[Hartofsec]

Originally Posted by adpiucf

This is incorrect.

FERPA governs the right of education records. Parents hold that right until the child turns 18. Then the child, now an adult holds that right. The child is putting their education records at "issue" for the purpose of going through recruitment and has allowed Panhellenic and the sororities to view their transcripts.

FERPA prevents the school from releasing information about a student's "education record" without written consent of the parent/child above age 18. However, FERPA allows schools to disclose those records, without consent, to certain parties or under some conditions, including schools where a student is transferring, to comply with judicial order/subpoena, etc. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. There must be notice of the disclosure, and notice is considered sufficient by FERPA if students are notified of the possibility of such disclosure occurring via their student handbook or a public notice informing them about FERPA.

A guidance counselor's actions are imputed to the school. A guidance counselor may observe FERPA and disclose this directory information. Moreover, the student matriculating has provided written consent for the university and Panhellenic to view their education record. There is no violation here for a guidance counselor to provide directory information to an alumna writing a rec. The alumna has been provided with the student's education record by the student herself.

There is no legal privilege here or liability to the counselor/school when you, the subject of the matter, put that something (your records) at issue for consideration. You've consented.

But the conditions under which the release of information apply do not include the Guidance Counselor rendering opinions such as:

or very average student according to her HS counselor, always had concerns about her academics, will be taking remedial classes, and then the "I do not support this woman for membership in AAA

That is not info that would be included in a directory (with or without permission), and a sorority is not on the list of agencies that info may be released to for any purpose.

As far as I know, PNMs consent for official transcript info to be sent to the school of application, but make copies of their transcript (unofficial) to include in rec packets given to alums. The high schools that I know of are not in the business of sending official transcripts to sororites and alums.