Eva Moskowitz and Success Academy charters found guilty of violating NY State student privacy Law

For immediate release: May 14, 2020

More information: Fatima Geidi, [email protected]  (646) 373-1344
Leonie Haimson, [email protected]; 917-435-9329

 

Eva Moskowitz and Success Academy found guilty of violating NY State student privacy Law

 

The Chief Privacy Officer of the NY State Education Department issued a ruling on Tuesday May 12 that Eva Moskowitz and Success Academy had violated Education Law 2d, the state student privacy law, that prohibits the disclosure of personal student information without parental consent except under specific conditions required to provide a student’s education.

In 2015 and thereafter, Success Academy officials published exaggerated details from the education records of Fatima Geidi’s son when he was attending Upper West Success Academy, and shared them with reporters nationwide.  They did this under Eva Moskowitz’ direction to retaliate against Ms. Geidi and her son, when they were interviewed on the PBS News Hour in 2015, about his repeated suspensions and the abusive treatment he suffered at the hands of school staff from first through third grade.

Ms. Geidi filed a student privacy complaint to the State Education Department in June of last year.  In response to her complaint, Success Academy attorneys made a number of claims, including that the statute of limitations had lapsed, that charter schools were not subject to Education Law 2D,  and that school officials have a First Amendment right to speak out about her child’s behavior.  All those claims were dismissed in the decision released yesterday by the NYSED Chief Privacy Officer, Temitope Akinyemi.

The State Education Department has now ordered Success Academy to take a number of affirmative steps, including that administrators, staff and teachers must receive annual training in data privacy, security and the federal and state laws on student privacy, that they must develop a data privacy and security policy to be submitted to the State Education Department no later than July 1, 2020, and that after that policy is approved, it must be posted on the charter school’s website and notice be provided to all officers and employees.

As Fatima Geidi said, “ I am happy that my son’s rights to privacy and hopefully all students at Success Academy from now on will be protected, and that Eva Moskowitz will be forced to stop using threats of disclosure as a weapon against any parent who dares speak out about the ways in which their children have been abused by her schools.  However, I am disappointed that the Chief Privacy Officer did not order Ms. Moskowitz to take out the section of her memoirs, The Education of Eva Moskowitz, that allegedly describes the behavior of my son.  I plan to ask my attorney to send a letter to Harper Collins, the book’s publishers, demanding that they delete that section of the book both because it contains lies and has now been found to violate both state and federal privacy law.  If they refuse, we will then go to the Attorney General’s office for relief.”

Last year, the US Department of Education also found Ms. Moskowitz and Success Academy guilty of violating FERPA, the federal student privacy law.  The official FERPA findings letter to Ms. Moskowitz is here.  Yet Ms. Moskowitz launched an appeal of that ruling on similar First Amendment grounds, with the help of Jay Lefkowitz of Kirkland and Ellis to represent her in the appeal.  Lefkowitz is the same attorney who negotiated a reduced sentence for Jeffrey Epstein, the notorious child sex abuser, in a controversial plea deal in Palm Beach County in 2007. Though Ms. Geidi has repeatedly asked the U.S. Department of Education about the outcome of this appeal, she has heard nothing in response.

As Leonie Haimson, co-chair of the Parent Coalition for Student Privacy, pointed out: “Fatima’s son is not the only child whose privacy has been violated by Success Academy.  Last year, Success shared details from the private education files of Lisa Vasquez’ daughter with reporters from  Chalkbeat without her consent, after Ms. Vasquez spoke about how her daughter had been unfairly treated at Success Academy Prospect Heights.  The SUNY Charter Institute also noted unspecified violations of FERPA by SAC Cobble Hill, SAC Crown Heights, SAC Fort Greene, SAC Harlem 2, and SAC Harlem 5 during site visits, noted in their Renewal reports.  The time for Eva Moskowitz to comply with the law and stop violating the privacy of innocent children whose parents dare to reveal her schools’ cruel policies has long passed.”

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A model Google contract that has strong student privacy protections

We have received many questions from parents and teachers  over the last few weeks concerned about the privacy practices and policies of the various ed tech tools and programs being adopted hurriedly by schools and districts in the wake of the coronavirus crisis.  One of the most widely used programs, even before many schools were shut down, was Google classroom or G-suite.

We just received a copy of the model G-suite contract that upstate NY administrators negotiated this fall with Google that complies with NY State’s student privacy law, Education § 2-d.  Because of the relative strength of this law, New York state received a B-, the second highest grade of any state in our state privacy report card, .

