Why are recs absolutely necessary at some schools, while not expected at others?

[adpiucf]

Originally Posted by Hartofsec

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



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.

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.