A Call for the NH Attorney General to Investigate Student Data Mining

This week I sent a public email to New Hampshire Governor Chris Sununu and New Hampshire Attorney General Gordon MacDonald urging MacDonald to investigate student data mining occurring in the state of New Hampshire:

Dear Governor Sununu,

I am contacting you on behalf of children in the state of New Hampshire about the data mining and the release of personally identifiable information which includes mental health social, emotional, and behavioral data.  Our children are being universally diagnosed for mental health interventions in the classrooms of New Hampshire. These techniques are widespread in our state without giving parents informed written parental consent and any disclosure of harmful effects.

I have included in this letter an attachment with questions to the Commissioner of Education and the Attorney General concerning the legality of psychological and psychiatric assessments and treatment in violation of the Protection of Pupil Rights Amendment and SEC. 4001 in ESSA, for Parental Informed Written Consent. Mental health identification and interventions in social, emotional, and behavioral programs are being initiated WITHOUT informed written parental consent. Many marketing propaganda materials are used to “engage” parents to agree to these conditioning concepts without truthfully explaining the appropriate meaning to such techniques and the future impact of their children with mental health coding on their records.

I have attached a list of possible violations that must be investigated to sort out the illegalities of data mining, data sharing and mental health treatment that is being implemented in New Hampshire without the informed written consent of parents.

I am also including information from correspondence between myself, school administrators in New Hampshire and, researchers at Plymouth State University.  They will reveal the practice of assessing, diagnosing, treating children and sharing this sensitive data with vendors and researchers.

Teachers in New Hampshire have revealed to me their discomfort with their new role and admit, they are not educated or qualified to treat students.  Yet, that’s exactly what they are now required to do in the name of social and emotional learning.

With the recent passage of the amendment to the New Hampshire Constitution that states,  “An individual’s right to live free from governmental intrusion in private or personal information is natural, essential and inherent,” this also applies to students attending public schools in New Hampshire.

I am requesting that you intervene immediately.  Please request that the Attorney General call a halt to educational data mining activities, and force compliance with all privacy laws for the protection of our children in New Hampshire. Informed written parental consent must be initiated, with penalties for violating our children’s’ privacy through data mining or sharing of personal information.

I will be looking forward to your reply,

Ann Marie Banfield
Education Liaison, Cornerstone Action


Violations of Privacy Laws and Data Mining Personal Data on Children

Data Tracking: Collection of PII (Personally Identifiable Information) on babies, children, and teachers identified with a unique national ID, contracted by Institute for Educational Sciences, NCES/IES. Compliance to Obama’s FERPA Executive Order 12866 expanding FERPA to collect and share data.

Data Trafficking: Release Of Personally Identifiable Information, PII, to 3rd Party Contractors: State DOE’s and local schools are able to enter into written agreements with businesses, foundations, higher education, and other Departments, releasing PII because of the loopholes in FERPA, (Family Education Rights and Privacy Act) that redefine school officials. PII, Social,Emotional Behavioral Data, and “womb to workforce” data, is freely given to 3rd party contractors through written agreements contracted by each state DOE.

Treatment, Interventions, Psychological Abuse: ESSA mandates PII collected on attitudes, values, beliefs, and dispositions (grit) carried out by IDEA (Individuals with Disabilities Education Act). All students, birth through college-aged students are identified under Title I for social, emotional, and behavioral change, Child Find. Techniques defined in ESSA include mental health interventions: Positive Behavior intervention and Supports, Response To Intervention, Multi-Tiered System Of Supports, Universal Design For Learning which are performed WITHOUT informed written parental consent.

Privacy Violations: Sharing and Re-Disclosure of PII continues, including data collected on attitudes, values, beliefs, and dispositions, without the knowledge or consent of parents. Directory information is cross-referenced with a unique national ID aligned with teacher collected social/emotional behavioral data collected on the local level. No privacy disclosures are used. Children are being used as a commodity.

Violations Under ESSA, Protection of Pupil Rights Amendment, PPRA: Violations under Title I school-wide through the use of psychiatric, psychological examination, assessment, evaluation, or testing; Psychiatric or psychological treatment/interventions deceptively used in classrooms without the knowledge, disclosure, or written permission of parents. ESSA forbids mental health screening without consent, yet the abuse continues.

Civil Rights Violations: Interventions, treatment, and re-education of attitudes, values, dispositions, and beliefs of children are profound violations of 1st Amendment protections of our God-given right to “right of conscience” and the 4th Amendment protection of our God-given right “to be secure in their persons.”
                                                                                            
Public Law 103-33, General Education Provisions Act, Sec 438: Federal Government is supervising and directing curriculum creating a “model national curriculum” and a national test. NCES/IES evaluates and monitors students, teachers, funding, principals, schools, districts, and states for mental health data.

Malpractice and Maltreatment of Children and Babies by Teachers and Preschool Caregivers: Teachers/preschool caregivers, (exceeding their professional certifications), are required to screen, evaluate, perform anecdotal behavioral assessments, conditioning, and implement mental health remediation of the child’s attitudes, values, beliefs, and dispositions called social, emotional learning to comply with global initiatives under ESSA. Standards defined by Department of Labor SCANS Report, create the process of  “supply-chain management to humans.” This system sets up schools to begin Medicaid reimbursements. All Illegal.