AB221

Nevada Assembly
Legislative Building
Assembly Education Committee, Room 4114
401 S. Carson St., Carson City, NV 89701

RE: AB221

Dear Chair Woodbury, V-Chair Stewart, Members: Armstrong, Dooling, Edwards, Gardner, Hickey, Shelton, Anderson, Diaz, Flores, Joiner, Munford, and Swank,

By way of introduction, ParentalRights.org/NEVADA is a group dedicated to preserving the right of parents to make decisions for their children. We are writing today with regards to AB221, scheduled to be heard in the Assembly Education Committee on Monday, March 23, 2015.

Parentalrights.org/NEVADA opposes AB 221 as written for several reasons, all of which underscore the fact that this bill will not protect pupils and their families. AB221 does not acknowledge the privacy rights of students nor does it restore control and protection of student data back to the pupil and his or her parents or guardians.

Two bills – AB221 and SB228 – are being discussed this session as solutions to student data privacy concerns, but in reality they are not the same. While AB221 focuses on protecting student data from unauthorized use and illuminates what data is collected and used for, it does nothing to address the enumerated points below, failing to limit government use and release of data for purposes other than the education of the child.
1. AB221 relies on FERPA for privacy protection. It is precisely the changes to FERPA in both 2008 and 2011 that allow a broader collection and sharing of data that require the state of Nevada to now address student privacy. FERPA is no longer effective in providing protection due to recent changes and as such, requires Nevada to define privacy laws to protect our children’s data.
2. AB221 allows sharing of data beyond the local school and district, including directory information and personally identifiable information. We believe student data should be collected, managed, stored, and maintained at the local level and should not be released or shared beyond school officials of the local school or district without written consent of the parent or legal guardian, or pupil if 18 years of age. Student information should never go beyond the local level without affirmative, informed parental/guardian consent with the exception of aggregate student data needed for funding purposes by the state.
3. AB221 does not address or acknowledge that the parent/guardian of a pupil owns and controls both the data and/or the release of data until a pupil reaches 18, at which time the pupil owns their data. This leaves an ambiguous void and allows room for privacy intrusion.
4. AB221 does not limit or restrict the type of data that may be collected. While it requires the data elements to be published, there are no limitations on what type of data may be included. Data collection should be restricted to purposes that facilitate the function of education.
While we appreciate the introduction of AB221, and its intent to protect data and privacy, the bill, in its entirety, falls short in addressing the root causes for data privacy concerns. If AB221 could be amended to comply with SB228, sponsored by Senator Gustavson, we would be in support of AB221, providing real protection for pupils and families.
AB221 is a non-partisan issue – we should all take the privacy and protection of Nevada children’s data seriously. We appreciate the opportunity to present our concerns and are willing to help with amending language as needed to address concerns. Please feel free to contact any of the ParentalRights.org/NEVADA Legislative Liaisons should you have further questions. Thank you for your consideration in this matter.
Sincerely,

Barbara Dragon
Elissa Wahl
Frank Schnorbus
Kelley Millard Radow
Ray Poole
Legislative Liaisons for ParentalRights.org/NEVADA

Letter to Assembly Education Committee

Letter from ParentalRights.org/NV to the Assembly Education Committee. This bill is about public student data systems and does not affect homeschooling. However, we are taking a stand against the bill because it does not protect the privacy rights of public school students. Please share with your public school friends and family.

If you feel led, you can “Share Your Opinion” on this bill with Legislators and/or write Assembly Education Committee members: ‘Melissa.Woodbury@asm.state.nv.us’; ‘Lynn.Stewart@asm.state.nv.us’; ‘Derek.Armstrong@asm.state.nv.us’; ‘Vicki.Dooling@asm.state.nv.us’; ‘Chris.Edwards@asm.state.nv.us’; ‘David.Gardner@asm.state.nv.us’; ‘Pat.Hickey@asm.state.nv.us’; ‘Shelly.Shelton@asm.state.nv.us’; ‘Elliot.Anderson@asm.state.nv.us’; ‘Olivia.Diaz@asm.state.nv.us’; ‘Edgar.Flores@asm.state.nv.us’; ‘Amber.Joiner@asm.state.nv.us’; ‘Harvey.Munford@asm.state.nv.us’; ‘Heidi.Swank@asm.state.nv.us’

ParentalRights.org/NEVADA
P.O Box 1090 Purcellville, VA * (540)751-1200 * info@parentalrights.org
N e v a d a

SB228 Call to Action

CALL TO ACTION

SB 228 “Pupil Information Privacy Protection Act” (PIPPA) is scheduled for a hearing this Friday, March 20th at 3:30 p.m. http://www.leg.state.nv.us/Se…/78th2015/Reports/history.cfm…

Agenda: http://www.leg.state.nv.us/Session/78th2015/Agendas/Senate/ED/Final/604.pdf

NHN is working with the bill sponsor, Senator Don Gustavson, on an amended bill to strengthen the language by protecting student information/data, including private school and homeschool students.

