May 2, 2008
Parent Post 1: Resolved.
I did receive a call from Mr. Robertson this evening regarding this. He stated that it was NOT a requirement for enrollment. I also did speak with Ms. Cornforth this afternoon on this. She explained that that process dated back to when the child’s ID was the SSN. There is now a numerical identifier for each student that is in theory, transferable with the student, even if the student changes districts, as long as it is within the State of Oklahoma.
Both were very helpful and very easy to approach on this issue. I was completely satisfied with their responses and enjoyed talking to them.
Ms. Cornforth also was very reassuring in that this information will be confirmed to the enrollment folks that the SSN’s and card copies are NOT required for enrollment.
I did find this interesting ; a school may be within their scope to ask for the students’ SSN, as stated in paragraph 1 below as a part of the students ‘education record’.
But……the Privacy Act of 1974 ( para.2 ). It states that a government agency cannot “deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number."
3d. USES OF THE SOCIAL SECURITY NUMBER
Is my child’s Social Security number (SSN) part of the education record?
Your child’s Social Security number is considered part of the education record, falling under the protection of FERPA. In a 1992 case brought by students against Rutgers University, the court confirmed that the SSN is an education record. It ruled that Rutgers must not list students’ SSNs on class rosters. (Krebs v. Rutgers, 797 F. Supp. 1246 (D.N.J. 1992))
Another federal law, the Privacy Act of 1974, also places limitations on uses of the SSN. It states that a government agency cannot “deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number." It also requires agencies to provide a SSN disclosure notice, stating whether or not disclosure is mandatory or voluntary and what uses will be made of the SSN. (Section 7 of the Privacy Act, 5 U.S.C. § 552a note)
The logical conclusion is that certain uses of the Social Security number by publicly funded schools would violate both FERPA and the Privacy Act -- such as identification cards, grade listings, or computer access. Unfortunately, many schools do not interpret the law this way.
If you do not want your child's SSN used for identification purposes, you should request that your school allow you to use an alternate number. If you meet with resistance, cite the law and be persistent.
For more information on using Social Security numbers in educational institutions, read:
A new law in California limits the display and disclosure of SSNs, including as student identifiers. The law went into effect for new students enrolling in private schools starting July 1, 2002. Public K-12 schools must comply for new students beginning January 1, 2004. Higher education institutions have additional time to comply with the law, from 2005 to 2007 depending on the type of institution (University of California, California State University, Community College system). (See California Civil Code 1798.85, and Senate Bill 25 (2003, Bowen), at www.leginfo.ca.gov.)
If you view the school as a government agency.
So it appears that the school may ask for it (SSN), but if you refuse to provide it, the school cannot refuse service (enrollment and attendance) because of it.
I guess it will just take time to capture and weed out the forms asking for the SSN’s.
Thanks so much.
Parent Post 2: So, if you decline to give them a copy of your settlement statement how did you get the kids in school? I declined and they would not give my kids their schedules. I had to give it to them in the end. However, we moved and I know we will face the same situation once again...any suggestions?
Our Reply: To Parent Post 1. We are happy that you received clarification from the school district and shared it with us. Thank you as well for the information you provided. It was very interesting. It may take time to clean up the forms but still I can’t figure out why they would ever ask for a copy of the actual card.
To Parent Post 2. It was 10 years ago when we were asked for our mortgage. We don’t exactly remember the details. But we stand firm that the school district does not need to know what we paid for our house, what our interest rate is, what financial institution we are using, and the details of our mortgage agreement. If we do remember correctly we asked the school to prove why they needed this information and we also said we couldn’t wait to hear what they would tell the State District Attorney as to why they we denying our children an education.
If it is all about proof of ownership they can go to the county’s website http://www.oklahomacounty.org/assessor/disclaim.htm and see that we are the listed homeowners for the address we provided. The truth of the matter is a copy of a mortgage agreement does not guarantee residency. For all they know we could have taken out a mortgage to buy a rent house at that address. The only true proof of residency is to come to the house and see who lives there. The school district is welcome to come to our house anytime they want. If that dog bites them, we require DNA testing done on the saliva to prove it was our dog.
May 1, 2008
Parent Post: Can someone please give me a reasonable answer on WHY 1st graders or any student on enrollment day are REQUIRED to give the SSN of the child AND provide a COPY of the card?
Neither Putnam City or Edmond have this requirement.
With ID Theft, I am sure to refuse, unless I can get a copy of EVERY person who will come in contact with my child or his record is willing to provide their SSN card copies to me.
Our Reply: We have no reasonable answer for you. We went through a similar situation when the school requested a copy of our mortgage when entering the school district. We respectfully decline to give them one since it is none of their business. Collecting copies of SSN cards is just plain ridiculous and unnecessary.
The liability the school is opening itself up to by collecting this data is just asinine.
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