Showing posts with label summit charter schools. Show all posts
Showing posts with label summit charter schools. Show all posts

Wednesday, December 6, 2017

Update on Summit Learning Platform, including my visit to a Summit charter school



Cross-posted from the Parent Coalition for Student Privacy website.

There have been new developments since I wrote about my privacy concerns with the Summit online platform in September for the Washington Post Answer Sheet. I followed that up with a longer piece on the website of the Parent Coalition for Student Privacy, with criticisms and observations of parents at schools using the platform, saying that their children have become frustrated, bored, and disengaged as a result of spending hours each day in front of computers, receiving very little feedback from their teachers.

Summit charter schools and their online platform, now used in over 300 schools across the country, both public and charter, have received millions of dollars from Bill Gates and Mark Zuckerberg; Zuckerberg has pledged to support the continued expansion of the online platform through his LLC, the Chan-Zuckerberg Initiative.

Shortly after my Washington Post piece appeared, I was contacted by Diane Tavenner, the CEO of Summit charter schools, who asked if we could meet when she was visiting NYC. I agreed. We had lunch on Sept. 15, and I handed her a list of questions, mostly about Summit’s privacy policy, most of which my associate, Rachael Stickland, had already sent to Summit staff that she had met at SXSW Edu the previous March, and to which she’d never received a response.

Diane was perfectly pleasant, and emphasized her commitment to students and the value of the program, but offered few substantive answers to any of the questions I asked her at lunch. When I asked her why Summit and the Chan-Zuckerberg Initiative felt the need to collect so much personal student data without parental consent, and why they couldn’t just offer the platform to schools if it was so helpful, she replied, “What do you think we’re doing with the data?” I responded, “you tell me.”

When I asked her why Summit believed they could claim the work of public school teachers uploaded into the platform without compensation, she said that there were no schools where teachers hadn’t voluntarily agreed to use the system, and Summit’s right to their work was understood by them as the cost of participating in the system.

I asked her why in one place in the Summit privacy policy, they promise not to sell student data, but in another part of the document, they claim the right to transfer the data in an “asset sale.” She said she would ask her people. Since our meeting, I haven’t heard anything more from her on any of these issues.

During the lunch, I mentioned that I was going to be in Oakland the weekend of Oct. 14- 15 for the Network for Public Education conference, and that I would be interested in visiting some schools after that are using the Summit platform. I said I was especially eager to visit public schools, since I’d heard from many public school parents in five states who told me their children had negative experiences with the program. These parents were upset that Summit had withdrawn the right of parents to consent to the system shortly after CZI took over, and they were concerned about how their children’s personal data was being shared with Summit and then redisclosed with unspecified other third “partners” for unclear purposes.

Diane later emailed me and said that I could visit Summit Prep charter school on Oct. 16, in Redwood City, their flagship school. An Uber would come and pick me up at my Oakland hotel, she said, and the drive would take about an hour each way.

I pointed out to her that according to the list on the Summit website, there were several public and charter schools in Oakland near the hotel where I was staying that had adopted the platform, as well as several Summit charter schools just ten minutes away. Why couldn’t I visit any of these schools instead?

She responded that the principal of one of the Summit charters near Oakland was on maternity leave, and she didn’t want to put any more pressure on the school. At the other two nearby Summit charters, she explained, the students would be on “expedition” that afternoon, visiting their out-of-school “partners”. She didn’t explain why we couldn’t visit any of the other public and charter schools using Summit platform in Oakland itself.

Having no other choice, I accepted her invitation to visit the school in Redwood City, suspecting that this school was probably offered because it exemplified the best model of how the platform was operating. On Oct. 16 I was met by an Uber driver at my hotel, and we traveled south to Summit Prep, through the haze that was issuing from the fires then burning miles north in Sonoma and Napa.

