Report Back: Rochester City School Board Meeting on Student Privacy and Military Recruiters

--Amid charges of insubordination, Rochester City School Superintendant Brizard backtracks from district plans to release student information to military recruiters without parental consent. --Continued threat from military and administration to pressure school board policy change to accommodate military recruiters despite clearly articulated opposition from students, parents, veterans, legal experts and community members at large. --Expect contentious process as administration and military officials appear to launch pressure campaign on school board for policy change in upcoming weeks. <!--break--> The Rochester school board meeting last evening was very, very long. The threatened change to board policy regarding release of student information to military recruiters was on the “new business” agenda. The board’s existing policy requires that parent’s written permission is required for release of information to the military. Superintendant Brizard violated board policy this year with a parent letter stating that if parents did not return the release form by February 6, their child’s information would be given to military recruiters. This new “default” mode, handing over student information to the military without parental consent, violated existing board policy. During the public comment time more than a dozen people spoke in favor of maintaining the current policy which protects privacy – students from Students for a Democratic Society, parents, several veterans including three Iraq Veterans Against the War members, parents of soldiers, the director of the local NYCLU and members of antiwar groups presented diverse perspectives on why changing the existing policy would be harmful for students. There were only two speakers who spoke about how joining the military was good for their now-adult-children and appeared to support giving recruiters open access to student data without parental consent. There were approximately eight uniformed military recruiters present, but none of them spoke publicly. The recruiters were, however, making themselves available for media interviews outside the meeting room. The board discussion on the student privacy issue did not come up until hours later in the “new business” section of the meeting. Many of the parents, students, community members and news reporters left before the 10pm discussion started. Board members Brennan and Powell made clear to the Superintendant at tonight’s meeting that it is their view the District has been in violation of the board’s policy on student privacy. Brennan emphasized the letter described above, which stated the district would be releasing students’ information in the absence of parental consent. Powell pointed out that the district has not been sending out the “opt in” forms which, per board policy, should be sent out with emergency contact forms at the beginning of each school year. Brizard responded by saying that board policy is in contradiction with federal law (No Child Left Behind Act, which has a clause in it that requires federally funded schools to turn over contact/academic/extracurricular information about students). Brennan stated that the NCLB act section on military student data is not settled law. The NYCLU argues that NCLB is unconstitutional on privacy grounds. Van White further explained that there are conflicting federal laws – there is a law that requires student information be treated confidentially, and the NCLB provision which contradicts it. Commissioner White also gave an eloquent and compelling speech about the human toll of the Iraq and Afghanistan wars and about disproportionate military service from poor and minority communities. He concluded that based on the extreme risks and dire consequences of unfair targeting of children for military recruitment, balanced with the very remote chance the district would be penalized financially, the correct position is to maintain the board’s current protective policy. Interestingly, Superintendant Brizard blatantly contradicted his own prior assertion. He stated last week that “others who have refused have had to forgo millions in Title I aid from the federal government.” Tonight he reported that his staff did extensive research of schools in Monroe County and throughout the nation. He reported that not one single school district has failed to comply with NCLB. He emphasized having researched the situation in San Francisco where he noted a “difficult” public – according to the Superintendant if any district might be expected to be noncompliant it would be San Francisco. In a further contradiction to his earlier claim, he reported tonight that no districts have been sanctioned for not complying with NCLB because no districts have tested for sanctioning by being noncompliant. School Board President Malik Evans appeared to support Superintendant Brizard’s position that Rochester is out of compliance with federal law and that Rochester is unique in failing to give student data to the military. Another board member reminded everyone that Commissioners Evans and Brennan were among the unanimous voters who set the current policy protecting our children’s privacy. Cynthia Elliott, Chair of the Policy Committee, continues to push for changing policy to give information to the military with or without parental consent. Commissioners Williams and Campos did not clearly state any disposition on the policy, although Williams chastised Willa Powell for discussing the issue privately and extensively with Superintendant Brizard. While Willa Powell has been a leader in defending the existing policy that puts privacy and informed consent first, there was a statement made tonight that warrants further elaboration. She suggested the District should seek to implement a plan to get more “affirmative consent” from parents – it was not completely clear to me whether this means trying to get more parents to fill out the form however they want, or whether it means she wants to get more parents to answer affirmatively, i.e. “yes” send my child’s information to the military. Superintendant Brizard argued his intention for the district to “comply” with federal law, despite reasonable doubts about whether that law is in fact settled, despite clearly articulated wishes of parents and community members regarding our children’s’ best interests, despite the absence of any school district in the Unites States ever having been sanctioned for local “noncompliance” with NCLB, and despite existing, deliberated school board policy that clearly and reasonably describes how to handle this issue. Brizard seemed to apply pressure to the board, stating that earlier in the day military personnel called the district again to demand student information as required by law. (But see Rochester Democrat and Chronicle article, http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=2009902260348 reporting that Marine officials were making a limited request -- seeking phone numbers for the student names the district had provided. The report indicates that the military officials acknowledge local control over how student information is released to them.) The existing Board policy stands for now, and Superintendant Brizard did affirm that the district will not release information to the military until the policy is changed by the board, another about-face from the district’s position last week. The next step is for the board to review a written proposal to change policy, to have a board business meeting that will be devoted to discussion of this issue. Then, thirty days after that, the board would reconvene to vote on proposed changes.

