FredCarr ChiefOp?emring Oj?cer 615.259.8424 55 f6]5.29].6068 "ed. mrri?iinm 3.01? 260] a Nashville, TN 37204 PUBLC SCHOOLS December 30, 2015 Mrs. Kelly D. Brown Exceptional Education Teacher Robertson Academy Nashville, TN Via email and postal mail Mrs. Brown: Interim Director Chris Henson has tasked me with the responsibility of conducting a review of all data, background, and information regarding recent allegations made in the media and in front of the Tennessee State Legislature regarding course placement decisions and End of Course testing in Metro Schools. Metro Schools organizational structure establishes that Principals and instructional decision making report to the Leadership and Learning DivisiOn, while Research, Evaluation and Assessment, Data Warehouse, Student Records, the SMS database, and IT data security report to the Chief Operating Officer Division. On December 10, 2015, binders of confidential student records were given to members of the State Legislature. Many of the pages appeared to be sourced from your SMS PowerSchooI credentials, Easy IEP, and other databases. I need you to meet with me and Laura Hansen, Director of Information Management, on Wednesday, January 6, 2015, at 1:00 PM to discuss your apparent violation of the Family Education Rights and Privacy Act (FERPA). It appears that you have accessed personal student information that you had no educational right to access and that you released that information to others outside of the School District. My office is located in the Operations building on the Bransford Ave campus. The entrance is located off of the same parking lot as the Bransford Ave. Employee Health Clinic portable buildings. This meeting will be for me to gather information regarding your apparent access and release of protected student data. Sincerely, Fred Carr Chief Operating Officer METWUQLETAN . Chief Operating Q??i?cer 615.259.8424 5) f615.291.6068 2601 Bransfm?dAve. Nashville, 3 7204 PUBLEC SCHOOLS December 30, 2015 Ms. Shana L. Claud-West Counselor, DuPont Tyler Middle School Nashville, TN 37076 Mrs. Gland-West: Interim Director Chris Henson has tasked me with the responsibility of conducting a-review of all data, background, and information regarding recent allegations made in the media and in front of the Tennessee State Legislature regarding course placement decisions and End of Course testing in Metro Schools. Metro Schools organizational structure establishes that Principals and instructional decision making report to the Leadership and Learning Division, while Research, Evaluation and Assessment, Data Warehouse, Student Records, the SMS database, and lT data security report to the Chief Operating Officer Division. On December 10, 2015, binders of confidential student records were given to members of the State Legislature. Many of the pages appeared to be sourced from your SMS PowerSchool credentiais and documented students for which you do not have a legitimate educational interest. I need you to meet with me and Laura Hansen, Director of Information Management, on Wednesday, January 6, 2015, at 3:00 PM to discuss your apparent violation of the Family Education Rights and Privacy Act (FERPA). It appearsthat you have accessed personal student information that you had no educational right to access and that you released that information to others inside and outside of the School District. My office is located in the Operations building on the Bransford Ave campus. The entrance is located off ofthe same parking lot as the Bransford Ave Employee Health Clinic portable buildings. This meeting will be for me to gather information regarding your apparent access and release of protected student data. Sincerely, Fred Carr Chief Operating Officer METWUQBLETAN FredCarr Ch ief Operating Ojj?icer 6.7 5.259. 8424 a f615.2??1.6068 rad. mar 2601 Bramford Ave. 6) Nashville, TN 37204 SCHOOLS December 30, 2015 Mr. Robert C. Brown Science Teacher Hillwood High School Nashville, TN 37205 lVll?. Brown: Interim Director Chris Henson has tasked me with the responsibility of conducting a review of all data, background, and information regarding recent allegations made in the media and in front of the Tennessee State Legislature regarding Course placement decisions and End of Course testing in Metro Schools. Metro Schools organizational structure establishes that Principals and instructional decision making report to the Leadership and Learning Division, while Research, Evaluation and Assessment, Data Warehouse, Student Records, the SMS database, and IT data security report to the Chief Operating Officer Division. on December 10, 2015, binders of confidential student records Were given to members of the State Legislature. Many of the pages appeared to be sourced from your SMS PowerSchooi credentials and your account. I need you to meet with me and Laura Hansen, Director of Information Management on Wednesday, January 6, 2015, at 4:00 PM to discuss your apparent violation of the Family Education Rights and Privacy Act (FERPA). It appears that you have accessed personal student information from Maplewood High, Stratford High, and Pearl?Cohn High, that you had no educational right to access and that you released that information to others inside and outside of the School District. . - My office is located in the Operations building on the Bransford Ave campus. The entrance is located off of the same parking lot as the Bransford Ave Employee Health Clinic portable buildings. This meeting will be for me to gather information regarding your apparent access and release of protected student data. Sincerely, Fred Carr Chief Operating Officer THE BLACKBURNFIRM, PLLC 213' FIFTH AVENUE NORTH, SUITE 300 a M615) 254?7770 - (866) 895-7272 3 W. GARY BLACKBURN RULE BRYANT KROLL January 5, 2016 Mr. Fred Carr Chief Operating Officer . Metropolitan Nashville Public School 2601 Bransford Avenue Nashville, TN 37204 RE: Mrs. Kelly Brown, Mr. Robert C. Brown, Shana Claud?West Dear Mr. Carr, This letter is in response to your three essentially identical letters to Mr. and Mrs. Brown and Ms. Claud?West, each of whom I represent. You state that interim director Chris Henson has, ?tasked? (sic) you with the responsibility of conducting a review of "all data, background and information regarding recent allegations made in the media and in front of the Tennessee state legislature regarding course placement decisions and end of course testing in Metro Schools.? Your letters demonstrate no such intention. In the event you are seriously concerned with an objective investigation of the deplorable conduct which has been reported in the media, I presume you will, without fail, interview each principal and assistant principal involved as well as any person, present or past, employed at the central office who may have given direction to any subordinate to engage in this appalling behavior. I have copied the Director of Law on this letter because I also represent one of the I victims, Ms. Toni Jones, whose class action lawsuit is pending in the Chancery Court for Davidson County, and as yet unanswered. Your investigation will not only be requested under the applicable Tennessee Open Records statutes, but also will be the subject of specific discovery requests in that case. Each of my clients is anticipated to be a material witness in Ms. Jones? lawsuit. You have made a broad accusation that certain ?confidential student records? were given to "members of the state legislature.? I presume you understand that a committee of the General Assembly conducted a hearing regarding the irresponsible behavior of MNPS and the possible violations of State law this conduct entailed. Representative Womick has stated that no retaliation of any kind should be undertaken against these brave public servants in spite of the statute he thought might apply. I can assure you, Mr. Carr, that no retaliation of any kind, directly or indirectly, whether by MNPS as an institution or by you or any other person individually will be tolerated. My clients are public employees who spoke out publicly about a matter of public concern. Their speech is therefore protected by the First Amendment to the Constitution of the United States. This principal is clearly established, such that neither you nor MNPS may successfully argue qualified immunity in response to any lawsuit based on retaliation. With regard to your motivated accusations of FERPA violations, you must first advise me of what specific records you claim were 'mappropriately disclosed to a committee of the General Assembly charged with overseeing various aspects of public education in our state. I am confident, for example, that the records of Ms. Jones were disclosed with the knowledge and participation of this young lady and her mother, although any records furnished did not, at the time provided, disclose her name or other information. Your letters failed to mention that what may not be disclosed is ?personally identifiable information? from an educational record of a student. If you are going to accuse these persons of violating this law, then it is necessary that you identify which specific records disclose personally identifiable information, and about whom. No such information has been intentionally disclosed, and the only name of any student which has been reported in the press is that of my client, Ms. Jones, who is of age and authorized the ?ling of the lawsuit. The deplorable behavior of your subordinates has inflicted serious harm on numerous children. One of your subordinates testified before the legislative committee in a deceptive manner intended to suggest that none of what has been alleged is true. This person has been intentionally untruthful, and it is your duty to understand that fact and to act accordingly. Your letter is but another indication of the systemic failures of our public schools. Matters of serious concern have been raised and the response has been denial and deception. I noticed for example, that certain witnesses were directed not to answer questions before the legislative committee because of the pending Jones lawsuit. One is forced to wonder precisely what ?privilege? was asserted. In the course of Ms. Jones? case, those issues will be explored. Our rules provide that sanctions may be imposed against a party that alters or destroys evidence in a civil case. Your attorney can explain the doctrine of spoliation to you. I In this regard, I speci?cally request that you preserve any and all emails from or . to you, all memorandum, notes and records of any kind related to my clients or to the lawsuit brought by Ms. Jones. I also request that you specifically preserve, in a manner suitable for production all documents, records, or things, including emails and notes of conversations, regarding your efforts to make accusations of any kind against my clients. Because your conduct may result in probable further litigation involving MNPS and you personally, I will attend any meeting which you may purport to conduct. I?ve already spoken to the fact that Ms. Claud?West is unavailable due to her FMLA leave. You are surely aware that Mr. and Mrs. Brown are husband and Wife. It seems intentionally inefficient and harassing to schedule their conferences three hours apart, with the attempt to question Ms. Claud?West in the intervening time. I ask that this be a single meeting at which Mr. and Mrs. Brown appear. Finally, I note in your letter that although you have been ?tasked? with the responsibility to review the accusations your letter states transparently that the only purpose of the meeting is to gather information regarding "apparent access and release of protected student data,? none of which is identified, rather than to seek the truth of what occurred. Please respond in writing as to whether this meeting is confined to that one subject rather than the basis for the disclosures made by my clients in their attempts to provide more protection for these pupils than that of which you and your subordinates appear capable. Very truly yours, TH BLACKBURN FIRM, PLLC ay Blackbur I. cc: Chris Henson Ion Cooper, Esquire till ISLATIVEOKMCE: RICKWOMICK _.