At Summit Prep, I was met by two school leaders, and we talked in an empty office for about a half hour, where they explained to me about the platform and how it was designed. Then we briefly toured two classrooms. In the first classroom, there were about thirty students engaged in “Personalized Learning Time”, gazing at computer screens and working on their individual “playlists.” These playlists include content in different “focus areas” delivered via various mediums, including online texts and videos. When students have learned these materials, they’re supposed to take multiple choice online tests to show they’ve “mastered” the area. In addition, in each of their courses, there are projects they are supposed to complete.

This is how it is described on the Summit website: During PLT, students grab their laptop and log into the Summit Learning Platform where they can view their goals, their projects, and their classes. During PLT, students work through their playlists at their own pace, and take assessments for each focus area when they feel they’re ready.

All the students were silently and solemnly staring at computer screens. When I walked around and looked more closely, some were apparently researching projects in evolution, others were looking at a math problems, and still others were looking at Facebook pages or other websites which they hurriedly switched off when I passed by. There was one science teacher towards the back of the room, talking to two students, but otherwise there was no student or teacher interaction in evidence.

While the projects have a specific deadline, as I had heard earlier from the school leaders, their “content” assignments, including passing online tests, do not. I asked why this was the case, since it might be difficult for students to research their projects adequately without first learning the content or the underlying “facts” in any focus area or subject. The school leaders explained they wanted students to set their own pace in absorbing content, but the projects had deadlines as students were supposed to collaborate with one another on this work.

I visited another classroom where 12th graders were engaged in peer-reviewing essays they had written at the beginning of the class, grading them according to the Summit’s complex rubric of cognitive skills. When I asked why the essays were written on paper rather than on computers, the school leaders told me that this was because they were practicing for the California state exam in which students are asked to write essays on paper.

I noted that I had seen no classroom or small group discussions. The Summit leaders said that was because none were occurring during my brief visit. It is true that the amount of time I spent in classrooms wasn’t sufficient to make an informed judgment either way, but what I saw did not encourage me.

When we returned to the office, I questioned why delivering content primarily online was an effective method of teaching. Shouldn’t learning happen in a more interactive fashion, with the material presented in person and then discussed, debated, and explored? Why did they have this comparatively flat, one-dimensional attitude towards content? And how could math be taught this way, given that math requires helping students learn how to solve problems in a more interactive fashion?

They told me math is taught differently, and indeed had to be taught through teacher-student interaction, but that this isn’t true of any of the other subjects, whether it be English, social sciences or physical sciences.

Yet teaching content primarily online and separating it from assigned projects seems to me a strange idea, and likely to lead to superficial learning and disengaged students, as many parents tell me their children at Summit schools often feel. Parents have also reported that because the online content and tests have no deadlines, their children often fall far behind, and are forced to catch up at the end of the semester by hurriedly taking multiple choice tests in many focus areas and subjects, rushing through in a panic.

I also mentioned to the Summit school leaders that I had been reading the latest Rand study which analyzed results at a subset of “personalized learning” schools, those called the Next Generation Learning Challenge schools that are funded by the Gates Foundation. I said that I assumed that Summit schools were a part of the study, since they are probably the most renowned of the NGLC schools. The school leader nodded his head in agreement.

I recounted how the RAND study revealed that surveys of students at the NLGC schools were less likely to feel safe, less likely to say there was at least one adult at the school who knew them well, and less likely to feel they were an important part of their school community, compared to similar students at matched schools. These findings are depicted in this chart from the study on p. 24:




I pointed out that while advocates for personalized learning schools like to portray students at these schools as more engaged and more in control of their learning, the RAND survey revealed that these students were significantly more likely to say that that “their classes do not keep their attention, and they get bored” compared to similar students at other schools (30% to 23%). Only 35% of students at the NGLC schools said that “learning is enjoyable” compared to 45% of matched students. (These and additional survey results are from the appendix of the report .)

When I asked the Summit school leader if he thought the students are happy at their schools, he replied, “I think they realize they are engaged in productive struggle.”