Parents in NY and elsewhere should ask their districts for a copy of their contract with Google Suite to see if it includes the same or similar privacy-protective provisions.  If not, ask why, and whether their district could negotiate a similar contract, or if in NY State, simply opt into this one.  If your NY district refuses to make available the contract upon request, you should remind them that they are required to post all contracts online that allow for the disclosure of student data, according the regulations promulgated by NY State Education Department in January.

BOCES model contract with Google – G Suite 19-20

BOCES district Opt-In – Erie1 9.3.19

How to safeguard your family’s health while they use screens and digital devices

by Cindy Eckard, reposted from Screens and Kids

Some basic measures could help protect your family from avoidable aches, strains, eye health impacts and sleep disruptions while using the schools’ digital devices at home. Some of the following suggestions also relate to the potential for these devices to cause fires. Be careful.

This is not to be construed as medical advice. Consult your device manufacturer for explicit safety warnings and instructions.

However, the following suggestions have been culled over several years from a variety of professional sources identifying a broad number of associated health risks:

Princeton Univ. (ergonomics; eyestrain)
HP’s health & safety warnings
Dell’s health and safety warnings
The Sleep Foundation (blue light & sleep)
Johnson & Johnson Vision (myopia)
Prevent Blindness (blue light)
American Heart Assoc.  (kids’ screen time)
World Health Org. (gaming disorder)
OSHA/NIH (ergonomics checklist)
Oregon OSHA (improving work spaces)
Cornell University (children’s ergonomics)

Hewlett Packard’s information is extensive, and includes helpful videos – it’s a very good resource.

According to Dell (a Chromebook manufacturer) laptops were never designed to be safe full-time workstations – they require modification to make them ergonomically safer.

1. The screen should be just below eye level. Depending on the height of the user and the relative height of the surface the device is resting on, it’s likely you’ll need a monitor stand to raise the screen to the proper level.

OSHA/NIH Graphic

This lightweight, inexpensive, adjustable, folding monitor stand can be found on Amazon. It easily adjusts to the height of any user.

2. Once the monitor is raised to the correct height, the keyboard is at an awkward angle, so an external keyboard is recommended, along with a mouse (not a scratchpad).

There are many options available – here is a lightweight, inexpensive external mouse and keyboard.

Now your laptop can be used in a manner that experts suggest might help you and your child avoid discomfort or injury.

DO:
1. Sit up straight at a table or desk, with feet flat on the floor
2. Keep arms at 90-degree angle
3. Adjust the device so that the top of the monitor is just below eye level
4. Keep monitor at least 15″ from the face
5. To prevent glare, set up workstation perpendicular to windows (remove light sources from directly in front of, or behind, the monitor)
6. Blink. Keep blinking. Remind your kids to blink.
7. Take frequent breaks – stretch, get a drink of water… dance!
8. Turn off devices around sundown
9. Remove all devices from bedrooms at night
10. Consult your device manufacturer’s health and safety warning documentation

DON’T:
1. Use devices on laps, or place on beds or cushions
2. Have screen closer than 15″ from face
3. Look down at screen, or use device lying down on bed, couch or floor
4. Sit on feet, or sit slouched over device
5. Work for more than 30 minutes without a stretch/water – or dance!- break
6. Stare into monitor without blinking
7. Allow young kids to use devices without supervision, or rely on devices to keep kids occupied
8. Stay on devices – or allow kids to – close to bedtime
9. Put light source in front of or directly behind monitor
10. Allow or require kids to use devices without offering alternatives

As we all face unchartered waters in the coming days and weeks, it’s especially important that our children have the benefit of every health and safety protection we can give them.

Cindy Eckard
@screensandkids

Montgomery MD parents ask, is our children’s privacy safe when they use Google classroom?

Many districts are now using Google classroom and Chromebooks for remote instruction while schools are closed.  Below is a sample letter for Montgomery County (MD) Safe Tech Subcommittee of MCCPTA’s Health and Safety Committee, that they are encouraging parents  to send to their district to ensure their children’s privacy while using this program.

As MCPS diligently works on distribution of Chromebooks for remote learning should school be closed longer than two weeks, I, along with the MCCPTA Safe Technology subcommittee, urge MCPS to take important precautions to protect our children’s personally identifying information as part of the roll-out. Here’s why:

As you know, we’ve been trying for over half a year to secure verification from Google that our student’s data has been deleted in accordance with the Data Deletion Day policy we worked with MCPS to develop. Without any visibility into the contracts between MCPS and Google, we have no idea what Google’s obligations are with regard to our student’s data: whether, how, and when they share and use this data.

Further, the New Mexico Attorney General’s Office filed a lawsuit against Google for deceptive trade practices in terms of how it collects, shares and uses student’s personal data. The suit alleges that “children are being monitored by one of the largest data mining companies in the world [Google], at school, at home, on mobile devices, without their knowledge and without the permission of their parents.” The New Mexico AG finds that once Google accumulates student data, it shares it across all of its business segments “for its own commercial purposes” despite having promised to use it only for educational purposes.