^ . _, LEGISLATIVE OFFICE: G29 WAR MEMORIAL BUILDING NASHV1LLE:TENNE^EE37243^134 STATE REPRESENTATIVE 34(TM) LEGISLATIVE DISTRICT COMMITTEES: TELEPHONE: (615)741-2804 ^.WWr *-^ ^y^*>><.>><>>A<a<>>^ EDUCATION ADMINSTRATION FAX: (615)253-0322 EDUCATION ADMINISTRATION - SUB Nashville CONSUMERAND HUMAN RESOURCES January 8, 2016 Metropolitan Nashville Public Schools 2601 Bransford Avenue Nashville, Tennessee 37204 To Whom It May Concern: This letter is to inform all individuals and interested parties on the handling ofredacted and unredacted evidence given to the Tennessee House of Representatives by Kelly Brown, Robert Brown, and Shana West, employees of Metro Nashville Public Schools (MNPS). The evidence given by these three individuals, who are protected under the Tennessee "Whistle Blower" statute, proves that MNPS removed students just prior to end of course exams during the students second semester, and did not allow these students to take the end of course exams as is required by state law. All redacted and unredacted copies of evidence provided to Representative Harry Brooks, Chairman of the House Education Committee, by Mr. and Mrs. Brown and Mrs. West, were turned over to House of Representative lawyers for review in accordance with all privacy laws, in particular the Family Educational Rights and Privacy Act (FERPA). No other state legislators had access to the redacted or unredacted copies and Chairman Brooks opted to turn his redacted copy over the House Education Committee Attorney for her preliminary review and analysis. All redacted and unredacted copies are being used by investigators of the Tennessee General Assembly and the Tennessee Department of Education in accordance to the FERPA to verify the presented evidence and the students involved. In this investigative process, MNPS Central Office has been given copies of this evidence, redacted and/or unredacted, by state investigators for the sole purpose to assists investigators in verifying its authenticity and determining the students involved in the removal from classes prior to the end of course exams. rep.rick.womick@capitol.tn.gov Metropolitan Nashville Public Schools January 8, 2016 Page Two Any use of the evidence provided to the MNPS Central Office by the State of Tennessee for purposes outside of the investigation, such as attempted retribution against protected witnesses under the "Whistle Blower" statute, may in and of itself be a violation of the FERPA by MNPS. Additionally, any such retribution attempts by MNPS may necessitate the involvement of the State's Attorney's General in the enforcement of the "Whistle Blower" statute. Sincerely, '^-j^^sRick Womick State Representative 34th Legislative District RW:scs METREIPEILITAN FredCarr Chief Operating O?icer 615.259.8424 6 f615.291.6068 red. 9.5101' I 260] Ave. o) Nashville, TN 37204 PUBLIC SCHOOLS Date: January 15, 2016 To: Kelly Brown, Teacher, Robertson Academy From: Fred Carr, Chief Operating Officer Re: Reprimand Mrs. Brown: This is to document our meeting on January 6, 2016 in my office and to issue a written reprimand for your violation of Technology Acceptable Use Policy, HC 4.160, the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, e_t. ?u 34 CFR Part 99 and TCA regarding the confidentiality of student records. Several months prior to December 10, 2015, you accessed and printed off a large quantity of confidential student information and records on students that you do not teach nor have any direct professional contact with in MNPS. You then distributed these documents in a set of binders to the Tennessee Department of Education, the Legislative Education Committee?s Leadership and two State Legislators at the House Education Committee meeting on December 10, 2015. You disclosed hundreds of pages of student records and personally identifiable student data, in the course of publicly making allegations concerning alleged testing irregularities within MNPS. Although most student names were redacted in the binders, student numbers link many pages to individual students. On some of those pages, you made handwritten notes about the students? IEPs or medical diagnoses. Given the quantity of information you disclosed about any one student, it is possible that the individual identity of a student could be determined from the information you disclosed. Also, the student number which remained un?redacted on all records in the binders is a personally identifying piece of information and should not have been released pursuant to Student Records Policy, SP 6.101. Additionally, on several pages of student information in the binders, the students? names were not redacted at all. During our meeting on January 6, 2016, you stated that you gave an un-redacted copy of these binders of confidential student data to "someone in the State Department of Education? for their use in investigating your complaints regarding student placement in courses and EOC testing. You also stated that you received all of your other binders back from the committee members, except for the two given to Chair Harry Brooks. confirmed that my office is now in possession of these two binders and that we would not be returning them to Chairman Brooks because they contain protected student information. During our meeting you informed me that Representative Rick Womick had asked for and received copies of the binders of information. In addition, an assistant to Chairman Brooks who sat beside him during the meeting had ?access to look at any student information because he had permission.? You did not know of the name of this person, nor who authorized his ?permission? to view protected student information. You also stated that you gave News Channel 5 Investigative Reporter, Phil Williams, ?a few? redacted examples of student data. Also during our meeting, you stated that you were in possession of a thumb-drive with all of the data that was contained in the binders disseminated in the public hearing. During our conference, we asked you to maintain custody of any remaining binders and the thumb drive until a decision was made about what to do with them. At this point, I am directing you to give that data to me. We are under a litigation hold for all information related to the currently pending lawsuit of Jones v. Metropolitan Government, no. 15-1475 Ill in the Chancery Court for Davidson County, so the materials will be stored and protected under that litigation hold. In an effort to gain access to student data for students whom you do not teach nor have any direct or professional contact with in MNPS, you requested and received a colleague?s digital credentials (username and password). Mr. Noel Turner gave you his District log-on information because you asked him for it to access your students at Robertson Academy. Instead, you used his credentials to access confidential information regarding students from several high schools where you do not work. Mr. Turner was unaware of your improper use of his credentials until I asked him to come to my office and explain why he was accessing and releasing protected student data. Both you and Mr. Turner have confirmed that you utilized his credentials to access student data that you were not authorized to obtain. You stated that you did not obtain permission from the school, MNPS, or the parents of these students prior to accessing and publicly sharing this protected student data. When asked why you accessed and published in a public meeting protected student information, you responded that you did it "to show what we were saying was accurate?. You also stated that you "were trying to help, not hurt kids? and don?t believe I violated Federal Law?. asked you to respond to an example (from the improperly disclosed documents) of a student?s name visible on a form with protected IDEA, 504, and HIPPA protected data which you made available in a public meeting. You said guess in a technical sense, since it was visible,? it was a violation. Technology Acceptable Use Policy, HC 5.112/ IM 4.160, which you agree to every time you sign onto an MNPS computer (see attachment) states in pertinent part: Acc0unt Usage. The user for whom an account is created is assumed to be responsible for all activities that occur in connection with the use of this account. Alleged violations involving employees shall be reported to the appropriate principal or department head, which will investigate the incident with input from the Information Technology Department. Clear and willful violations or abuse of acceptable usage as set forth in this policy will be subject to disciplinary actions, depending on the severity of the transgression and policy abuse, up to and including termination. Criminal or civil action may be initiated if the violation involves action that is against the law. Violations of applicable state and federal law, including the Tennessee Code, Computer Crimes, Chapter 39 will result in criminal prosecution, as well as disciplinary actions by the District. Unacceptable Use. MNPS Users will not engage in unacceptable use of technology resources. Unacceptable use consists of activities described below. 14) Invading the privacy of other individuals. 15) Using another user?s account, password, or ID card or allowing another user to access student?s personal account, password, or ID. 20) Obtaining copies of or modifying files, data, or passwords belonging to other users on the network. 5. Staff Specific Policies. The policies enumerated in this section are specific to staff and are intended to supplement the general policies enumerated elsewhere in this policy. MNPS staff will comply with the following when using MNPS technology resources. a. MNPS Staff are assigned specific usernames and passwords in order to conduct business on the MNPS network. Any password assigned to a specific user is not to be shared with anyone. b. All instructional staff and their supervisors shall be aware of and comply with the Children?s Internet Protection Act (CIPA) policy that addresses the five components of responsibility: - Unauthorized disclosure, use, and dissemination of personal information regarding minors FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. 34 CFR 99.31 allows an educational agency to disclose personally identifiable information without parental consent only if the disclosure meets the following relevant condition: The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have a legitimate educational interest.? Additionally, FERPA allows the school officials only to access "those educational records in which they have legitimate educational interests.? 