The RAND study also found very small and mostly insignificant gains in test scores in the Next Generation Learning schools, which is somewhat surprising, since these schools have received millions of dollars from the Gates Foundation and other sources. The lead RAND researcher, John Pane, who has spent several years studying the results at personalized learning schools, in work funded by Gates, was recently quoted in Ed Week as saying "the evidence base [for them] is very weak at this point. "

Since I’ve returned home, I have been contacted by teachers and parents at Summit schools with additional concerns. A teacher in Massachusetts wrote me that he has grave doubts about the platform’s suitability for students at his school, particularly those with disabilities and English Language Learners.

Parents in Cheshire, Connecticut have also contacted me, dissatisfied with the use of the Summit platform at their schools, with their middle school children spending many hours on computers in class, working on assignments of uncertain quality. They sent me a link to a document from their district Superintendent, called Summit Myths /Facts, which includes the following statement:

"The information we share with Summit is limited to student name, course and/or grade and email information for log-on purposes. We share no other personal data. Summit is also privy to student performance on the platform."

Yet the Summit Learning Participation Agreement with Cheshire , which the parents also sent me, reveals that the district has agreed to give Summit access to an huge amount of highly personal information not mentioned above, including but not limited to student names, addresses, grades, test scores, race, disabilities, disciplinary history, personal goals and narratives, their communications with teachers and other students, scores on college admission exams, college attendance and work force records and more:

In the performance of the Agreement, Summit may have access to or receive certain information provided by Partner School that is not generally known to others….and includes, but not is limited to, Student Data (defined below) and other data that identifies a specific User, such as a name, address, student identification number, phone number, email address, gender, date of birth, ethnicity, race, disabilities, school, grade, grades and grade point averages, grade level promotion and matriculation, coursework, test scores, assessment data, highest grade completed, attendance, school discipline history, narratives input by students about their own goals and learning plans, communications with teachers and other students, notes and feedback o or about students, observations from students’ mentor about individual students, college admission test scores, AP and IP test information, college eligibility and acceptance, employment, Partner School financial information, and Partner School business plans.

All this data may be accessed by Summit and potentially shared with other unspecified third parties, without parent consent.

In addition, while the Summit agreement with Cheshire promises “No Marketing and Advertising to Students,” this is immediately followed by the following conditionality: “Summit shall not advertise or market to a student or his/her parents/guardians when the advertising or marketing is based upon any of that student’s Student Data that Summit has acquired through the Platform [emphasis added].” This is not the blanket prohibition of advertising or marketing that the headline would imply.

And while Summit claims the right to access a wide range of sensitive student information, the Cheshire agreement also reveals that the corporation demands extraordinary secrecy when it suits its own interests. For example, the contract bars school officials from communicating any “Summit Confidential Information” to parents or the public at large, which it defines as “all technical and non-technical information concerning or related to Summit’s products, services etc.” The only individuals to whom the school can disclose any information about Summit’s products or services, including presumably their own views concerning the program, are other school employees who “are bound by non-disclosure obligations that are no less restrictive...”

If a member of the public requests information about the Summit program via a public records or Freedom of Information request, the school “shall notify Summit of such request promptly in writing and cooperate with Summit, at the Partner School’s reasonable request and expense, in any lawful action to contest or limit the scope of such requested disclosure.”

These contractual terms are unacceptable, and violate the obligations of the administrators at these schools to serve the best interests of students and taxpayers, in a transparent and accountable manner, rather than subject themselves to the corporate interests of Summit Charter Schools or Chan-Zuckerberg LLP.

These sorts of non-disclosure provisions have been seen in other contracts of ed tech companies, for example a non-disparagement clause in a New Classrooms contract that apparently prevented California school officials from criticizing the program. The Gates Foundation also tried to insert similar language into their service agreement with the NY State Education Department, which would bar the NY State Commissioner and other education officials from making any public statements about inBloom without prior written consent from the Foundation, even pertaining to information already in the public record. (I only learned about this demand --eventually rejected by NYSED --from FOILED emails I received after inBloom’s collapse. I received the emails more than a year after I had FOILed them, the day after Commissioner John B. King resigned to take a job at the US Department of Education.)

