<p>I apologize if this post is in the wrong forum; this is the best I could find. Please feel free to move this post if it is not in the correct forum.</p>
<p>My public high school does two things with college admissions records:</p>
<li><p>They publish them in a “College Book” which, for each college, “anonymously” lists applicants(i.e. no name or number is specified for each entry), with SAT scores(separated out to M/V/W), and GPA, along with the decision the college made.</p></li>
<li><p>They publish the same data on Naviance.</p></li>
</ol>
<p>Now, I’m very curious to see if this is legal. It is extremely easy to separate the data into applicants(with the SAT scores alone, you could easily separate out 99% of applicants), determine the GPA of a student, and determine where the student applied(vice versa). Thus, if you know just one tidbit of information(student X applied ED to school Y), you can almost definitely find out the student’s GPA and SAT scores. Likewise if you know the SAT scores of student X, you can find out the GPA and where the student applied/was admitted. Considering that most students(myself included) are not at the age of consent(to give permission to use our data in these books/websites), how can it be legal for the school to publish possibly identifying data pertaining to me without my parent’s express written consent?</p>
<p>Is anyone aware of legal precedents in this matter? Have any cases been filed against schools for collecting such data?</p>
<p>That's an interesting question; I had a similar situation in grad school; examples of who got financial aid were posted on the bulletin board outside the FA office - ie "Student X is a single 26 year old with $5,000 in savings..." and because of a unique circumstance it was very obvious that Student A was me! So anyone who looked knew my income and assets...</p>
<p>Our school uses Naviance, but no scores/GPAs are posted until at least 6 students have applied. Yes, often times you can "guess" who a person is based on knowing one or two facts. Please talk to your guidance counselor about this because I'm sure he/she can block certain colleges with the fewest applicants. Our school has been using Naviance for 3 years so many schools have dozens of stats on the chart. Personally, I think it's a very helpful tool.</p>
<p>Newjack88: Got any support for that(i.e. related cases, dealing with public schools)? Has anything like this been appealed to the supreme court?</p>
<p>
[quote]
how can it be legal for the school to publish possibly identifying data pertaining to me without my parent's express written consent?
[/quote]
well you volunteer all of the information that goes into these things. i would think that at one time or another your parents signed something that allows your school to use your data. (i mean schools even ask students' parents for permission to take pictures.) plus i don't think that you own your school records. i mean you don't even have direct access to documents like your transcript.</p>
<p>
[quote]
Thus, if you know just one tidbit of information(student X applied ED to school Y), you can almost definitely find out the student's GPA and SAT scores.
[/quote]
i disagree, at least with Naviance, it's VERY difficult to figure out who is who on these databases. in order to identify someone you'd have to already have pretty personal information to begin with and, more importantly, access to that school's naviance database. thus, access to this sort of information is already severely limited.</p>
<p>Newjack88:
Interesting points, but:
1. I don't ever recall myself or my parents getting a form that asked if it was OK to disclose data about me. Pictures, yes, but data no.</p>
<ol>
<li><p>True, you don't "own" your transcript, but the public school cannot(or should not) be able to post your transcript all over the high school. It's private information. Just like the IRS doesn't (to my knowledge, anyway) make all income tax returns public. With a private school, this might be a different situation, but seeing as the public school is just another arm of the government, you should have the right to privacy.</p></li>
<li><p>I'd disagree on the fact that it's impossible to get decent data. Well, Naviance may be a pain to get data from(though definitely possible), but my school's college book makes it VERY easy(any other schools have similar items?).</p></li>
</ol>
<p>^^^
i think that by going to the school you are agreeing with these practices though. plus, the schools don't give out any personal information about you. people would only be able to figure out your identity if you went around telling people where you applied, what your test scores were, what your GPA was, etc.</p>
<p>I too, have a problem with public schools using private information this way. Although the GC will have access to your GPA and SAT scores (according to toledo, however I think you can decline to send your ACT scores to your hs), I don't see how the GC would know whether a student had been accepted to or rejected by any college unless the student disclosed that info to the GC.</p>
<p>[I'd also be interested in confirmation that SAT scores are required to be sent to the hs.]</p>