34 CFR Tennessee Code Section states in pertinent part: The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student?s parent or guardian, medical or treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency. . . . MNPS would not have authorized the access or distribution of these confidential student records, even if you had sought permission in advance to disseminate them. You have committed a violation of FERPA and state law as well as MNPS policy, which requires the confidentiality of individually identifiable student records. There are no applicable exceptions to this confidentiality requirement which would have permitted you to access and disclose this information in the manner you chose. As a long?time MNPS employee, you are expected to be familiar with the rules governing confidentiality of student records. The allegations you have made publicly regarding alleged testing irregularities within MNPS are being investigated. However, in the process of accessing, printing, and disseminating confidential student data to support your accusations, you have committed a serious breach of the confidentiality of student records. MNPS takes compliance with FERPA and state law on the confidentiality of student records very seriously. This reprimand is based on the fact that you facilitated the release of personally identifiable student records in violation of FERPA, MNPS policy, and state law. Any future release of confidential student records by you may result in further corrective or disciplinary action, up to and including termination. Additionally, you are directed to use your MNPS issued data access credentials to access only those students for which you are responsible in your role as their teacher. You are to follow FERPA carefully and not access or share protected student information with anyone for any purpose outside your direct responsibilities for your position in the School District. You are directed to return to me the student data (electronic and hard copies) you currently have in your possession that you accessed, recorded, and annotated in violation of FERPA. I will maintain this evidence in a secure environment because of the litigation hold currently in place on all data and communications related to the Jones lawsuit. You are to follow all MNPS policies and procedures related to student data security and use of technology resource-s. You are to utilize only your MNPS credentials to access the appropriate student data needed for your position. Failure to follow this directive could result in further corrective or disciplinary action up to and including termination. Because I have the responsibility of data security for MNPS, I have notified the Privacy Technical Assistance Center (US Department of Education) of this violation of FERPA by self- reporting to them the situation surrounding your violation. This reprimand will be placed in your central office personnel file. You may respond in writing and your response will be placed in that same file. Sincerely, Fred Carr Chief Operating Officer Cc: Central Office Personnel File FredCarr Chief Operating O?icer 615.259.8424 f615.291.6068 it) . d. . or as 2601 BransfordAve. Nashville, TN37204 PUBLIC SCHOOLS Date: January 15, 2016 To: Shana L. CIaud?West, Counselor, DuPont-Tyler Middle School From: Fred Carr, Chief Operating Officer Re: Reprimand Ms. Claud-West: This is to document our meeting on January 12, 2016 in my office and to issue a written reprimand for your violation of Technology Acceptable Use Policy, HC 4.160, the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, gt. st=2_q_u 34 CFR Part 99 and TCA regarding the confidentiality of student records. During your tenure at Hunter?s Lane High School, you accessed, collected, and printed off a large quantity of confidential student information and records on students that you had in your case load. You then shared this information with others including Mark North. You later shared this data with Kelly Brown, a teacher at Robertson Academy, and you assisted her in collating and distributing these documents in a set of binders to the Tennessee Department of Education, the Legislative Education Committee?s Leadership and two State Legislators at the House Education Committee meeting on December 10, 2015. In doing so, you disclosed hundreds of pages of student records and personally identifiable student information, in the course of publicly making allegations concerning alleged testing irregularities within MNPS. You have not been assigned to Hunters Lane High School since July of 2013. Thus, you possessed these records for over two years, you annotated them, and you duplicated them in violation of the above listed policy and statues. Although most student names were redacted in the binders, student numbers link many pages to individual students. On some of those pages, you made handwritten notes about the students? IEPs or medical diagnoses. Given the quantity of information you disclosed about any one student, it is possible that the individual identity of a student could be determined from the information you disclosed. Also, the student number which remained un-redacted on all records in the binders is a personally identifying piece of information and should not have been released pursuant to Student Records Policy, SP 6.101. Additionally, on several pages of student information in the binders, the students? names were not redacted at all. During our meeting on January 12, 2016, you stated that you and Mrs. Brown gave an un- redacted copy of these binders of confidential student data to "someone in the State Department of Education? for their use in investigating your complaints regarding student placement in courses and EOC testing. During our meeting you informed me that Representative Rick Womick had asked for and received copies of the binders of information. In addition, an assistant to Chairman Brooks who sat beside him during the meeting had ?access to look at any student information because he had permission.? You did not know of the name of this person, nor who authorized his ?permission? to view protected student information. Responding to a question regarding your current possession of confidential student data, you confirmed that you were in possession of a thumb?drive with all of the data that was contained in the binders disseminated in the public hearing. You also showed us a binder of information you had gathered during your ?research? on the EOC/testing issue and allowed us to copy two sections from this binder along with an email you sent to Hunter?s Lane assistant principal, April Snodgrass. During our conference, we asked you to maintain custody of any remaining binders and the thumb drive until a decision was made ab0ut what to do with them. At this point, I am directing you to give that data to me. We are under a litigation hold for all information related to the currently pending lawsuit of Jones v. Metropolitan Government, no. 15-1475 in the Chancery Court for Davidson County, so the materials will be stored and protected under that litigation hold. This includes any data on Hunter?s Lane students, your binder containing student information on students you no longer counsel, and the thumb drive you mentioned you have. You stated that you did not obtain permission from the school, MNPS, or the parents of these students prior to accessing, maintaining possession of, and publicly sharing this protected student data. When asked why you accessed and published, in a public meeting, protected student information; you responded that you did it to support your claims against MNPS. You also stated that you had previously shown this information to MNPS administration who did not respond. As of the present time, we are unable to substantiate your allegations about providing this information to MNPS. Technology Acceptable Use Policy, HC 4.160, which you agree to every time you sign onto an MNPS computer (see attachment) states in pertinent part: Account Usage. The user for whom an account is created is assumed to be responsible for all activities that occur in connection with the use of this account. Alleged violations involving employees shall be reported to the appropriate principal or department head, which will investigate the incident with input from the information Technology Department. Clear and willful violations or abuse of acceptable usage as set forth in this policy will be subject to disciplinary actions, depending on the severity of the transgression and policy abuse, up to and including termination. Criminal or civil action may be initiated if the violation involves action that is against the law. Violations of applicable state and federal law, including the Tennessee Code, Computer Crimes, Chapter 39 will result in criminal prosecution, as well as disciplinary actions by the District. Unacceptable Use. MNPS Users will not engage in unacceptable use of technology resources. Unacceptable use consists of activities described below. 14) lnvading the privacy of other individuals. 5. Staff Speci?c Policies. The policies enumerated in this section are speci?c to staff and are intended to supplement the general policies enumerated elsewhere in this policy. MNPS staff will comply with the following when using MNPS technology resources. b. All instructional staff and their supervisors shall be aware of and comply with the Children?s Internet Protection Act (CIPA) policy that addresses the five components of responsibility: - Unauthorized disclosure, use, and dissemination of personal information regarding minors FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. 34 CFR 99.31 allows an educational agency to disclose personally identifiable information without parental consent only if the disclosure meets the following relevant condition: The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have a legitimate educational interest. Additionally, FERPA allows the school officials only to access "those educational records in which they have legitimate educational interests.? 34 CFR Tennessee Code Section states in pertinent part: The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student?s parent or guardian, medical or treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency. . . . MNPS would not have authorized your access to, continued possession of, or distribution of these con?dential student records, even if you had sought permission in advance to disseminate them. You have committed a violation of FERPA and state law as well as MNPS policy, which requires the confidentiality of individually identifiable student records. There are no applicable exceptions to this confidentiality requirement which would have permitted you to access and disclose this information in the manner you chose. As a long-time MNPS employee, you are expected to be familiar with the rules governing confidentiality of student records. The allegations you have made publicly regarding alleged testing irregularities within MNPS are being investigated. However, by accessing, maintaining, compiling and publicly disseminating, confidential student information to support your allegations, you have committed a serious breach of the confidentiality of student records. MNPS takes compliance with FERPA and state law on the confidentiality of student records very seriously. This reprimand is based on the fact that you facilitated the release of personally identifiable student records in violation of FERPA, MNPS policy, and state law. Any future release of confidential student records by you may result in further corrective or disciplinary action, up to and including termination. Additionally, you are directed to use your MNPS issued data access credentials to access only those students for which you are responsible in your role as their guidance counselor. You are to follow