Cheshire Connecticut parents have now posted a petition to their school board, signed by 278 other parents, asking that the Summit pilot be suspended in their children’s schools The comments posted below the petition are especially illuminating about their observations about the negative impact of the program that they’ve witnessed on their children.  Parents in the Fairview Park City School District in Ohio are demanding that the Summit Program be removed and that parents be part of the decision-making process from now on, in a petition signed by over 400 people, with 105 comments.

There is also an organized push-back against Summit in Pennsylvania, at Indiana area middle schools. Parents there have repeatedly urged their school board to stop the the program introduced at the start of the school year. A video of the December 4 school board committee meeting is here, and a reporter's account is below.

Parents packed the board conference room elbow-to-elbow for the [school board] Academic and Extracurricular Committee meeting and committee members heard concerns for almost twice the usual one hour allocated for the panel’s agenda. Summit was all they discussed. Parents have protested at the board and committee meetings since early October…

Parents’ concerns have ranged from the complexity of the online program, increases in the amount of time their children spend looking at computer screens rather than listening to teachers, and their kids’ mastery of the subjects. Lately the board has heard an increasing number of complaints about the quality and appropriateness of the online resources, mainly YouTube videos, that Summit provides for the pupils to study...”

Yet the juggernaut that is Summit will be difficult to stop. The Silicon Valley Community Foundation gave $20 million to Summit in 2016. The Gates Foundation awarded Summit $10 million in June 2017, “to support implementation of the Summit Learning program in targeted geographies.” In September, the day before I met with Diane Tavenner, Summit was one of the ten winners of the XQ Super High School prize, receiving another $10 million from Laurene Powell Jobs’ LLC, the Emerson Collective, to create a new high school in Oakland .

And just a few days before my visit to Summit Prep, Betsy DeVos, the US Secretary of Education, visited a Milpitas public school using the Summit platform , also in the Bay Area. DeVos explained that the Summit platform “came with great recommendations” and that the “personalized learning approach was something we really wanted to get a handle on.” After her visit, DeVos said, ““I got to see creative approaches toward empowering students to take control of their learning.”

Thursday, September 7, 2017

Privacy issues and parent discontent with the Summit/Facebook/Chan Zuckerberg online platform




On Tuesday, the Washington Post Answer Sheet published a piece I wrote on how the Summit online platform threatens student privacy, by collecting detailed a wealth of personal  information including students’ race and economic status, their coursework,  suspension and expulsion data, while claiming the ability to share this data with other unspecified vendors and partners to develop new products or services, or directly through an “asset sale.”

The online platform is a collaboration between Summit charter schools, Facebook and now the Chan Zuckerberg Initiative.  At about the time CZI took over from Facebook, they took away the right of parents to consent to their children's use of the platform and for their children’s personal data to be widely shared.  Summit also claims to use any teacher work uploaded onto the platform without compensation, and restricts the right of teachers or parents to sue for violations of privacy or other legal rights to be resolved by an independent arbitrator located in Silicon Valley, home of Facebook and CZI.

Here is a list of  142 schools, both public and charter, that Summit claims are using the their online platform this year. Two of those schools are in NYC: Bronx Writing, a middle school in District 9, and J.H.S. 088 Peter Rouget in District 15 in Brooklyn.

Valerie Strauss of the Washington Post forwarded Summit a list of questions, which they refused to answer; as did the Chan-Zuckerberg Initiative, which has billions at its disposal to lure more teachers and schools into the program.   

Recently, the Kentucky Office of Education Accountability found that the disclosure of personal student data by Summit without parent consent violates state law.