Up until last week, kids currently only used Chromebooks in school for limited periods of time, thus exposing only a limited amount of information to Google. Once we allow students to use Chromebooks at home, they’re likely to use them for school work for exponentially more time — given social distancing, no teacher oversight, etc. This will turn the small spigot of information that currently flows to Google into a virtual fire hose.

Prior to rolling out the Chromebooks for home-based learning, MCPS must require a written promise from Google stating that they segregate student usage information from all of their other lines of business; do not share, or otherwise utilize this data for any other purpose other than to provide the educational services; will delete all student data collected during this national crisis at the end of the current school year.

Google is required to protect our children’s data under their current contract with MCPS. They would be negligent to deny this request, and ‘crisis capitalists,’ as well.

We look forward to working with you on this. As you know, my experience in the cybersecurity arena is long and deep. I have additional experience as a first responder and know the value of being prepared and staying ahead of potential damage and threats to communities. I feel strongly that we do this now, and offer my continued assistance.

Sincerely, [sign here]

Advice to parents on maximizing privacy & minimizing screen time while your child’s school is closed

For the millions of parents whose children’s schools are closed, here is some advice on trying to minimize the risks from your children’s overuse of screens, and to maximize their privacy if they are using ed tech apps.

Privacy

Many ed tech programs are neither private nor secure; they collect and share children’s personal data, often without your knowledge or consent.  This 2018 US Dept of Ed guidance has said that schools cannot require parents to agree to the terms of online apps or programs if they violate federal privacy law.   Ransomware, hacking, and identity theft also increase when using online programs, as the FBI has warned .  Generally,  your child’s data can only be used only for educational purposes, and the app’s privacy and terms of services should clearly say this.

For more specific advice on  what federal student privacy law requires and red flags to look for in reading a privacy policy,  check out our Parent Toolkit for Student Privacy.   Teachers should consult our Educator Toolkit .  If you sign your children up for an online program,  better to use one that does not require you to create an account or offer any personal information.  If you must, use an alternative email address  for the that you can later delete, and do not provide any personal information  that you would not like shared with others.

Many schools  and colleges are using Zoom.  Be aware that EPIC filed a privacy complaint against Zoom for intentionally allowing web cameras to be operated without users’ knowledge or consent.  You might consider keeping a band aid or other removable sticker on your computer’s web camera until you or your child intends to use it.  Its standard privacy policy, according to Future of Privacy Forum, allows targeted advertising, which violates FERPA and many state student privacy laws.  UPDATE:  Jitsi has been recommended to me to use for video conferencing; it’s free, open source and doesn’t require you make an account first .

When considering applications and tools for remote online learning, you can also check out the privacy reviews of specific apps and programs on Common Sense Media or the AppCensus, which analyzes Android apps.

Limits on screen time

World Health Organization guidelines  advise that children aged between the ages of 2 and 5 should be limited to no more than an hour of screen time per day. Older kids are not immune to health risks: myopia, sleep loss, screen addiction, ADHD and more have been linked to excessive screen use.  The more  time teenagers spend on computers and social media has also been correlated with higher rates of depression.

Some experts advise two hours of screen time maximum per day for the oldest kids, with frequent breaks; including blocks of time where they can chat online with their teacher or classmates.

In truth however, many children do not have access to devices and broadband to make online instruction a practical reality, and there is growing consensus that  it is NOT an effective educational method.  Most students enrolled in online schools actually regress in terms of learning.  More reasons why we are skeptical of online learning in general are explained in this NPE guide, What Every Parent Should Know about Online Learning.

Alternatives to online learning

In my opinion and that of some teachers I have consulted, rather than having your children sit at computers to do schoolwork would be to for their teachers to send them homework in written form, if possible.  Or you could purchase workbooks.

Personally, I have found Singapore math workbooks to be excellent.  As for reading, you could ask your children to choose a book to read for one half hour to an hour every day, depending on their age, and ask them to write something about what they’re reading or keep a diary of their time spent during this period.

As long as they maintain “social distancing”, take your children go outside every day or have them exercise inside.  Put on some music and dance! 

Try not to worry if your kids aren’t spending much time studying.  Don’t be concerned about the state tests either. The US Department of Education has issued guidance that states and districts where schools are closed for long periods can submit applications to waive or postpone their mandated tests this year.

For more screen-free ideas and updates, check out the advice from the Campaign for Commercial Free Childhood  Liat Olenick, NYC teacher, has provided valuable ideas on Twitter on how teachers and schools can support families during extended periods of closure.