FERPA carefully and not access or share protected student information with anyone for any purpose outside your direct responsibilities for your position in the School District. You are directed to return to me the student data (electronic and hard copies) you currently have in your possession that you accessed, recorded, and annotated in violation of FERPA. I will maintain this evidence in a secure environment because of the litigation hold currently in place on all data and communications related to the Jones lawsuit. You are to follow all MNPS policies and procedures related to student data security and use of technology resources. You are to utilize only your MNPS credentials to access the appropriate student data needed for your position. Failure to follow this directive could result in further corrective or disciplinary action up to and including termination. Because I have the reSponsibility of data security for MNPS, have notified the Privacy Technical Assistance Center (US Department of Education) of this violation of FERPA by self? reporting to them the situation surrounding your violation. This reprimand will be placed in your central office personnel file. You may respond in writing and your response will be placed in that same file. Sincerely, Fred Carr Chief Operating Officer Cc: Central Office Personnel File Shana Claud West METRDPEILITAN FredCarr Chief Operating O?icer 615.259.8424 f615.291.6068 recicurri'dimn .520)? I I 2601 Bransford Ave. (3 Nashville, TN 3 7204 PUBLIC SCHOOLS Date: January 15, 2016 To: Mr. Robert C. Brown, Science Teacher, Hillwood High School From: Fred Carr, Chief Operating Officer Re: Reprimand Mr. Brown: This is to document our meeting on January 6, 2016 in my office and to issue a written reprimand for your violation of Technology Acceptable Use Policy, HC 4.160, the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, gt, gag, 34 CFR Part 99 and TCA regarding the confidentiality of student records. For several weeks prior to December 10, 2015, you accessed and printed off a large quantity of confidential student information and records on students that you do not teach and you distributed these documents in a set of binders released to the Tennessee State Department of Education, the Legislative Education Committee?s Leadership and two State Legislators. Contained in these binders was confidential student information that was accessed from your MNPS computer credentials. Although most student names on the records contained in the binders were redacted, student numbers link many pages to individual students. Many of those pages had handwritten notes about IEPs or medical diagnoses. Given the multitude of information disclosed about any one student, it is possible that the individual identity of a student could be determined. Also, the student numbers which remained un-redacted on all records in the binder are personally identifying pieces of information and should not have been released pursuant to Student Records Policy, SP 6.101. Additionally, on several pages of student information in the binders, the students? names were not redacted at all and hand written notes appeared on several of these student records that a given student had an IEP or a medical diagnosis. The access and release of this information without parental/student consent violates the Technology Acceptable Use Policy, HC 4.160; the Student Records Policy; and state law, as indicated above. During our meeting on January 6, 2016, you stated that although you teach at Hillwood High School, you accessed scheduling, grades, progress reports, and other protected student information on students from Maplewood, Stratford, and Hunter?s Lane High Schools. You stated that your purpose for accessing this protected student data was to assist your wife, Kelly Brown, in gathering documentation to support your contention of alleged testing irregularities within MNPS. You also stated that the failure to redact the student names on some of the student records was accidental on your part. You stated that you did not obtain permission from the school, MNPS, or the parents of these students prior to accessing and sharing this protected student data. Technology Acceptable Use Policy, HC 5.112/ IM 4.160, which you agree to every time you sign onto an MNPS computer, states in pertinent part: Account Usage. The user for whom an account is created is assumed to be responsible for all activities that occur in connection with the use of this account. (Section 3.a) h. Unacceptable Use. MNPS Users will not engage in unacceptable use of technology resources. Unacceptable use consists of activities described below. 14) lnvading the privacy of other individuals. FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. In addition, 34 CFR 99.31allows an educational agency to disclose personally identifiable information without parental consent only if the disclosure meets the following relevant condition: The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have a legitimate educational interest. Additionally, FERPA allows the school officials only to access "those educational records in which they have legitimate educational interests.? 34 CFR You did not have a legitimate interest in the records you obtained and disseminated. In addition, Tennessee Code section states in pertinent part: The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student's parent or guardian, medical or treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any MNPS would not have authorized the access or distribution of these confidential student records, even if you had sought permission in advance to disseminate them. You have committed a violation of FERPA and state law as well as MNPS policy, which requires the confidentiality of individually identifiable student records. There are no applicable exceptions to this confidentiality requirement which would have permitted you to access and disclose this information in the manner you chose. As a long-time MNPS employee, you are expected to be familiar with the rules governing confidentiality of student records. MNPS takes compliance with FERPA and state law regarding the confidentiality of student records very seriously. This reprimand is based on the fact that you obtained and disseminated personally identifiable student records in violation of FERPA, MNPS policy, and state law. You are directed to use your MNPS credentials to access records regarding only those students for which you are responsible in your role as their teacher. You are directed not to access or share protected student information with anyone for any purpose outside your direct responsibilities for your position in the School District. Any future violations of a similar nature on your part could result in further corrective or disciplinary action up to and including termination of employment with Metropolitan Nashville Public Schools. Because I have the responsibility of data security for MNPS, I have notified the Privacy Technical Assistance Center (US Department of Education) of this violation of the Family Educational Rights and Privacy Act by self-reporting to them the situation surrounding your violation. This reprimand will be placed in your Central Office personnel file. You may respond in writing and your response will be included with this reprimand in that same file. Sincerely, Fred Carr Chief Operating Officer Cc: Robert Brown?s Central Office personnel file METRDPULITAN FredCarr Chief Operating O?icer 615.259.8424 (3 f6]5.291.6068 a . 19.0? as 2601 Bransford Ave. 0: Nashville, TN 37204 PUBLIC SCHOOLS January 19, 2016 Family Policy Compliance Office US. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920 Re: Distribution of Student Information in Violation of FERPA FPCO Representative: This letter is to self?report an intentional data breach where three Metro Nashville Public Schools (M NPS) employees accessed and disseminated hundreds of Metro Nashville Public Schools (MNPS) protected student records in a public meeting. On November 5, two district employees claimed "whistle blower? status when they reported to a local news investigative reporter student scheduling and instructional practices they felt were not in the best interest of students. The reports were made on schools where they were previously employed. A television news report was released which showed a brief view of a student?s transcript with the name visible. On December 10, 2015, the Tennessee House of Representatives Education Committees held a joint public session to gather general information on End of Course testing practices. During that hearing, MNPS counselors Kelly Brown and Shana CIaud-West distributed several large binders of redacted and non?redacted student information to members of the Committee. This was a public meeting. When asked by members of the committee if the data was FERPA compliant, Mrs. Brown and Ms. CIaud-West assured the committee that they were experts on FERPA and that the materials were compliant. In actuality, the binders contained hundreds of student records which were semi-redacted and two binders where hundreds of copies of student information were NOT redacted. District officials were not provided copies to review and approve prior to the release ofthis information. In early January, meetings were held with Mrs. Brown and Ms. CIaud?West, as well as others identified as assisting in the data colIection/dissemination. It was brought to our attention that a TN House Representative, Mr. Womick, requested the MNPS staff obtain data to prove their case and deliver it to him. He states that an ?authorized representative? from the state was provided the information to review, but at this time that authorized individual has not been identified. have attached copies of the reprimand letters written to these employees for their violation of District Policy, State Law, and Federal Law. These letters provide the detail of the total situation. When we learned of the breach, we reached out to the Privacy Technical Assistance Center for advice. We engaged in multiple phone calls, and they opened a PTAC case number (#115176) and recommended we make a self?report to the FPCO. Please advise what steps should be ta ken from this point in time. It is evident that the news stories on the whistle?blower allegations will continue and the desire to use student data by various interested stakeholders (school staff, their lawyers, state representatives, etc.) to provide proof of or negate various claims will increase. We want to ensure we have met our responsibilities as District administration to maintain confidential student data protected to the best of our ability. Sincerely, s" Fred Carr Chief Operating Officer Cc: Chris Henson, Interim Director of Schools Laura Hansen, Director Information Management Dr. Paul Changas, Executive Director, Research, Assessment, and Evaluation THE BLACKBURN. FIRM, PLLC 213 FIFTH AVBNUE NORTH, SUITE 300 o NASHVILLE, TN 37219 P (615) 254.7770 o F (866) 895-7272 W. GASY BLACKBURN RULE 31 MEDIATOR BRYANT KROLL January 27, 2016 Sent via email, Fred.Carr@mnps.org, and U.S. Ma.il Mr. Fred Carr Chief Operating Officer Metropolitan Nashville Public School 2601 Bransford Avenue Nashville/ TN 37204 RE: Responses of Kelly Brown/ Robert C. Brown/ and Shana Claud-West to Written Reprimands Dear Mr. Carr/ I am attaching to this letter, both by email and hard copy placed in the mail, the responses prepared by each of my clients to your letters of reprimand. I would direct your attention to T.C.A. ? 