The WaPost piece is an excerpt of a longer article I wrote, which includes comments from parents and students about their profound discontent with the inadequate teacher feedback inherent in the Summit platform, and the low quality of the curriculum the program offers, causing many kids to become disengaged, bored, fall behind and start to hate school, which in turn has led some parents to pull their kids out of these schools.

Please read and share both links, and if you are a parent, teacher, or student at a school using the Summit online platform, please reach out to the Parent Coalition for Student Privacy at info@studentprivacymatters.org  thanks!  Leonie  

Wednesday, October 12, 2016

Serious privacy concerns with the new Summit/Facebook platform, used in 100 schools across the nation



Our concerns about the open-ended data sharing of the Summit/Facebook software platform was featured on the front page of the Washington Post. This software is in 100 schools nationwide, about two thirds of them public schools. The list is here. Two of the schools are in NYC:  the Bronx Writing Academy in District 9; and J.H.S. 088 Peter Rouget in District 15 in Brooklyn.

Summit is sharing the student personal data with Facebook, Google, Clever and whomever else they please – through an open-ended consent form that they have demanded parents sign.  A copy of the consent form is here.   
I have never seen such a wholesale demand from any company for personal student data, and can imagine many ways it could be abused.  Among other things, Summit/Facebook claims they will have the right to use the personal data “to improve their products and services,” to “conduct surveys, studies” and “perform any other activities requested by the school. ”  

 Here is an excerpt:  

 Summit may collect information that you provide or your child provides directly to Summit, such as contact information, coursework, testing, and grades. Summit also may collect information automatically from browsers, computers, and devices (such as information from cookies and browser and device identifiers in order to remember your preferences)..... Summit may use your child’s information to conduct surveys and studies; develop new features, products, and services; and otherwise as requested by your school or consistent with your consent. ... Summit also may disclose information to third-party service providers and partners as directed or authorized by the school. For example, Summit uses Clever, Facebook, and Google to help develop and improve the personalized learning plan software or to provide related educational services on Summit’s behalf

They claim they won’t use the child's personal data for targeted ads (as would be banned anyway in the CA law called SOPIPA) but this is among the only restriction. They say they can sell the data "in connection with a corporate transaction, such as the sale of our Services, a merger, consolidation, asset sale." The one-sided Terms of Service is here; the Privacy Policy is here

The Summit platform has never been independently vetted for security protections – or shown to yield any educational benefits, and I believe is a very radical way to outsource instruction and student data to private companies. 

Other reasons that teachers as well as parents should be concerned:

The Terms of Service claims the right to use the intellectual property of teachers in these schools,
including course assignments, etc. and even student work without any recompense: “You Grant Us a non--‐exclusive, perpetual, transferable, sub--‐licensable, royalty--‐free, worldwide License to use content that you post on or in connection with the Services in any manner, media, form, and modes of uses, now known or later developed.”

--Though I’m not an attorney, the Terms of Service seems to explicitly and repeatedly waive any liability  that Summit or FB or any of its partners may have for protecting the data against breaches, complying with state or federal law,  or abiding by their own Terms of Service; 

-- As the Washington Post article points out, the TOS would force any school or party to the agreement (including teachers) to give up their right to sue in court if they believe their rights or the law has been violated, and limits the dispute to binding arbitration in San Mateo CA - in the midst of Silicon Valley, where Facebook and Google presumably call the shots.  This is the same sort of abuse of consumer rights that that banks and credit card companies have included in their TOS and that the federal Consumer Financial Protection Bureau is now trying to ban.

--The CEO of Summit charters, Diane Tavenner, is also the head of the board of the California Charter School Association, which has aggressively tried to get pro-privatization allies elected to California school boards and state office, and has lobbied against any real regulations or oversight to curb charter school abuses in that state.  

