DEL NORTE COUNTY

REPUBLICAN PARTY

RESOLUTION #2016-1

RESOLUTION TO VOICE OPPOSITION TO THE RULING OF Morgan Hill Concerned Parents Association and the Concerned Parent Association v. California Department of Education AND TO INFORM THE PUBLIC OF THEIR OPPORTUNITY TO OBJECT TO THE RELEASE OF PROTECTED PERSONAL INFORMATION

WHEREAS, while the authority of the United States District Court for the Eastern District of California Sacramento Division is recognized, there are times when it becomes apparent that citizens must disagree with rulings they believe infringe on personal rights; and

WHEREAS, in the ruling of Morgan Hill Concerned Parents Association and the Concerned Parent Association v. California Department of Education the court ordered all personal information to be released to this private non-profit for the claim the Defendant has violated the Individuals with Disabilities Education Act (“IDEA”); and

WHEREAS, persons affected by this are: the parent or guardian of a child (including an infant) with disabilities; the parent or guardian of a student who is attending or attended a California school at any time since January 1, 2008; or a person over the age of eighteen who is attending or attended a California school at any time since January 1, 2008; and

WHEREAS, protected personal information includes but is not limited to name, social security number, home address, demographics, emergency contact information, course information, statewide assessment results, teacher demographics, program information, behavior and discipline information, progress reports, special education assessment plans, special education assessments/evaluations Individualized Education Programs (IEPs), records pertaining to health, mental health and medical information, student statewide identifiers (SSID), attendance statistics, information on suspensions and expulsions, and results on state tests; and

WHEREAS, if a parent or individual over the age of 18 chooses to object to have the information released, needs to submit a letter to the judge and be received by the court before April 1, 2016; and

WHEREAS, the Del Norte Republican Central Committee has a strong commitment to protecting personally identifiable information and identifies this ruling as an egregious violation both of the Family Equal Rights and Privacy Act (FERPA) and Healthy Insurance Portability and Accountably Act (HIPPA) and recognizes the enormous security risk releasing this sensitive information to a private third party would pose;

NOW, THEREFORE, BE IT RESOLVED that the Del Norte Republican Central Committee has voiced their opposition to this ruling and will actively pursue the dissemination of this information along with the objection form or letters and assistance in the mailing of objections by anyone this may affect.

PASSED AND ADOPTED by the Del Norte County Republican Central Committee on this 27th day of February 2016, by the following polled, voice vote:

AYES:  12

NOES:  0

ABSENT:  5