Files remain in California Education Department’s custody after new ruling in the Morgan Hill Concerned Parents Association vs. California Department of Education case

By Hannah Parker

Online News Editor

The U.S. District Court Judge Kimberly Mueller ruled that the California Education Department will remain custody of student files on March 1 following her ruling on Feb 29 that student files would be securely transferred to the plaintiffs in the case of Morgan Hill Concerned Parents Association vs. California Department of Education.

The Morgan Hill CPA is a voluntary group of families and advocates that seek to provide disabled children in California a proper education. The case dates back to 2012, alleging that the CDE has neglected to ensure that the districts follow proper protocol when dealing with disabled children which violates the Individuals with Disabilities Education Act.

“The question of what Manhattan Beach Unified School District does to ensure that disabled children are provided an equal education is a huge question,” MBUSD Superintendent Dr Mike Matthews said. “However, the basic answer is that every child is entitled to a free and equal education no matter what. We will continue to look for ways to improve the education for all children, not matter their condition.”

Morgan Hill CPA is suing for the access to information pertaining to all students since 2008 data. They plan to use to data to indicate whether students of particular backgrounds are being denied services. Data from student files will include social security number, address, health records and more. CDE has denied the claims that Morgan Hill CPA has alleged.

“MBUSD does not have a opinion on the case,” Matthews said. “However, In my opinion and from a parent’s point of view, it was an overreach by the court and a breach of privacy.”

Mueller posted the Notice of Disclosure of Student Records on Feb. 1 which included the option to opt out of the data release by filling out the Objection to Disclosure of Student Information and Records form. The form was to be due by April 1, however due to the large negative response, Mueller ordered that CDE will remain custody of the files, nullifying the form.

“Now upon request lawyers can come and see for themselves which I think is a good compromise,” Matthews said. “The files are not being sent out anywhere so they are safer but this still allows plaintiffs to get information for their case which is a win-win for everyone.”

Matthews sent a letter to parents on Feb. 24 informing them on the availability of the objection form. Matthews followed up on March 9, sending another letter entailing the updates in the case and that the form would no longer be necessary for those who do not want their students’ information to be shared.

“I think it is so sad that people are so worked up over this case and so many people are fighting hard to prevent this study from happening,” Dr. and Manhattan Beach mom Sana Radville said. “I think any non profit organization who is trying to conduct a study that may benefit the disabled children, should be encouraged and provided the help needed. We need to be smart and help the people who are trying to help the disabled kids.”
California student files are stored in the sensitive database known as the in the California Longitudinal Pupil Achievement Data System. According to the California Education Code, these files can not be accessed by outside parties unless given authorization from the court.

“I am wholly opposed to my kids’ private information being disclosed to any organizations,” said Manhattan Beach mom Neysa DeMann. “However, I do hope that every family is able to achieve adequate educational rights, but without undermining every family’s right to privacy.”

According to Matthews, concerns were expressed about the sending of the Feb. letter, saying that it would have been for the betterment of the community if the letter was not sent. Despite the fact that the files will not be transferred to the Morgan Hill CPA, their lawyers will have access upon request according to the March 1 court order.

“Currently, MBUSD’s policy for assisting those who are disabled includes IDEA, a federal law that pertains to those that require special education and the 504 which tends to those with temporary disabilities,” Executive Director of MBUSD Special Education Megan Atkins said. “However, pertaining to this case I believe data in general is always a wonderful thing, for both sides. Access to data provides everybody with a clear mind on the topic so the best decision can be made.”