- -  Summit says they won't sign individual contracts with school districts or schools, for the    following ostensible reasons, and suggests a legal loophole for states and districts that require such contracts:

Summit Public Schools is unable to sign contracts, MOUs, or other legal documents from other districts, CMOs, or individual schools. Straying from our Summit Partnership contracts would add immeasurable risk to our organization as we are unable to acquire third party validation on different contracts in the way that we did for our own participation agreement. It would not be legally sound for us to enter into two legal contracts with two sets of potentially conflicting commitments for one program.

Some districts that have policies where all third party vendors need to sign one designated contract were able to bypass that requirement given the status of Summit Public Schools as an educational organization rather than a vendor and the nature of the partnership as a free exchange of ideas and services rather than a paid service relationship.

And then they add – presumably to assuage the fears of parents or school administrators:

In order to ensure that our legal agreement meets the high quality demanded by school organizations across the U.S., Summit Public Schools has gone the extra mile to work with one of the best legal teams in the country to draft this agreement. We worked with Jules Polonetsky - CEO of the Future of Privacy Forum, a Washington, D.C.-based think tank that seeks to advance responsible data practices - and his team to review our privacy policies and provide his 3rd party stamp of approval. Straying from the language in our participation agreement would add risk as we are unable to also acquire third party validation on different contracts.

        What they don't reveal is that the Future of Privacy Forum is largely funded by the technology industry and the Gates Foundation, and Polonetsky was a big supporter of inBloom.  (Nevertheless, the sample contract they apparently offered to Kentucky schools did not include the binding arbitration clause, though it limits Summit's liability to $10,000.) 

For these and other reasons, I think parents and students should be VERY concerned.  

In my view and that of many other parents, the explosion of ed tech and the outsourcing of student personal data to private corporations without restriction, like this current Summit/Facebook venture, is as risky for students and teachers as the privatization of public education through charter school expansion.  In this case, the risk is multiplied, since the data is going straight into the hands of a powerful charter school CEO - closely linked to Gates, Zuckerberg and Laurene Powell Jobs, among the three wealthiest plutocrats on the planet.   

Gates has praised Summit to the skies, has given the chain $11 million, and has made special efforts to get it ensconced in his state of Washington; Zuckerberg is obviously closely entrenched in this initiative, and Laurene Powell Jobs has just granted the chain $10 million to launch a new charter school in Oakland.  

I sent the following list of questions to Summit at info@summitbasecamp.org nine days ago, but have received no response.  Others -- especially parents at these schools and/or privacy advocates -- might like to send their own questions or resend mine as well.  And if you are a parent or a teacher at one of these schools, please contact me ASAP at leonie@classsizematters.org  Thanks! Leonie

