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by tokenadult 4767 days ago
I am on record in the earlier thread about this incident

https://news.ycombinator.com/item?id=5777578

saying that the first news report sounded like John Dryden is an unusually thoughtful social studies teacher, and that he was just relating the general concepts that he is hired to teach his students to a real-world situation facing the students. Even after reading the follow-up report submitted to open this thread, I'm not at all sure that Dryden was trying to undermine the survey process. Here's a key passage from the middle of the story submitted here:

"Dryden, a social studies teacher, told three of his classes that they had a Fifth Amendment right to not incriminate themselves when they took a social-emotional learning survey April 18. Some of the 34 questions asked students about their drug and alcohol use, as well as about their emotions. Their names were on the surveys, as it was intended to identify students who could use help, according to school district officials. Those whose answers raised red flags were called in to the school's student services workers, including social workers and counselors.

"Barshinger said there was no Fifth Amendment issue, for several reasons. Once students' names were on them, he said, they would have become student records and subject to student privacy laws. And students cannot incriminate themselves because, even if the district shared the information with police, police can't prosecute based on that, he said. They are only allowed to arrest students if they are harming other students, such as in a fight, or if the student is in possession of drugs or alcohol, Barshinger said.

"Board president Cathy Dremel, speaking on behalf of the board, said Dryden 'mischaracterized' the efforts of fellow teachers and administrators, some of who had worked on a committee for a year to find a survey instrument that would assess students' risky behavior.

"'The board will not support any employees giving students false impressions about those who come here every day' to work for their best interests, she said."

I am a lawyer by training. I don't actively practice law currently, but I stay alert to the law related to K-12 education, which was my motivation for studying law. In my experience, school district officials are often VERY BADLY advised on what the law is, and their default assumption is that they can do what they want, and hide what they are trying to do from parents who have the actual legal authority to guide their children's educations. I wouldn't take these kinds of statement from the district superintendent or from the school board president as the last word on what the legal consequences of the student survey might be.

I think another Hacker News participant said in the earlier thread that he lives in the district and would report on what he observed at the school board meeting about the survey. I'm not completely sure that this latest news story, which fills in more details that weren't reported in the first story, settles the issue of whether or not teacher Dryden's behavior was appropriate under the circumstances.

5 comments

I am a high school teacher, and I've been working with at-risk students my entire career. I have always paid attention to the surveys I am asked to administer to students.

If I were asked to administer this survey, I would have the same red flags. A survey asking these kinds of questions, with names on them, is pretty serious and students deserve to know what is going to be done with the results of such a survey. They also need to know they have the right to make their own decisions about how much personal information to share.

As a teacher, I would expect this kind of survey to be pretty heavily front-loaded. So either the administration did not prepare staff well enough about administering this survey, or this teacher was not paying attention when it was discussed ahead of time.

Many people in education are afraid of being perfectly honest with students. We need more openness in education, not less.

Fellow lawyer here. I'm not a criminal attorney, but I agree that the superintendent's word shouldn't be taken as the last word.

Although he might be strictly correct as it pertains to police not being able to prosecute based on the surveys alone, they certainly could subpoena the survey results if a student were to get in trouble in the future. A student's statement could be used against him for another related or even unrelated crime.

Imagine being on the stand and the prosecutor pulls out this sheet and says, "you just said you've never used any drugs before, but this survey you filled out says that you did. Are you lying now or were you lying then?"

It seems it would be admissible as non-hearsay because it's a statement of a party opponent under FRE 801.

it was intended to identify students who could use help

"We're from the government and we're here to help you" coupled with "you have nothing to hide, right?" seems an unwise combination.

The skepticism is mostly inappropriate in the context of public education. It is the purpose of public school educators to help their kids, and that often requires disclosure of information that would not be required of an adult in the same situation.
It is the purpose of public school educators to help their kids

Well, that's what they say. Looking at the way that the public school systems are run -- the way they fight school choice, the way they fight merit systems, the way they resist all efforts to measure teacher competence, the way they fight firing criminally bad teachers -- it seems that the purpose of public school educators is to protect their jobs and power base.