49-50-1409/ a copy of which I've also attached. You/ as the investigator of this behavior for MNPS/ are charged with piercing the veil of secrecy/ denial/ and bureaucratic intransigence. I trust you will now act in the interests of these children. Had it not been for my clients/ this reprehensible behavior would not have been made known, and the harm inflicted upon school children for the mere purposes of personal and institutional ambition would undoubtedly be continuing today. Very truly yours/ THE BLACKBURN FIRM/ PLLC r. Gary Blackburn WGB/kd ec: J. Brooks Fox/ Esquire Kelly Brown Robert C. Brown Shana Claud-West ? 49-50-1409. Whistleblowing; retaliation; cause of action, TN ST ? 49-50-1409 West'sTennessee Code .Annotated Title 49. Education Chapter 50. Miscellaneous Part 14. Education Truth in Reporting and Employee Protection Act of 1989 (Refs &Annos) T. C. A. ? 49-50-1409 49-50-l4c)9- Whistleblowing; retaliation; cause of action Effective: August ll, 2009 Currentness (a) Any person reporting under this part shall have a civil cause of action against any person or employer who causes a disciplinary action or threat of disciplinary action against the reporting person. An action commenced pursuant to this part may seek appropriate injunctive relief or damages for each violation of this section. (b) A court, in rendering a judgment over a disciplinary action against a person reporting pursuant to this part, shall order, as the court considers appropriate, reinstatement, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees. Credits 1989 Pub.Acts, c. 444, ? 9. Notes of Decisions (1) T. C. A. ? 49-50-1409, TN ST ? 49-50-1409 Current through end of the 2015 First Reg. Sess. End of Document (C) 2016 Thomson Reuters. No claim to original US. Government Works. WESTLAW (C) 2016 Thomson Reuters. No ciaim to original U.S. Government Works. Robert C Brown, Sr., M.S. /Educator/MNPS Date: January 22, 2016 To: Fred Carr, Chief Operating Officer From: Robert C. Brown/HUlwood High School Re: Reprimand/Response This letter is my response to the written reprimand where you claim I violated the Family Educational Rights and Privacy Act (FERPA), andTCA 10-7-5 04(a)(4)(A) regarding the confidentiality of student records. Paragraph 2: "For several weeks prior to December 10, 2015, you accessed and printed off a large quantity of student information and records on students that you do not teach and you distributed these documents m a set of binders released to the Tennessee State Department of Education, the Legislative Education Committee's Leadership and to State Legislators. Contained in these binders was confidential student information that was accessed from your MNPS computer credentials." Response: Please note TCA 49-50-1403(2) and (3); TCA 49-50-1408(a) and (c). Paragraph 3: "Given the multkude of mformation disclosed about any one student, it is possible that the individual identity of a student could be determined." Response: Only an individual with authorized credentials would be able to identify the student. Please note TCA 49-50-1404; TCA 49-50-1408 (a) and (c). Paragraph 5: "During our meeting on January 6, 2016, you stated that although you teach at Hillwood High School, you accessed A+ scheduling, grades, progress reports, and other protected student information on students from Maplewood, Stratford, and Hunter's Lane High School." Response: I am. only able to access A+ data. I cannot access "... grades, progress reports, aad other protected student information on students from Maplewood, Stratford, and Hunter's Lane High School" therefore, I did not. Paragraph 9: "Additionally, PERPA allows the school officials only to access those educational records in which they have legitimate educational interests. You did not have a legitimate interest in the records you obtained and disseminated." Response: What are the defined boundaries of "legitimate educational interest when an educator has direct knowledge ofmalfeasance taking place either inside or outside said educator's building? Please note TCA 49-50-1404 and TCA 49-50-1408. Attempts were made to report these improprieties through proper channels but to no avail. Cc: Personnel file Robert C. Brown, Sr., M.S. /Educator/MNPS Paragraph 12: "This reprimand is based on the fact that. you obtained and disseminated personally identifiable student records in violation ofFERPA, MNPS policy, and state law." Response: Please note TCA 49-50-1408 (a) (c) andTCA 49-50-1403. Paragraph 13: "You are directed to use your MNPS credentials to access records regarding only those students for which you are responsible in your role as their teacher." Response: I serve as the A+ Coordinator at Hillwood and am responsible for any/all students at Hillwood who are enrolled in A+, even though the student may not be in any of my Independent Study classes. In addition, I serve as the Athletic Business Manager and file athletic eligibility reports for all athletes requiring the acquisition of student grade data even though the student may not appear in any of my classes. Please note the lack of clarity in "... your role as their teacher." I believe I operated in good faith as outlined in TCA 49-50-1402; TCA 49-50-1403; TCA 49-501404; TCA 49-50-1408; TCA 49-50-1409; TCA 49-50-1411.1 also believe this reprimand is unwarranted as outlined in TCA 49-50-1403(1) (2) and (3). Robert C. Brown, Sr., M.S. Educator/MNPS Cc: Personnel file KellyD. Brown, M-S./Educator/MNPS Date: January 21, 2016 To: Fred Can-, Chief Operating Officer From: Kelly D. Brown, M:.S./Educator-MNPS Re: Reprimand/Response This letter is my response to the written reprimand where you claim I violated the Family Educational Rights and Privacy Act (FERPA), and TCA 10-7-5 04(a)(4)(A) regarding the confidentiality of student records. \In your written reprimand dated January 15, 2016, you stated that I "accessed and printed off a large quantity of confidential student mformation and records on students that you do not teach nor have any direct professional contact with. in MNPS." Response; By your own admission in your reprimand, you state that I accessed this information "Several months prior to December 10, 2015..." My last date of employment at Pearl-Cohn High School was June 4, 2015. The "large quantHy of data" you reference was actually gathered-when I was still employed at PCHS. Much of the data I accessed and provided to authorized persons at the state level, were accessed before I left for summer break in June 2014. At that time I was sendng as the Lead Counselor for PCHS, and I was directed by the Executive Principal, Sonia Stewart, to make sure the academy counselors followed through with removing certain students from certain End of Course (EOC) courses. This directive was given to me in the first week of April, 2014. Therefore, I did have direct professional contact with these students. When I returned to PCHS in July 2014,1 was treated poorly by administration, which stemmed from speaking out against the academic improprieties that occurred three months earlier. Due to the tremendous stress I experienced caused by mistreatment from administration, I filed for FMLA and was approved. When I returned, almost all of my duties were stripped from me, my office was relocated without any notification, and I was intentionally isolated within the workplace. It was during this time of isolation and lack of assigned work duties that I chose to follow up on PCH8 students. I accessed student records with the intent of somehow finding a way to help those being harmed, since going through the proper chain of command was no longer an option. I immediately found that significantly more students had already been removed from EOC courses and placed in credit recovery. In fact, at that time a total of 71 students had been removed from EOC courses and placed in credit recovery. Although most had failed the fall semester, a few had not; and of those who had failed, all had grades of 60-69. This means that these students had a significant chance of earning full credit through grade averaging. As you know, the MNPS Student Proeression Plan for Grade Averaging allows for students to earn full credit if: 1) one of the semester grades is at least a 50, and 2) the sum of both semester Cc: Personnel file Kelly D. Brown, M.S./Educator/MNPS grades equals 139 or higher, Additionally, all students at Pearl-Cohn High School were never given grades below 60, per Executive Principal, Sonia Stewart. This was her directive, which is a violation of "district sradins policy", according to MNPS' own response, "Statement to Phil Williams on Peari-Coha High -School Allegations-Nov. 5,2015." PCHS operated under her grading policy directive for more than two years. C. Grade Averaging Grade averaging is an option for students who have failed one semester and passed one semester offlie same course (must have same course number) during fke same school year (fall, spring or summer school). To qualify for fhe grade averaging option, the failing semester grade must be between 50 and 69, inclusive. The sum of the two semester grades must equal or exceed 139 points. Standard, honors, IB or AP classes are eligible for grade Averaging if they have fhe same course code and are tdken during the same year. Courses that have different course codes cannot be grade averaged together eventf they are in the same subject. For'example: Standard English I oourse(ENG1102) cannot be averaged with honors English I course (ENG1103). The two semester grades will remain unchanged on fhs transcript. However, one credit will be awarded on the second semester transcript entry. The transcript will denote courses where grade averaging has been applied wiftt aa asterisk. Note: This policy became effective in Spring 2010-11. First time implementation occurred retroactively wifh Fall 2010-11 and Spring 2009-10, Begmningin 2012-2013, middle school courses taken for high sohool credit wiU be included in (he grade averaging prooess. Middle school courses taken for high school credit prior to 2012-2013 are not eligible for grade averaging. [MNPS-Student Progression Plan (SPP) 2013-2014, p 63] One of the concerns stated in the reprimand, '''...student numbers link many pages to individual students." These student numbers to which you refer are only accessible by those with authorized access to the school's database and thus, are authorized to view the students' infonnatio'n. Anyone unauthorized to use the school management system (SMS) would not have the access or ability to determine which numbers belonged to which students. The student numbers were intentionally left visible so that those examining the documents could verify that subsequent documents matched. As you now have the binders of information, you can see that all students have multiple documents to prove our allegations are indeed true. In order for those in position to assist in finding resolution, they would need to verify our very serious allegations. We had to make sure that those reviewing them would be able to know with certainty how the documents prove students were indeed removed from EOC courses, placed in credit recovery, and then assigned those courses in A+ credit recovery. I also wanted to make the Tennessee lawmakers and the State DOE [TCA 49-50-1403(2); TCA 49-50-1408(a) (c)] aware that some of the students affected were to be receivmg special education services. Their SEPs (Individual Educational Plans) were not followed, meetings to discuss potential schedule changes and removal from EOC