Quote:
Originally Posted by adpiucf
Again, I point out that FERPA does not provide protection against a guidance counselor rendering a personal opinion about a student based on her knowledge of that student. It provides against the unconsented release of actual physical records. Therefore, the FERPA allegation fails. The high schools would violate FERPA if they provided official transcripts to sororities/alumnae without the student's express consent.
EDITED TO ADD: There is NO guidance counselor liability: According to the United States Supreme Court, FERPA does not allow for private individuals to sue a teacher, a school, or a district based on a perceived violation of FERPA. Gonzaga Univ. v. Doe, 536 U.S. 273 (2002). Even if a student believes that her FERPA privacy rights have been violated, she cannot sue a teacher, guidance counselor or school in court. The Court’s decision was based on the fact that FERPA prevents “a policy or practice” of disclosing educational records. FERPA does not speak to specific instances of disclosure and it only states that if an institution has such a policy and practice, then it can lose federal funding. Arguably, a single disclosure of educational records does not violate FERPA. It must be a “policy or practice” before a violation occurs. But it would not be wise to test this argument. The Supreme Court took FERPA’s language to mean that Congress did not create a private cause of action.
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Remedies under educational law are not necessarily those one might expect in a civil court (monetary damages, for instance). A complaint filed with FPCO, and found to have merit, could result in some repercussions for the district (and therefore the employee).
Nonetheless, if I called the guidance counselor at my local high school, explained that I am an XYZ alum and would like some info on a list of female seniors there, I would fully expect her to hang up.
To her credit, since that would eliminate the need for any legal guidance, one way or another. We live in a litigious society.
The academic info necessary for membership perusal would appear on the transcript that was submitted officially to the school of application, and then unofficially with the rec packet -- both with the consent and knowledge of the PNM.