It's no coincidence that the NEA is the largest union in the country.

Naturally, there are some great teachers out there... but if you're going to generalize, at least cover the most obvious purpose of those you're generalizing. As a whole, the public education system itself is a self-serving disaster.

No, the purpose of public school educators is to EDUCATE. Disclosure of such information is NOT required for the educational process. These attempts to improve the process by probing and influencing behavior outside the classroom grossly oversteps appropriate boundaries.

The information being demanded (and, where possible, anyone advocating not complying is being punished) is subject to naive, ignorant, bigoted, and biased interpretation by people not trained, hired, nor authorized (by parents) to interpret that information, yet those same people are empowered to act on their interpretations with severe consequences up to and including "reprogramming"[1], expulsion, and prosecution. Some of the information revealed seems persuasively permissible ("are you currently a user of illegal hard drugs?"), but many are subject to gross misinterpretation of answers ("have you ever consumed alcohol?" "yes", not explained as in fact a tiny amount a few times during Communion at church). The context is inappropriate and veiled, the answers viewed without parental permission, a permanent record is made, and "anything you say can be used against you in a court of law".

tl;dr - none of their business. Teach the subjects assigned; don't pry unless there is objective reason to do so. What my kid is doing outside the classroom is my problem.

[1] - someone taught my niece that "gun" is a "bad word". She won't fess up to who, and I have reason to believe it's her "educators". In a culture where owning & using them is common family recreation & survival, this crosses the line.

Never has it been deemed necessary to educate a child by making him put into writing his misdemeanors. Ever.

If you want to educate a child or a minor, please please please talk to him personally. If you cannot do this, you are not going to educate him.

And never in your life ask him to write anything wrong about himself. Even less with his name on it. It is a useless exercise which can only have ill side-effects and help nobody.

Really? Data that you don't control has effectively become a permanent record. On the one hand we say that any information on kids is private, and on the other it's being handed to third parties, and we all know that you can never really take that back. Sharing information about your crimes or abuses with the State or corporations is something that you will certainly regret in a couple of decades.

[ http://nycpublicschoolparents.blogspot.com/2013/03/inblooms-... ]

I don't think there's anything about education that requires the sort of information they were requesting. I think it's a perfect occasion for skepticism. In fact, I think public anything is a good occasion for skepticism.
> It is the purpose of public school educators to help their kids

Let's assume this statement is true, and public school educators are all saints who would never use the survey responses against their students in any way.

How do you know that only public school educators will have access to the information?

What if the surveys are sent back to the survey company for scanning, so that company now has the results as well? What if the information is stolen, leaked, or hacked, and posted on the Internet for anyone to read?

How do you know that some ambitious prosecutor who's looking for easy targets won't just find a lax judge who'll sign off on a subpoena of the survey results? School officials refusing to comply with a subpoena and going to jail to protect their students in this situation seems to be squarely in the realm of fantasy. Before you say something like "it is the purpose of prosecutors to serve the interests of justice, so they would never do crappy things," please read about Aaron Swartz. And really, by some definition, enforcing anti-drug laws in the most cost-effective manner may be an optimal use of a prosecutor's time.

That's incredibly naive.
A survey seems a rather crude method, though, surely.
I posted my observations from last night in the other thread. Overall what impressed me was two things:

- Dryden's supporters came from everywhere on the political spectrum

- Kids were really smart and really amped up about their rights

Sadly, I was pretty sure Dryden's censure was a forgone conclusion while watching the administrators stare blankly across the room while people poured their hearts out.

Link for nsxwolf's observations (thanks for posting!):

https://news.ycombinator.com/item?id=5786439

What I think is rather ridiculous is the reliance on survey methodology to assess drug/alcohol abuse among the student body.

Questions about drugs/alcohol/sex on student surveys are typically rather inaccurate.

Yeah, the smarter kids know that their best option is to not volunteer that kind of information, which ensures that the survey only represents the fraction of the students who are naively trusting of the school administrators.