While the original bill is a good start, the sponsor believes it falls short in assuring that adequate protection of pupil records/data and will introduce an amended bill addressing:
• The right to information privacy for all pupils in this state; public, private or home schooled pupils
• A statement of purpose to information/records/data collected on pupils
• Ownership of and permitted use of pupil information/records/data
• Fiduciary responsibility for and breaches of pupil information/records/data

Please support the bill by going to the “Share Your Opinion” page, https://www.leg.state.nv.us/App/Opinions/78th2015/A/ .

Contact Senate Education Committee Members by fax, email or phone and tell them, “Nevada students deserve a strong records/data privacy protection bill”. All communication should of course be polite and courteous, these are our elected officials.

By Fax: Nevada Senate: 1-775-684-8533 or TOLL FREE 1-866-543-9941
You can fax individual letters to each committee member at this number or one letter to the Senate Education Committee with: Dear, Chari Harris, V-Chair Hammond, Members Gustavson, Lipparelli, Woodhouse, Denis, and Segerblom;

Senator Education Committee Members Phone & Email:
In the subject line write: SB 228 – Pupil Information Privacy Protection Act

Becky Harris – Chair Email: Becky.Harris@sen.state.nv.us Office Phone: 775-684-1421
Scott Hammond – Vice Chair Email: Scott.Hammond@sen.state.nv.us Office Phone: 775-684-1442
Don Gustavson Email: Don.Gustavson@sen.state.nv.us Office Phone: 775-684-1480
Mark Lipparelli Email: Mark.Lipparelli@sen.state.nv.us Office Phone: 775-684-1475
Joyce Woodhouse Email: Joyce.Woodhouse@sen.state.nv.us Office Phone: 775-684-1457
Moises (Mo) Denis Email: Moises.Denis@sen.state.nv.us Office Phone: 775-684-1431
Tick Segerblom Email: Tick.Segerblom@sen.state.nv.us Office Phone: 775-684-1422

Also please make plans to attend the hearing in either Carson City or Las Vegas. Locations are listed on the Agenda in the bill link.

NHN Officers
Frank Schnorbus, Chair; Elissa Wahl, V-Chair; Ray Poole, Secretary; Barbara Dragon, Treasurer;
Officers: Kelley Millard-Radow, Aaron Sutherland, Kristi Casaus, Matt Alder

Link to PDF copy of the following letter.

SB 126

Nevada Senate Education Committee Members
401 South Carson Street
Carson City, NV 89701-4707
Via Email to Committee Members

RE: SB 126 – Please Vote No, or Amend per request

Dear Chair Harris, Vice Chair Hammond, Senators Gustavson, Lipparelli, Woodhouse, Denis, and Segerblom;

By way of introduction, Nevada Homeschool Network (NHN) advocates for Nevada families who have chosen to direct the education of their children pursuant to NRS 392.070.

We are writing in regards to SB 126 – Revises provisions relating to education (BDR 34-408).
AN ACT relating to education; requiring the State Board of Education to prescribe quality and evaluation measures or early childhood education programs and prekindergarten programs provided at schools; requiring the State Board to prescribe surveys and assessments to identify certain pupils whose primary language is a language other than English or who are learning to speak two languages simultaneously; requiring certain pupils to be assessed and classified as limited English proficient or English proficient upon enrollment for kindergarten; and providing other matters properly relating thereto.

Senate Bill 126 would require the State Board of Education to regulate any early childhood education or prekindergarten program provided at a private, public or charter school in this state based on the recommendations of the Nevada Early Childhood Advisory Council. Senate Bill 126 would also require the State Board to prescribe surveys of pupils at the home in order to assess and classify the pupil as limited English proficient or English proficient.

SB 126 infringes upon the fundamental parental right and responsibility to direct the education of their child and increases governmental control of young children in this State. This bill also allows the government to invade the privacy of a citizen’s home in pursuit of information via an undefined survey. SB 126 is excessive in its scope, will adversely affect free-market PreK programs by offering free government “competition”, saddles private early childhood education programs with government regulation, and categorizes pupils unnecessarily.

