Quote:
Originally Posted by adpiucf
Absolutely agree with this narrow example provided and respect your experience. I will continue to contend that the hypothetical posed by the other poster implying blanket liability for saying anything about a student was incorrect.
I guess this is where I turn on my heel and flounce dramatically?
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Well, that's really not what I said.
But a lane swerve --
I don't necessarily feel that school district staff -- potentially including teachers, principals, and even guidance counselors -- all know FERPA well themselves (understandably, since they set out to be teachers, not lawyers).
At least that was my experience during my only encounter with FERPA -- I used FERPA, on behalf of my child, to obtain copies of emails (containing negative info) that were swapped between a few teachers. While my son was informed by a coach/teacher that he (the teacher) sent these to other teachers and administrators (pertaining to a situation in his class), the coach ignored my request to be included (I was never informed of the incident in question, either, other than by my child).
As per FERPA, these emails were subject to becoming part of my child's educational record, and not considered protected (or private) communication between staff.
The emails were illuminating, and the problem was easily resolved (I wasn't after punishment or legal vengence -- just wanted to solve the perceived problem). I didn't file a complaint or involve an attorney (the school apparently involved their own board attorney to interpret the law, as the principal was reluctant to release these). I don't know what administration said to the teachers regarding the content of the emails. However, a school-wide FERPA inservice was held the following month -- which was a good thing, for their own protection.
I don't claim to be an expert on FERPA, but while I "don't have any idea what I'm talking about," as you contend, apparently some teachers and administrators know even less than I, and are in need of training.
One way or another, if I was a high school guidance counselor, and Mildred A. Lum called requesting info about senior girls, I would err on the side of protecting the students' privacy. I would advise Mildred to obtain transcripts from the girls themselves.