<p>Its unlikely that mere attendance at a public school implicitly authorizes the school to divulge any of your private information in any form without your express consent. I agree with OP's position and believe a challenge is in order.</p>
<p>Two interesting things from the FERPA Part 99(Section</a>) on so called "studies" being done WITHOUT written consent:</p>
<p>"(A) The study is conducted in a manner that does not permit personal
identification of parents and students by individuals other than
representatives of the organization; and
(B) The information is destroyed when no longer needed for the
purposes for which the study was conducted."</p>
<p>You could argue (A) is not true for naviance(or, more provably, a college book), since it IS possible to identify students if you know a small bit of information. Second, I'm not sure you could classify naviance/a college book as a "study," since the data is public, and since the school does not (appear to) analyze the data or produce any sort of formal report on it.</p>
<p>You could also argue that (B) is not true, since the information is never destroyed(it is retained on naviance's servers), and it would be hard to prove that a study continuously went on forever to a court.</p>
<p>Bay may be right about refusing to put a high school code on your ACT registration. ACT scores are sent directly so they don't need to be on your transcript. I don't think parents are asked to sign away any rights so you could have a case, but only if you never "leaked" your test scores, GPA, or where you were applying to anyone.</p>
<p>Hi: Maybe I can help....If I understand your concern properly. I will speak to Naviance posting the scattergrams on the website. It is up to the counselor to limit the display of the scattergram data if there are just a few data points for reasons that you discussed. Most schools will put a minimum of 5 plot points or data points on display. Any less and it is less reliable in that the sample is too small to make certain predictions. And some determinations can be made as to the identity of the students. Keep in mind a few things. One is that many schools post acceptance results in the student newspaper, bulletin boards and websites. They post the student names along with the name of the colleges that they will be attending. Some schools feel that this is something to display proudly and some schools feel that this level of information may make some students feel uncomfortable, so they don't publicize it.
There is an opt out policy in the Family Connection policy if a parent does not want their child to have an account. Yet very few choose to do this. Also, Naviance is compliant with FERPA and never discloses any information to outside parties. Lastly, based on the data displayed in the scattergram, the student’s identity is confidential. It only displays statistical information on a g.p.a. and SAT or ACT. If a student were to take a lot of time to investigate many different sources they may come up with some assumptions. The best feature about Naviance is that the counselor has great control over much of the program. If you have particular concerns, it would be fair to have a conversation with your counselor. Naviance has only the highest regard for student privacy and wants to make sure that all of the registered students feel safe and secure. I hope this helps. If not, let me know!</p>
<p>Joe Berry: It's not so much Naviance itself I'm concerned with as the school's use of Naviance. More specifically, the posting of data to Naviance should not be "opt-out," but "opt-in" with the required signature of the parent. The business of posting confidential data to a (somewhat) public place without consent is wrong, in my opinion. Naviance needs to have an explicit opt-in paper form filled out for consent to publish data which should be signed by both the student, parent, and guidance counselor with informed consent before any data is published about the student. </p>
<p>It's simply not enough to say "the guidance counselor can control the data"; it should not be published without explicit informed consent from the student, the student's parents, and the student's guidance counselor. The data is clearly identifiable in many ways and should never be posted without informed consent.</p>
<p>my school uses naviance. they solved the issue you bring up in your OP by not displaying data for colleges that had less than ten applicants from my school.</p>
<p>Mikesown, if anyone can tell whether or not you applied to a school from a scattergram with no names involved, then it is no ones fault but yours. You, your parents, and your guidance counselor are the only people that need to know what colleges you are applying to. If you limit this tidbit of knowledge to these few people, no one will be able to figure out if its you or not. Even if you tell your closest friends, who are probably trustworthy, the information is able to be kept confidential. </p>
<p>As for the legality of Naviance, there is nothing wrong with helping future students understand their chances, and you're pursuing a lost cause if you try to hold your school accountable.</p>