponsored national test nor pilot or field test.
Here’s the law!
WITHHOLDING FEDERAL FUNDS FOR REFUSAL TO SUPPLY PERSONAL DATA ON STUDENTS OR FAMILIES (1232i) and,
PROHIBITION ON FEDERALLY SPONSORED TESTING (1232j)
20 U.S.C.
United States Code, 2011 Edition
Title 20 – EDUCATION
From the U.S. Government Printing Office, www.gpo.gov
http://www.gpo.gov/…/USCODE-20…/html/USCODE-2011-title20.htm
§1232i. Limitations on withholding of Federal assistance
(a) Refusal to supply personal data on students or families
Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.
1232j. Prohibition on federally sponsored testing
(a) General prohibition
Notwithstanding any other provision of Federal law and except as provided in subsection (b) of this section, no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.
(b) Exceptions
Subsection (a) of this section shall not apply to the Third International Mathematics and Science Study or other international comparative assessments developed under the authority of section 9543(a)(6) of this title and administered to only a representative sample of pupils in the United States and in foreign nations.
(Pub. L. 90–247, title IV, §447, as added Pub. L. 105–277, div. A, §101(f) [title III, §305(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–374; amended Pub. L. 107–110, title X, §1062(4), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 107–279, title IV, §404(c), Nov. 5, 2002, 116 Stat. 1985.)

 

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