February 19, 2016
Dear Parents and Guardians,
I want to let you know of a 2012 lawsuit against the California Department of Education (CDE) and how that could potentially result in the limited release of your children's confidential information.
The plaintiffs in the lawsuit - Morgan Hill Concerned Parents Association and the Concerned Parent Association - allege that:
- local school districts are not complying with special education laws; and
- the CDE fails to monitor, investigate, and correct such non-compliance.
The CDE denies these allegations and is actively defending the litigation.
AUSD is not the subject of any of the suit's allegations. Nonetheless, the U.S. District Court has ordered the CDE to release all data it has collected on approximately 10 million general and special education students (including AUSD current and former students) since January 1, 2008. That data may include names, addresses, disciplinary records, health and mental health records, and, for some students, social security numbers.
The information will be released to the plaintiffs' attorneys, under supervision of a court monitor. The court has stipulated that the information cannot be used or released outside the context of this lawsuit. If you have concerns about releasing your children's data, however, you can file an Objection to Disclosure of Student Information and Records with the court. That form is available in English and Spanish. Once it is downloaded, printed, and filled out, it must be sent by mail to:
United State District Judge Kimberly J. Mueller
c/o Clerk of the Court
Robert T. Matsui United States Courthouse
501 I Street, Room 4-200 Sacramento, CA 95814
Attn: Document Filed Under Seal
The deadline for submitting objections to the court is April 1. The court will decide whether to grant the objection.
If you would like more information on this case and the mandated release of records, please go to: www.tinyurl.com/AUSD-recordsrelease. If you would like to receive future press releases, community bulletins, and other alerts from AUSD, please sign up on our home page.
Sean McPhetridge, Ed.D.
Superintendent of Schools