Complaint Against Raymond SAU33 for Violating New Hampshire Law

by
Ann Marie Banfield

The following 91-a Right To Know Request was sent to the Superintendent in SAU33/Raymond School District after I received notification that students were wearing digital badges to track their behavior. I’ve also been told that other districts are using the same surveillance devices on their students. New Hampshire law requires a digital tracking device to have school board approval after a public hearing, and parents/ guardians must consent. Teachers are using their personal phones to scan the badges and students PII (personally identifiable information) and school photos are all shared with PBIS Rewards. Cellphones are not secure devices.

NOTE: Nothing about parental consent when sharing this sensitive data, or anything about parents or guardians in this statement:

There is nothing in the documents about a student’s right to privacy that is now included in The New Hampshire Constitution.
An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

This is government surveillance, and includes the sharing of personal information with a 3rd party vendor. There are no privacy protections in place to secure this data because in December 2011, the U.S. Department of Education changed the regulations governing the release of student data to the private sector, without Congressional authorization to do so.

From the information provided by the school district, I am unable to confirm that the district followed the law. I have asked for in investigation by The New Hampshire Department of Education.
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Dear Superintendent Leatherman:

Pursuant to the Right to Know Law (RSA, 91-1), I am requesting public access, within 5 business days, to the governmental records:

1) All documentation on any and all PBIS systems used in the SAU33/Raymond School district.

2) Any and all consent forms sent to parents or guardians by SAU33 so they could approve the use of a digital badge or technology device used to transmit information, or monitor the students.

3) Copies of school board notes from any discussions or votes by the school board approving the use of a digital badge or technology devices used to transmit information, or to monitor the students.

Per RSA 91-A:4IV(C) If you deny any portion of this request, please cite the specific exemption used to justify the denial to make each record, or part thereof, available for inspection along with a brief explanation of how the exemption applies to the information withheld.

Please let me know when these records are available for inspection or you may email the records to me at Banfieldannmarie@gmail.com.


Ann Marie Banfield
TRUST REQUIRES TRANSPARENCY

RECEIVED FROM:
Jennifer Heywood <j.heywood@sau33.com>
Attachments

to me, Terry

Good morning. In response to your Right to Know Request dated March 14, 2023, please see the attached documents.

Regarding school board discussions or votes, we’ve searched by keyword for items relevant to your request and we did not find any matches. However, there may be instances of board discussion that didn’t appear in our search results. You are welcome to view board meeting minutes and backup documentation. Minutes and backup are readily available on our website dating back several years: minutes may be found here, and backup documents may be found here. Alternatively, you are also welcome to view minutes at the SAU Office – please contact me to set up a time and what timeframe for minutes you would like to view, and we will have them available for you.

Kindly,

Jennifer.

Jennifer Heywood
Administrative Assistant to the Superintendent of Schools
Raymond School District, SAU 33
43 Harriman Hill Road
Raymond, NH 03077
603-895-4299 x1103
Fax 603-895-0147
j.heywood@sau33.com

COMPLAINT SENT TO The New Hampshire Department of Education: 

Dear Ms. Fenton,
Per the correspondence below involving a 91-a Right to Know Request sent to SAU33  Superintendent Leatherman, I am asking you to begin an investigation to determine if the district administrators violated RSA 189:68-II.
II. No school shall require a student to use an identification device that uses radio frequency identification, or similar technology, to identify the student, transmit information regarding the student, or monitor or track the student without approval of the school board, after a public hearing, and without the written consent of a parent of legal guardian of an affected student which may be withheld without consequence. 

 

It appears the district is currently using a digital badge device to track students. Based on the email I received back I have not been able to confirm that this device was approved by the school board, or that parents have consented as required by RSA189:68-II. State statute requires school board approval after a public hearing, and this must be done with written consent by a parent or legal guardian.
Respectfully,
Ann Marie Banfield

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3.20.23 RTK PBIS

 

Author

  • Ann Marie Banfield

    Ann Marie Banfield has been researching education reform for over a decade and actively supports parental rights, literacy and academic excellence in k-12 schools. You can contact her at: banfieldannmarie@gmail.com

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