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

[Hartofsec]

Originally Posted by adpiucf

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.

Oh keep your shorts on. I'll change "educational" law to "administrative" law, and "liability" to "expose one's district to potential repercussions" if you like.

Originally Posted by adpiucf

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.

I'm really not that invested in being correct about the participation of the high school guidance counselor -- it doesn't seem necessary if the info needed for recruitment is on the transcript. Subjective opinions, particularly negative judgements or predictions made by the guidance counselor, may be another matter.

I think you may just be determined to split hairs and wave around a law degree.

Which might be handy for your guidance counselor friends in the event sorority alums come calling and ask for information on a list of female seniors (unsolicited by the female seniors, and without their knowledge or consent).
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