We hold that:
1. Parents act in the best interest of the child with regards to choosing when, where and how their child is educated. In this bill private preschools would now be regulated by the State, abolishing the parental right to choose ECE programs that are not controlled by the State.
2. The Nevada Constitution (Article 11 Section 2) specifies the purpose of common schools is instruction but instruction in a school for very young children has been shown in many studies to have detrimental effects. Therefore, increasing State spending on pre-Kindergarten programs is not a wise use of tax-payer money. According to the Governor’s office, December 2014, the preschool population will increase by 58% over 4 years.
3. Early childhood programs for children birth through age 4 should solely be the parent’s responsibility.
4. Programs offered and regulated by the government that are at first “voluntary” often become “mandatory” in the future. NHN has testified against bills nearly every legislative session over the past decade, aimed to lower the compulsory attendance age from 7 to 6 or even 5 as was the case in 2013.
5. The Nevada Early Childhood Advisory Council is appointed by the Governor but does not include a single parent representative; clearly the input of parents regarding the early education of their child has been disregarded in this process and NRS 432A.076, adopted in 2013, is punitive to Nevada families.
6. Private early childhood education and preschool options should not be regulated by the K-12 public school system. Governor Jim Gibbons acknowledged that parents know what’s best for their children in his 2009 Veto of SB 378 that sought to establish provisions relating to certain early childhood education programs.
7. This bill also allows for government officials to invade private homes to identify children whose primary language is not English. The home is the sanctuary for the family. The state should not seek entrance to a home without warrant or probable cause of danger to a child or others in the home.

We’d again like to take this opportunity to direct your attention to a recent paper by Scott A. Woodruff, Esq., an attorney with the Home School Legal Defense Association refuting the need for government sponsored ECE programs. No Lasting Gains from Early Education or Preschool extensively documents the failure of early childhood education efforts to produce “lasting gains” in the educational experience of a child which would include both ECE programs, pre-Kindergarten as well as all-day Kindergarten. The paper contains the results of many sources of research, with each item summarized very succinctly and footnoted.

Based on the above, it is our request that you vote NO on this bill to minimize the expansion of formal early childhood academics which are shown by research to be detrimental, costly without benefit, and contrary to parental right.

However, if the Legislature decides that this bill is still necessary for funding and regulation of public ECE and PreK programs, NHN requests that the Senate Education Committee amend SB 126 as follows;

1 Section 1. Chapter 385 of NRS is hereby amended by adding
2 thereto a new section to read as follows:
3 The State Board shall prescribe by regulation quality and
4 evaluation measures for any early childhood education program
5 and prekindergarten program provided at [a private school or] a
6 public school, including, without limitation, a charter school. In
7 prescribing such measures by regulation, the State Board shall
8 consider the recommendations of the Nevada Early Childhood
9 Advisory Council made pursuant to subparagraph (4) of
10 paragraph (d) of subsection 2 of NRS 432A.076.
And in Section 2, page 3 :
1 prescribed by the State Board pursuant to this [paragraph.]
2 subparagraph;
3 (2) Prescribing a survey to be conducted [at the home] at a public or charter school of a
4 pupil that provides for the identification of pupils whose primary
5 language is a language other than English;
6 (3) Requiring the use of an appropriate assessment for the
7 identification of pupils who are dual language learners in:
8 (I) An early childhood education program;
9 (II) A prekindergarten program;
10 (III) Kindergarten; and
11 (IV) Grades 1 to 12, inclusive; and
12 (4) Requiring any pupil in an early childhood education
13 program or a prekindergarten program at a public or charter school identified as a dual
14 language learner to be assessed and classified as limited English
15 proficient or English proficient upon enrollment for kindergarten.

Parents are the best early childhood educators and efforts should be made to support this vital component of every child’s life without government direction. Thank you for your consideration in this matter.

Sincerely,

Frank D. Schnorbus, Chair Elissa M. Wahl, Vice-Chair

NHN Officers: Barbara Dragon, D. Raymond Poole, Kelley Millard Radow, Aaron Sutherland, Kristi Casaus

Internet address for:
Governor Gibbons’ Veto Message; https://www.leg.state.nv.us/Session/75th2009/Reports/VetoMessages/Veto_SB378_052809.pdf
No Lasting Gains from Early Education or Preschool; http://www.hslda.org/docs/nche/Issues/S/State_Early_Education.asp