<p> --Amid charges of insubordination, Rochester City School Superintendant Brizard backtracks from district plans to release student information to military recruiters without parental consent.<br /> --Continued threat from military and administration to pressure school board policy change to accommodate military recruiters despite clearly articulated opposition from students, parents, veterans, legal experts and community members at large.<br /> --Expect contentious process as administration and military officials appear to launch pressure campaign on school board for policy change in upcoming weeks.</p> <!--break--><p>The Rochester school board meeting last evening was very, very long. The threatened change to board policy regarding release of student information to military recruiters was on the “new business” agenda. The board’s existing policy requires that parent’s written permission is required for release of information to the military. Superintendant Brizard violated board policy this year with a parent letter stating that if parents did not return the release form by February 6, their child’s information would be given to military recruiters. This new “default” mode, handing over student information to the military without parental consent, violated existing board policy. </p> <p>During the public comment time more than a dozen people spoke in favor of maintaining the current policy which protects privacy – students from Students for a Democratic Society, parents, several veterans including three Iraq Veterans Against the War members, parents of soldiers, the director of the local NYCLU and members of antiwar groups presented diverse perspectives on why changing the existing policy would be harmful for students. There were only two speakers who spoke about how joining the military was good for their now-adult-children and appeared to support giving recruiters open access to student data without parental consent. There were approximately eight uniformed military recruiters present, but none of them spoke publicly. The recruiters were, however, making themselves available for media interviews outside the meeting room. </p> <p>The board discussion on the student privacy issue did not come up until hours later in the “new business” section of the meeting. Many of the parents, students, community members and news reporters left before the 10pm discussion started. </p> <p>Board members Brennan and Powell made clear to the Superintendant at tonight’s meeting that it is their view the District has been in violation of the board’s policy on student privacy. Brennan emphasized the letter described above, which stated the district would be releasing students’ information in the absence of parental consent. Powell pointed out that the district has not been sending out the “opt in” forms which, per board policy, should be sent out with emergency contact forms at the beginning of each school year. Brizard responded by saying that board policy is in contradiction with federal law (No Child Left Behind Act, which has a clause in it that requires federally funded schools to turn over contact/academic/extracurricular information about students). </p> <p>Brennan stated that the NCLB act section on military student data is not settled law. The NYCLU argues that NCLB is unconstitutional on privacy grounds. Van White further explained that there are conflicting federal laws – there is a law that requires student information be treated confidentially, and the NCLB provision which contradicts it. Commissioner White also gave an eloquent and compelling speech about the human toll of the Iraq and Afghanistan wars and about disproportionate military service from poor and minority communities. He concluded that based on the extreme risks and dire consequences of unfair targeting of children for military recruitment, balanced with the very remote chance the district would be penalized financially, the correct position is to maintain the board’s current protective policy. </p> <p>Interestingly, Superintendant Brizard blatantly contradicted his own prior assertion. He stated last week that “others who have refused have had to forgo millions in Title I aid from the federal government.” Tonight he reported that his staff did extensive research of schools in Monroe County and throughout the nation. He reported that not one single school district has failed to comply with NCLB. He emphasized having researched the situation in San Francisco where he noted a “difficult” public – according to the Superintendant if any district might be expected to be noncompliant it would be San Francisco. In a further contradiction to his earlier claim, he reported tonight that no districts have been sanctioned for not complying with NCLB because no districts have tested for sanctioning by being noncompliant. </p> <p>School Board President Malik Evans appeared to support Superintendant Brizard’s position that Rochester is out of compliance with federal law and that Rochester is unique in failing to give student data to the military. Another board member reminded everyone that Commissioners Evans and Brennan were among the unanimous voters who set the current policy protecting our children’s privacy. Cynthia Elliott, Chair of the Policy Committee, continues to push for changing policy to give information to the military with or without parental consent. Commissioners Williams and Campos did not clearly state any disposition on the policy, although Williams chastised Willa Powell for discussing the issue privately and extensively with Superintendant Brizard. </p> <p>While Willa Powell has been a leader in defending the existing policy that puts privacy and informed consent first, there was a statement made tonight that warrants further elaboration. She suggested the District should seek to implement a plan to get more “affirmative consent” from parents – it was not completely clear to me whether this means trying to get more parents to fill out the form however they want, or whether it means she wants to get more parents to answer affirmatively, i.e. “yes” send my child’s information to the military. </p> <p>Superintendant Brizard argued his intention for the district to “comply” with federal law, despite reasonable doubts about whether that law is in fact settled, despite clearly articulated wishes of parents and community members regarding our children’s’ best interests, despite the absence of any school district in the Unites States ever having been sanctioned for local “noncompliance” with NCLB, and despite existing, deliberated school board policy that clearly and reasonably describes how to handle this issue.</p> <p>Brizard seemed to apply pressure to the board, stating that earlier in the day military personnel called the district again to demand student information as required by law. (But see Rochester Democrat and Chronicle article, <a href="http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=2009902260348">http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=2009902260348</a> reporting that Marine officials were making a limited request -- seeking phone numbers for the student names the district had provided. The report indicates that the military officials acknowledge local control over how student information is released to them.) </p> <p>The existing Board policy stands for now, and Superintendant Brizard did affirm that the district will not release information to the military until the policy is changed by the board, another about-face from the district’s position last week. The next step is for the board to review a written proposal to change policy, to have a board business meeting that will be devoted to discussion of this issue. Then, thirty days after that, the board would reconvene to vote on proposed changes.</p>