Questions for Summit:
1.      1. What is Summit’s definition of “reasonable and comprehensive data protection and security protocols to protect student data”?  What does that specifically include in terms of encryption, independent audits, security training, etc?  And where is that in writing?
2.     2.   If my child’s data does breach, what rights would I have as a parent to secure damages?
3.     3.  Does Summit claim unlimited rights to share or utilize my child’s homework and intellectual property without notice or compensation that they are claiming with teacher work in the TOS?
4.      4. Can Summit specifically itemize the companies/organizations that they will share my child’s data with, aside from those mentioned below? 
5.      5.  Are each of these third parties barred from making further redisclosures of my child’s data?
6.      6.  Are each of these third parties, and any other organizations or companies or individuals they redisclose to, legally required to abide by the same restrictions as listed under your TOS and PP, including being prevented from using targeted or non-targeted advertising, and/or selling of data, and using the same security protections?
7.       7. Does Summit promise to inform parents over the course of the year all the additional third parties the company plans to disclose my child’s data to?
8.        8. What is the comprehensive list of personal data Summit is collecting and potentially sharing from my child?  You mention a limited list below, but does it also include my child’s homework, grades, test scores, economic status, disability, English proficiency status and/or race as well? 
9.      9.  The TOS mentions survey data.  Is there any personal data from my child that Summit promises NOT to collect via a survey or otherwise?  Will parents have the right to see these surveys before they are given and opt out of them, or does signing this consent form basically mean a parent is giving up all their rights under the PPRA?
      10.  Why can’t Summit simply give the software platform to schools to use if it is beneficial, along with links to instructional materials, rather than demand as “payment” in the form of all the student information as well?
1   11. Do you promise not to use the information gained to market products directly to students and/or their parents, and are all your partners and/or those they disclose the information to barred from doing so as well?
1   12. The PP says you will use my child’s personal data to develop new educational “products” – what does that mean?  Why can’t you use de-identified data for this purpose?
     13. It also says you will use this data to “communicate with students, parents, and other users.”  What does that mean? What kind of communications will you engage in with my child or with me?
     14. The PP states a parent can “review, correct or have deleted certain personal information”.  Which kind of personal information can I delete, how will I be able to do that and will that stop my child from using the platform?
1    15. The PP also says you will share the data with anyone “otherwise directed or authorized by the school.”  What does that mean? Does my signing a consent form mean that the school can authorize to share this information with ANYONE else, without specifying the sort of third party, for what reason, or without limitation, without informing me or asking for my further consent?
1   16. It says it will send notice of proposed changes to the PP ahead of time to the participating schools; why not parents if you have their contact info?  Shouldn’t they hear this directly from you and immediately if you are considering changes?
     17.  Does Summit consider this parent consent form to mean that parents are waiving the privacy rights of their children under all three federal student privacy laws, including FERPA, COPPA and PPRA?
1  18. The PP says that “FERPA permits schools to share students' information in certain circumstances, including where the school has gotten a parent's' consent or where the organization receiving the student data operates as a “school official.” Summit Public Schools operates as a “school official” consistent with the Department of Education's guidance under FERPA.”  If this is true, why does Summit need to ask for parental consent?  What additional rights does my consent afford Summit that you would not have without consent in terms of the collection, use and disclosure of a student’s personal information?
     19. Summit says that “Participating schools and individual teachers own, and are responsible for, student data provided through the Summit Personalized Learning Platform.” Why don’t students own their own data?
      20. This raises another related question: the Summit Privacy Policy and Terms of Service grants schools and teachers some rights (however limited.) What rights do parents and students have under these conditions?
      21. The TOS says that if schools believe Summit has violated its promises or complied with the law, instead of suing they must submit to binding arbitration in San Mateo CA and are barred from filing class action complaints.  This type of provision has been heavily criticized when banks and credit card companies have included in their consumer agreements, and the Consumer Financial Protection Board is considering restricting their use. Why is this clause any more acceptable in your TOS?
      22. What legal recourse do schools, teachers or parents have if Summit violates the law or its TOS, for example if Summit decides to sell or give away or carelessly store the data given that the TOS  says “UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL SUMMIT, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES” in any case?
      23. In yet another clause of the TOS, Summit requires schools to “agree to indemnify, hold harmless, and defend Summit, and its affiliates, licensors, and service providers, and each of their respective officers, directors, contractors, agents…etc.et. against any and all demands, claims, liabilities, judgements, fines, interest, penalties… etc. including attorneys’ fees etc.” Why the need for so many layers of self-protection and disclaimers of liability?
     24.  What rights does a parent have in general if Summit violates the TOS or the PP?  Are they bound to the binding arbitration clause in the TOS that the school must agree to?
     25.  In another FAQ here, Summit says that it will not sign contracts or written agreements with individual school districts, and if the state requires this under law, districts or schools should try to “bypass that requirement" by claiming that a) Summit is not subject to the law because it is not a “vendor” but an “educational organization” and b) that they should not have to sign a contract because of the “nature of the partnership as a free exchange of ideas and services rather than a paid service relationship.”  But if you are gaining potential economic and programmatic benefits from your access to student data, including using it to build new and better “products” as the TOS states, why isn’t this a commercial relationship bound by state law?  And if this relationship is truly a “partnership” with a free exchange of ideas, why is the TOS so one-sided and seems to protect Summit from any possible liability, and not the school?