courses were not held, and parents were not notified nor given the option to provide consent for such changes. As you are well aware, such actions are violations of federal laws as well as students'/parents' rishts. Such violations are exponentially more harmful to students than me sharing binders that contained student numbers that did not pouit out anyone's identity. IDEA Regulations-U.S. Department of Education, Office of Special Education Programs Add a new provision for amending the IEP without another meeting. In making changes to a child's D5P after the annual ffiP Team meeting for a school year, {he parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for fhe purposes of making those changes, and instead may develop a written document to amend or modify ftie child's current ffiP. If changes are made to the child's IEP in accordance with 34 CVS300.324(a)(4)(i), the public agency must ensure that the child's IEP Team is informed of those changes. [34 CFR 300.324(a)(4)] [20 U.S.C. 14l4(d)(3)(D)] Identify the metobers of the IEP Team. The public agency must ensure that the IEP Team for each child with a disability includes: o The parents of the child; o Not le^s than ofte regular education toaclier offhe child (if the child is, or may be, partioipatmg in the regular education environment); oNot less fhan one special education teacher of the cluld, or where appropriate, not less than one special education provider of the child; o A representative of the public agency (who has certain specific knowledge and cpialifioations); o An individual who can interpret the instmotional implications of evaluation results and who may also be one of the other listed members; Cc: Personnel file Kelty D. Brown, M.S./Educator/MNPS o At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and o Whenever appropriate, the child with a disability. In accordance with 34 CFR 300.321 (a)(7), the public agency must invite a child with. a disability to attend the child's IBP Team meeting if a purpose of fhe meeting will be ftie consideration of thopostsecondary goals for the child and the transition services needed to assist fce child in reaching those goals under 34 CFR 300.320(b). [34 CFR 300.321(a) and(b)(l}] [20 U.S.C. 1414(d)(l)(B)] In an effort to shed light on the severe harm being done to students in MNPS by administration, I had no choice but to gather evidence to prove such serious allegations. I was retaliated against when I expressed opposing views to Sonia Stewart. My husband, Robert Brown, a teacher at Hillwood High School, notified his principal, Dr. Steve Chauncy, of the students being pulled from EOC courses. Dr. Chauncy then reported it to his Lead Principal, Mr. Steve Ball. In an email (see attached) from Amy Wyatt, she alerted both Jay Steele and Michelle Wilcox. Again, nothing was done to rectify the situation. ?1 fact, it was immediately after this email exchange that Sonia Stewart called me into her office and proceeded to harshly scold me for leaking information and then to accuse me ofpurposefully trying to damage the reputation ofPCHS, Dr. Sanders, the assistant principal who I reported for completing credit recovery assignments for seniors, and Stewart's reputation. It became apparent that in order to stop the harm being done to students, evidence would be needed. For this, I make no apologies. We pursued other avenues as well. In July 2014,1 filed a complaint with the US DOE. Since Mrs. West and I had lost all trust with MNPS, we looked outside ofDavidson County for help. Mrs. West and I met with Representative Rick Womick in October 2014, who is on the legislative Education Committee. He advised us to seek legal counsel, and consider a meeting with the TN Comptroller's office. I was finally contacted by an investigator for the US DOE, Mr. Chance Jones, in January 2015. He recommended I meet with the TN Comptroller's office. It was then I decided to ask Rep. Womick to assist us in arranging a meeting with the Comptroller. On or around February 11, 2015, Rep. Womick, Mr. Brown, and I met with Mr. Justin Wilson, TN Comptroller of the Treasury, his clerk, andRene Brison, state investigator, and two additional mvestigators. I explained what was happening in MNPS with regards to testing and fraudulent data reporting to the students, parents, busmess men/women, and taxpayers of Davidson County. We met for over an hour and they seemed very concerned. We were told they would be in contact with us m order to gather more information. A meeting was later confirmed, so Mr. Brown and I met with Greg Cothron from the Comptroller's office along with an investigator on April 16, 2015. Also in attendance were Sara Heybum, Executive Director of the State Board of Education, Deb Malone-Sauberer, TDOE Executive Director for Assessment Logistics, TDOE Executive Director for the Department for Testing, and Chris Steppe, Director of Internal Audit for TDOE. At this meeting I presented several examples ofPCHS students' records. Each record showed evidence of wrongdoing with regards to pulling students from EOC courses and placing them in credit recovery for first time credit. These documents also indicated that some students were passing but had scored below basic on district predictive assessments called DEA (Discovery Educational Assessments). Not only did I provide examples of student data from 2013-2014 school year, I also provided examples showing student data from 2014-2015. Additional records indicated that PCHS had Cc: Personnel file KellyD. Brown, M.S./Educator/MNPS increased the total number of students pulled from 12 in April 2014 (note attached email indicates 4 students, which is inaccurate) to 71 in Tanuary/February of 2015. This is an increase of nearly 600%! I explained to everyone at this meeting where to look and how to find all other student records. I told them I had seen records from Hunter's Lane High School that showed twice as many more students were affected by these same practices. Since Mrs. West was unable to attend this meeting, her documents were not available for them to review. However, I did stress that the vast majority ofHLHS students were passing -with grades ofBs, Cs, and Ds. I also told them I had spoken to employees at IVIaplewood High School and Stratford High School who confirmed this practice was taking place at their schools as well. We had also heard through a third party that White's Creek High School also pulled students from testing. With all of this information and the apparent denial and dismissal of our allegations by MNPS executives, Mrs. West and I felt we had no other choice but to look elsewhere for support. If this does not constitute a "legitimate educational interest", then I don't know what does. Mr. Cothran emailed me after our meeting and stated that Deb Malone-Sauberer would be my point of contact. On April 21,2015,1 followed up with Ms. Malone-Sauberer. She stated, "... we have started reviewing the information provided." I followed up again with Ms. MaloneSauberer on June 2, 201 5, but never received a reply. I emailed her again on July 2ml and July 13fh, and have yet to get a response. Mr. Gary Blackburn, Attorney at Law, was contacted. After hearing our concerns and the many avenues we had pursued to find resolution, he agreed to represent us. We then decided to contact Mr. Phil Williams. The few documents provided to Phil Williams, Investigative Reporter for Channel 5 news, were completely redacted. PCHS students were labeled by me as "Student A", "Student B", etc..... and Mrs. West did the same for HLHS students. This format was followed in an effort to not violate FERPA. She and I would have never sought media attention had we been able to find resolution within the proper chain of command in MNPS. All of this took place in our attorney's office. Had it not been for the efforts ofRep.Womick, Mr. Blackburn, and especially Mr. Williams, I would not be writing this response to such an undesen^ed reprimand [please note: TCA 49-50-1403 (1) "Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation, or the threat of such discipline or penalty.] As far as using another employee's login credentials in order to obtain, critical information from Hunter's Lane High School, I am sony. I am sorry for the undue stress this has caused a very well-meaning colleague who had no knowledge that I was accessing information from another school outside of my currently assigned schools. His credentials were used initially to run reports for my currently assigned schools from which my login would not allow. I am also sony that MNPS chose not to resolve this matter nearly two years ago, when we first brought it to your attention. I dare say had MNPS cared more about doing what was best for students; others like Cc: Personnel file Kelly D. Brown, M.S./Educator/MNPS Mrs. West, Mr, Brown, and me would not have had to put ourselves in precarious positions in order for these practices to cease. In your letter of reprimand, you stated that I violated EERPA because I disclosed personally identifiable information (Pit) to the state DOE and "the Legislative Education Committee's Leadership and two State Legislators at the House Education Committee meeting on December 10,2015." You also stated in your letter, and Laura Hansen repeated to me several times during our meeting that I did not have a "legitimate educational interest". Response: Mrs. West and I gave Representative Rick Womick a redacted copy of our findings. We also gave a copy to Representative Harry Brooks' legal aid whom we were told had the authority to look at such records. This legal aid sat next to Rep. Brooks throughout the hearing held on December 10ft. We did not give the entire committee multiple copies, or even one copy to review. If the committee reviewed the records, it would have been because Rep. Wbmick or Rep. Brooks allowed this. As I stated multiple times in our meeting and again in this response, I believe I had and still do have a legitimate academic interest for any student in this district whose academic rights are being violated. Please note: [TCA 49-50-1402; TCA 49-50-1403; TCA 49-50-1404; TCA 4950-1408; TCA 49-50-1409; TCA 49-50-1411]. As a counselor, I have a duty to report any wrongdoing that is to the detriment of students. My responsibility as a counselor and/or caring teacher of this district is to serve in the best interest of students. As a devoted school counselor, my first responsibility is to students, and I take that responsibility very seriously. As a seasoned employee of this district, I have many who will attest to my excellent skill set, knowledge in my field, and strong belief in following the law and high ethical standards. I have strong letters of recommendation from current and former leaders in this district who confirm my passion for helping students and high ethical standards. It is my deep commituient to these standards that have caused my fellow colleagues and me to take a stand for the hundreds of students who have suffered a terrible injustice. Rep. Womick and Rep. Brooks are elected officials who both ser/e on the Joint Education Committees for our great state [TCA 49-50-1403(2)]. They were given redacted information in order to verify our claims of student removal from EOC courses m this district by its lead officials. We spent many long days compiling this material and redactmg the information prior to handing it over to the state legislators. Since we had multiple pages of evidence for each student, we estimate to have processed hundreds of pages of