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Ferpa

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Ladyback1

Senior Member
What is the name of your state (only U.S. law)? Montana

Does an email request, sent to a specific teacher, the principal and a vice-principal, constitute a written request per FERPA?

Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Montana

Does an email request, sent to a specific teacher, the principal and a vice-principal, constitute a written request per FERPA?

Thanks!
I would say no. I suggest that you write one out. Written requests can be hand delivered...but it's harder proving they were sent.
 

Zigner

Senior Member, Non-Attorney
Thanks (not what I wanted to hear, but...:) )
I don't know what brought the question up, but just because it isn't required to be considered proper written notice (in my opinion), I would think that many (most?) folks who receive the request would honor it...

ETA: Faxing WOULD be considered written notice ;)
 

Ladyback1

Senior Member
I don't know what brought the question up, but just because it isn't required to be considered proper written notice (in my opinion), I would think that many (most?) folks who receive the request would honor it...

ETA: Faxing WOULD be considered written notice ;)
What brought it up was some shenanigans by school administration of late....

I emailed a request in May of this year, and never r'cd a response (and the request was prompted because of a test score that my son did not understand why it was the score it was...)

a particular administrator seems to have targeted said child whenever there is any sort of infraction of school rules (regardless of whether the child was involved or not...he's the first they question.) And since he has been treated like a criminal when the administrators have "talked" with him, he has been given explicit instructions that if they wanted to "talk" (aka interrogate) to him, he is to politely tell them "no questions/answers until I have a parent or attorney". Ya' know? A 17 y/o who actually stood up for his rights really tinkled off the school administrators! (which I find ironic, since the school offers a "Crime and Justice" course--which teaches the students their rights!:D)

Basically, the school has treated my child badly---and treated me badly when I have shown up for these "question and answer" sessions (they are upset with me because I condone and encourage my child standing up for his rights...)

I don't know if I will even act on their failure to follow FERPA. It is, however, something that I was considering.
 

I'mTheFather

Senior Member
A particular test is not generally considered a part of a student's education record. The only exception would be a state mandated test, I believe.
 

Zigner

Senior Member, Non-Attorney
A particular test is not generally considered a part of a student's education record. The only exception would be a state mandated test, I believe.
I agree. The test itself generally isn't part of the educational record as contemplated by FERPA.
 

TigerD

Senior Member
And since he has been treated like a criminal when the administrators have "talked" with him, he has been given explicit instructions that if they wanted to "talk" (aka interrogate) to him, he is to politely tell them "no questions/answers until I have a parent or attorney". Ya' know? A 17 y/o who actually stood up for his rights really tinkled off the school administrators!
Bravo. Schools frequently strip children of their rights. Good job.

TD
 

ElleMD

Junior Member
Except that this is not a criminal proceeding conducted by the police so your child does not have the right to demand a lawyer every time he is questioned by a teacher. Any "rights" control what the police may do, not school personnel. I have a feeling I know exactly why your kid is their "go to" and you are doing him no favors. The school system may have guidelines but they do not have the force of law.

Disputing a single test grade is also not something governed by FERPA nor is it appropriate to copy the Principal or AP. Your son should be asking his teacher if he is unsure why he earned the grade he received. He is the one who needs to know what to work on for next time or what he can do to master the material he failed to absorb the first time around. If this test was last May, the school year and that grade are a distant memory.
 
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Ladyback1

Senior Member
Except that this is not a criminal proceeding conducted by the police so your child does not have the right to demand a lawyer every time he is questioned by a teacher. Any "rights" control what the police may do, not school personnel. I have a feeling I know exactly why your kid is their "go to" and you are doing him no favors. The school system may have guidelines but they do not have the force of law.

Disputing a single test grade is also not something governed by FERPA nor is it appropriate to copy the Principal or AP. Your son should be asking his teacher if he is unsure why he earned the grade he received. He is the one who needs to know what to work on for next time or what he can do to master the material he failed to absorb the first time around. If this test was last May, the school year and that grade are a distant memory.

*sigh*
You know what they say about assuming.

My son asked for my assistance because the teacher would not explain why specifics were incorrect. So, I didnt step in until he asked.

Oh, but regardless of all of that, I as a parent have every right to know what they are accusing him of. And he (and I) both have the right to not answer any questions. I have dealt with this school system for 12 years now, I'm pretty sure I'm a better judge of how they have treated my children. As far as doing them favors? I hold my kids accountable for their actions. They know that each and every action has consequences.
 

Zigner

Senior Member, Non-Attorney
*sigh*
You know what they say about assuming.

My son asked for my assistance because the teacher would not explain why specifics were incorrect. So, I didnt step in until he asked.

Oh, but regardless of all of that, I as a parent have every right to know what they are accusing him of. And he (and I) both have the right to not answer any questions. I have dealt with this school system for 12 years now, I'm pretty sure I'm a better judge of how they have treated my children. As far as doing them favors? I hold my kids accountable for their actions. They know that each and every action has consequences.
When did this move to "accusing"? :confused:
 

Ladyback1

Senior Member
When did this move to "accusing"? :confused:
Sorry...I misspoke.
Regardless of what they want to question my son about, I do have a right to know (preferably before they start).

We spent the first 15 min of the meeting w/ the principal railing on the fact that the boy "refused" to answer questions. He even used that age old line of "well, if you didn't do anything, why are you afraid to answer questions??" He wasn't pleased when the answer was "I am not afraid. I just want someone I trust in the room with me".
 

Zigner

Senior Member, Non-Attorney
Sorry...I misspoke.
Regardless of what they want to question my son about, I do have a right to know (preferably before they start).

We spent the first 15 min of the meeting w/ the principal railing on the fact that the boy "refused" to answer questions. He even used that age old line of "well, if you didn't do anything, why are you afraid to answer questions??" He wasn't pleased when the answer was "I am not afraid. I just want someone I trust in the room with me".
You don't necessarily have the "right" to know when your child is being asked questions before he is asked those questions.
 

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