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

[adpiucf]

Originally Posted by Hartofsec

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.

Educational law? I believe you mean administrative law. Yes, FERPA claims go to an administrative body to adjudicate whether a school has committed a violation. Again, the penalty is loss of federal funding for the school.

A guidance counselor penalized in return is not liable. In fact, she can file a lawsuit. The school cannot seek indemnity or contribution in a against the guidance counselor in an administrative proceeding for a FERPA violation. They can't make the guidance counselor pay to replace fedearl funds or state that is her fault or have her take the blame.

Thus, you are incorrect. A guidance counselor has no liability for a FERPA violation in an administrative hearing and any attempt at retaliation for the school's FERPA violation is going to land the school, the school district, and the state in a lawsuit for wrongful termination.

The only repercussions are to the school. Your original argument asserted that the counselor would be open to liability. You are now attempting to change your hypothetical to talk of nebulous "repercussions" for the guidance counselor because you are determined to be right. You're wrong.