documents. We believed we had carefully redacted everything necessary, but did learn later that a few names were overlooked. However, FERPA states that there are many exceptions to those who may view PII without written consent. We believe we acted m the best interest of students and provided information to those in position to investigate, get to the truth, and fmd resolution [TCA 49-50-1408].We asked for the binders to be returned to us after the hearing on December 10th, and we were given only the set of binders in Rep. Womick's possession. Rep. Brooks stated he would return his set to us on the following Monday, but instead he turned them over to you. Cc: Personnel file Kelly D. Brown, M.S./Educator/MNPS Mr. Carr, I am deeply troubled by how this district continues to work against Mrs. West and me rather than coming to the aid of the students. Those in power are quick to quote policy and law to subordinates, but somehow shirk their own responsibilities to policy and law. Your letter reprimands me for violating FERPA, MNPS policy, and state law. My reprimand letter made local news. Yet, by admission from Central Office, Dr. Sonia Stewart violated MNPS "distdct grading policy" regarding the district's grading scale and no disciplinary action was made public. Additionally, M3SIPS violated IDEA (Individual with Disabilities Education Act), its own MNPS policy, and state law which affected hundreds of students (and potentially more). The evidence in those binders, which has now been ia your possession for over a month, is clear that the allegations made by Mrs. West and me are completely true. Two MNPS students and one parent have come forward confirming our allegations as well. I am confident that many more will come forward in the days and weeks to come. It is unfortunate that men and women in positions of authority do not learn from others in similar positions in other school districts. Nashville isn't the first district to fall into the trap of seeking accolades and continued funding for what seems to be a job well done, and I'm sure it won't be the last. When attaining a score (rather than educating students) becomes the focus and definition of success, there is a temptation to misrepresent data. Atlanta is just one recent example of what happens when scores become the definition of success. It's interesting, that with all of the evidence you have in your possession, the district's first response is to reprimand the very ones who are trying to help these students. You stated, "MNPS would not have authorized the access or distribution of fbese confidential student records, even if you had sought permission in advance to disseminate them." Based on previously failed attempts in going through proper channels, I found myself having to make hard choices in how to proceed. I am committed to the students and families ofMNPS and will continue to do what I feel is necessary to find resolution. Kelly D. Brown, M.S. Educator/MNPS Cc: Personnel file Kellv D. Brown, M.S./Educator/MNPS Brown, Olivia H From: Wilcox, Iviicheiie Sent: Thursday, May 29,2014 2:39 M To: Wyatt, Aimse;Stee]e, Jay Subjsct: Re: repoc: I have tstked with Sonfa. 1. A total of 4 students were moved. One counselor on one temi justforgo-tTO move students out ofda'sses and thus those students have failed, not had content recovery and did mdeect take the EOC. 2. One AP had one graduate working in content recovery and 'worked closety with har, did not: take the test for her, but did encourage her to re'/'iew her test answers, and may have read some questions to her fn (I THINK) a social studies course the student needed to graduate. There is an employee who is the one who has called S2. an academic integrity issue. Sonia is cbhftdent there was no intenUo "cheat" or to violate academic Integrity on the part of the AP, andtfteAP did not take the course nor the test for the student. She is receiving a reprimand forbeingtoo engaged with the student during'tlieA+testing, tn reta.tiori toaU of this, I think it's very important: to review the credit recovery policy; grading, etc., and when training occurs, and when -teachers are put into those classes, they sign an understanding of their role specific to assigning students to the correct courses, grading, and interventions during coursework and testing. Ideally, even in content recovery there should be some teacher instruction, ...j, i'.lichelle Wjlcox, Ed. D, Executive Lead Prmdpal., Secondary 2601 Bransford Ave. f.fashviHe, TN 37204 Ooris Seety/ Secretary S15-Z59..8509 From; , AimeeW'/att Date: Thursday, May 29, 2014 at 1:19 PM Tft-Serril! WILCOX , "Steele, Ja\'" Subject; report Stevs Chauncy reported to Steve Ball that some teachers are uoset about a "rumor" going around regarding an assi$tarit, principal at Pearl Cohn, He does not know which AP they were referring to, but this is whatwas told to him; After the 3roDEA, same students were pulled from EOC classes and placed in A-for first time credit. Supposedly, this AP completed the work on A-for the students and they earned credit for the course. No one knows if there is any truth to this, but both Steves thought it important to report that this Is being said and I told them I would give it'to y&u to investigate. J)t, g^ifnes Wffcsfx Executive Lead Principal.for High Schgots oietropolitan Nashvj!le Public Scho.sis -/601 Brsnsford Ave, Nashville, TN .37204 615-259-8708 Cc: Personnel file Shana L CLaud-West, Ed. S/Educator/MNPS 1 To: Fred Carr, Chief Operating Officer From: Shana L Claud-West, Ed. S School Counselor Date: February 1, 2016 Re: Reprimand/Response This letter is to document our meeting on January 12, 2016 and my response to the written reprimand claims of violating (FERPA), Family Educational, AND TCA 10-7- 504(a)(4)(A) regarding the confidentiality of student records. During our meeting you cited that "during my tenure at Hunter's Lane High School, you accessed, collected, and printed off a large quantity of confidential student information and records on students that you had in your case load. You then shared this information with others including Mark North. You later shared this data with Kelly Brown, a teacher at Robertson Academy, and you assisted her in collating and distributing these documents in a set of binders to the Tennessee Department of Education, the Legislative Education Committee's Leadership and two State Legislators at the House Education Committee meeting on December 10, 2015. You also cited that I have not been assigned to Hunters Lane since July, 2013." Response: It is not uncommon to print off documents as a point of reference in the event of computer failures or in cases when documentation of work completed becomes necessary which may include hard copies of transcripts, course requests, schedules, and view change history reports etc. As I explained during our meeting, these files were redacted and never disclosed to anyone not authorized to view them including then Attorney Mark North. Mr. North agreed to represent me during my tenure at Hunters Lane in an effort to help support my earlier claims in 2014 that Assistant Principal, Snodgrass removed students out of required state mandated End of Courses (EOC) in order to inflate test scores under the direction of the Executive Principal, Susan Kessler. You also claim that "I have not been at Hunters Lane since July 2013." My last date at Hunters Lane was actually January 2015. Per my request, I was granted a transfer to another school. I suffered relentless retaliation for disclosing the removal of students from required End of course (EOC) courses, which were necessary for promotion and graduation (see attached email, p. 7). I was then demanded to retain them due to MNPS's policy that states, "students cannot promote unless they passed Math and English." These students were not given a fighting chance if the courses were removed from their schedules. As I stated in my meeting with you it's like "shooting them in the foot before allowing them to walk." Cc: Personnel File Shana L CLaud-West, Ed. S/Educator/MNPS 2 My transfer was approved and agreed upon by then Director of Schools, Dr. Jesse Register, and Chief Operating Officer, Dr. Jay Steele. Both were made aware of these improprieties in 2014, which constituted the transfer. This transfer was arbitrated by Attorney Mark North, and executed by Human Resources Director Dr. Barry Potts. The general public and parents of these students will not be happy as they become aware of the magnitude and the effects on student achievement resulting from student removal from classes. The reprimand [please note: TCA 49-50-1403 (1) "Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation, or the threat of such discipline or penalty.] that has been placed on Kelly Brown, Robert Brown, and me for disclosing such an egregious attempt to inflate test scores by misrepresenting data may not be well received by the public either. Also according to FERPA parents would need to file a complaint regarding the injustices rendered to their child in order to make this a punishable offense. It is also policy to notify parents when students' schedules are being changed. I was only made aware of these changes when parents started calling inquiring. (Please see attachment, p. 6.) Mr. Carr, as I stated this has been going on since I arrived at Hunters Lane in 2013. I have suffered cruel and unusual punishment by the administration at Hunters Lane for advocating for students and parents. As a result of my disclosure, I was referred to Attorney North who indicated he had direct access to Dr. Register, and Jay Steele. Mr. North had previously served as chairman of the board of education. He agreed that this was egregious and felt he had an open door to Jesse Register and tried to assist me. Mr. North and I agreed not to file a formal complaint, as Dr. Register wanted to handle the situation personally. So we agreed to allow him to do that. At that time my only request was to be transferred, personnel file cleaned from all derogatory evaluations made by Susan Kessler, and for Kessler and Snodgrass to be punished for their wrongdoings. Instead, I was black listed, unassigned, and literally unable to find a position after being "unassigned" from my new role as counselor at Joelton Middle where I was transferred in the summer of 2015. Another administrator told me that Susan Kessler made derogatory comments about me. The only thing that resulted was my transfer; but, even after the transfer, I've continued to suffer for exposing the wrongdoings of the district. There was also a negative face book post about me visibly "liked" by Susan Kessler that I shared with you. "Liking" a negative comment about an employee on social media is clearly unprofessional and unbecoming an administrator of Metropolitan Nashville Public Schools. I'm sure she was not reprimanded. Cc: Personnel File Shana L CLaud-West, Ed. S/Educator/MNPS 3 Knowledge of this and other incidences relative to the abuse suffered was shared with my Union Representative, Erick Huth who has spoken out on several occasions regarding these events. Executive Principal, Dr. Susan Kessler, also placed me on a Plan of Assistance (POA) in an effort to sabotage my evaluations. During the POA meeting those present included the following: April Snodgrass, Assistant Principal, Hunters Lane; Susan Kessler, Executive Principal, Amy Wyatt, Director of High Schools, Dr. Erick Huth, Union Representative, and I. Dr. Huth was the only one in the meeting who agreed with me that the plan was unjust and an attempt to further discredit me. I have gone from receiving evaluation scores of 5's, 4's, and 3's, from my previous school to 2's, 1's and PYE (Partial Year Exemption) all at the hands of Susan Kessler for speaking out against removing students from required state mandated EOC classes. Prior to coming to Hunters Lane High School, I received evaluation scores of 3 and higher. It was only after I spoke out against students being pulled from EOC courses without parent knowledge that I began to experience injustices. According to the citation you cited "TCA 10-7-504(a)(4) regarding the confidentiality of students record, you failed to mention that: "However, there are a number of exceptions to FERPA's prohibition against non- consensual disclosure of personally identifiable information from education records. Under these exceptions, schools are permitted to disclose personally identifiable information from education records without consent, though they are not required to do so. Following is general information regarding some of these exceptions. One of the exceptions to the prior written consent requirement in FERPA allows "school officials," including teachers, within a school to obtain access to personally identifiable information contained in education records provided the school has determined that they have "legitimate educational interest" in the information. Although the term "school official" is not defined in the statute or regulations, this term to include parties such as: professors; instructors; administrators; health staff; counselors; attorneys; clerical staff; trustees; members of committees and disciplinary boards; and a contractor, volunteer or other party to whom the school has outsourced institutional services or functions." You also stated, "Although most student names were redacted in the binders, student numbers link many pages to individual students. On some of those pages, you made handwritten notes about the students' IEP or medical diagnoses." Response: Many of the students had IEP's, (Individual Education Plans) or medical diagnoses. These students are in a protected class with disabilities, and removing them from any class without parental knowledge is a federal offense, and I'm sure those parents would like to know if their child was subjected to this form of manipulation. Cc: Personnel File Shana L CLaud-West, Ed. S/Educator/MNPS 4 There were not any notations of medical diagnoses; as I did not have that information in my possession and I would never disclose that information; however, there were notations acronyms that only an educator (under the prohibitions exceptions) would understand to show that even students with disabilities were affected and removed from required classes. You also stated that many of the ID numbers were visible. Again, it was not our intent to expose any of the identifying information on the students; however, due to human error maybe some of the identifiers may have been inadvertently exposed. Unlike the hundreds of students documents that revealed intentional removal from passing (EOC) classes. Our sole and only intent was to do goodwill and expose some of these injustices imposed upon our students. In any event only a qualified person with authorization could use an ID number to identify these students. As a counselor, it is my duty and obligation and a part of counselor's creed to disclose anything that may adversely affect a student's achievement, "I have a duty to report" any wrongdoing. Unfortunately, these disclosures came at the price of implicating the educators our families have entrusted their most precious gifts to, their children, and who have pledged "no maleficence"(to do no harm). You stated that, "during our meeting you also showed us a binder of information you had gathered during your research on the EOC/testing issue and allowed us to copy two sections from this binder along with an email you sent to Hunter's Lane Assistant Principal, April Snodgrass." (See attachment, p. 6.) Response: The documents I showed you were student course request records that were used by Assistant Principal April Snodgrass in an attempt to sabotage my records by trying to prove that I had incorrectly placed students in the wrong classes. As stated previously, it is not uncommon to make hard copies of transcripts, schedules, course requests, and view change history reports as a point of reference in the event of computer failure or when it becomes necessary in such times as these. In this instance, copies of course requests were made in an effort to keep track of students' course request selections prior to the end of the school year, 2014. However, upon my return to Hunters Lane in the fall of 2014, I discovered my course requests had been altered by Ms. Snodgrass, and had copies as proof, which I shared with you and placed in your hands, and again nothing was done. You were also given a copy of an email sent to Ms. Snodgrass addressing parent complaints regarding students being removed from required state mandated EOC classes, specifically at that time honors classes. (Please see attachment, p. 6.) I might also add that the fact that these students had no schedule in the student management system was used as justification for placing me on a "new and improved" Intervention Plan in the fall of 2014. Since that time, I have specifically retained the documents in question to prove my innocence in the matter. Snodgrass and Kessler clearly engaged in a conspiracy to discredit me and justify their "new and improved" Intervention Plan. Cc: Personnel File Shana L CLaud-West, Ed. S/Educator/MNPS 5 Mr. Carr, the harassment and abuse I have sustained is a direct result of my advocating for my students and their parents. This same documentation was given to the Director of Schools Jesse Register, and Mr. Jay Steele in 2014 by Attorney Mark North of which you claim you cannot substantiate. (Please see attachments, p. 6-8.) There was nothing to substantiate with the evidence placed in your hands right in person. You also stated, that "I am directed to use my MNPS issued data access credentials to access only those students for which you are responsible in your role as their guidance counselor. You are to follow FERPA carefully and not access or share protected student information with anyone for any purpose outside of your direct responsibilities or your position in the school district." Response: The student data that I accessed were records of those on my caseload while at Hunters Lane High School as well as those I had an educational interest and access to. The documents that were accessed were dated 2014 school year and were the same documents that were also given to you. After being allowed to transfer to another school there was no way to access files from Hunters Lane High School unless I was assigned to that school. However, there is no policy that states I should discontinue concern for student achievement and the wellbeing of former students after transferring to another school. I am sure parents' and the general public would appreciate my long-term dedication to students' academic success. Had it not been for the hostile environment and the retaliation inflicted upon me by the administration at Hunters Lane, I would have probably remained there. Mr. Carr, I regret that you have decided not to deal with the bigger issue, and that being what has been done to these students by trying to place the focus on the three of us. However, after all I have been through with this administration, a reprimand (although unjust) pales in comparison to what I have experienced from the administration of Hunters Lane High. In closing, I would like to express my deepest and sincere concern for the students and families that have been affected by all of this. Your reprimand of me is nothing compared to what has been done to these children. I stand by my decision to expose the district for all its malfeasance. This is only an attempt to divert the focus from the bigger issue. Sincerely, Shana L Claud-West, Ed.S Shana L Claud-West Ed. S School Counselor Cc: Personnel File Shana CLaud-West, Ed. S/Educator/MNPS 6 Cc: Personnel File Shana CLaud-West, Ed. S/Educator/MNPS 7 Hand-West. Shana a? FW: Sohedule changes February 13,2011 atQm AM fyi Shana (Stand-West, Hunters Lane High School, Freshmen Academy Counselor 1150 Hunters Lane Nashville, Tennessee (615)?860?1401 1924 Fax {5151-3604414 From: (laud-West, Shana Sent: Tu?day, February 13, 2014 9:44 AM To: Snodgrass, April Subject: Schedule changes Ms. Snodgrass, Several parents have called regarding new schedule changes. Just FYI, I am forwarding them to you i am unaware of the reason. I know you sent out an email to teachers that new student schedules were in their boxes, but that?s all i know. The majority are calls concerning schedules that were changed from English to English CAR. 1What are we going to do with those spring credit classes that's needed to promote to the next grade level? Also, how are students going to make up the credits if they did not fail the class? Thanks, Shana CLaud-West, Ed.5 Hunters Lane High School, Freshmen Academy Counselor Hunters Lane Nashyiile, Tennessee 33"20? {513?350?1401 1924 Fax [613?360-1414 Cc: Personnel File Shana CLaud-West, Ed. S/Educator/MNPS 8 CC: Shana L- Claud~WesL, Ed. S. August 22.331?? 'vlel renelitan NashviFle l'e-l'il it: Fit-heel 3r. lesse Register, Fe. D. Direttnr e?r Sit-litmus Breirisliirtl Nasln??ille. Dear Register, First I would lilce li: Osgiress my gratitude i'ur serving the students I?s'asiitflile l?leiit? Selim-[1| and If: have the ripperiunity be an employee is.? eight years. clue to challenging si'. uatieins at my present sehenl, liunters Lane High. am esperieritzing an em-irenment retaliazien and uneertaln I'le'nrir'f? n1i?1il." r"1| irn'l i-?ur the past year, have been subjected to unfair praetiees that have nnL-n-i I Ila-:Jul my as a Licensed l??ral'essii'mal Seheul {jeansehir emisider myseli'a grind counselor and awe what i (in. My students and parents earl attesl Lt'] that as they .1.- .1 4" a ?in - 1J.I I.. .--.1- --. LlJl'Lu .- . CDHLuiu-e suivt.? ALI Lilia .JL.L have ifu'i iJCEtitiiGi'iS. it is my gual [a under a stall where the main geal is serving students and helping them sueizeeti tn the next level {if i heir aeademie career. 11 is with my deepesl expression that lam requesting; a transfer from Hunters Lane High in a more suitable elaeement. where the fetus is mere un student settess arul not heing in an distrust and unfair praeliees under present leailershin. 'I'Z'mnlt you for time and alienlii?ui L0 this J'natter. and ofmy request will he greatly i neere'ly[Lihe; LE- thief-gram a A Shana Ms. lid. License Professional Personnel File Shana CLaud-West, Ed. S/Educator/MNPS 9 MEMORANDUM TO: Shana West File FROM: Mark North DATE: August 25, 2014 RE: Meeting with Dr. Register I met with Dr. Jesse Register, the Director of Schools, on August 21, 2014 to discuss Shana Claud-West. I discussed the situation of how she had questioned the moving of students of EOC classes in February prior to the tests and not long after that she had been mistreated. He asked me to have her write a letter to him requesting a transfer and deliver to him in an envelope marked con?dential. He indicated that he would review her record and make sure that she was eligible for a transfer and look into it. He also requested documentation showing the removal of students EOC courses. Cc: Personnel File Shana CLaud-West, Ed. S/Educator/MNPS 10 Cc: Personnel File