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Protecting the rights of privacy

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Mom needs help

Junior Member
What is the name of your state? Utah

What are our rights?

The other day a student at my daughters high school went into the guidence counselars office and went into my daughters persoanl file with the intent of obtaining specific information. After having done so, the student the shared this information with other students/people she knew.

What Rights do we have? Who do we contact? What can be done?

I don't have money, I am fighting multiple personal battles at this time. Is there help for me??? HELP !!!!! :confused: :mad:
 


cbg

I'm a Northern Girl
What damages has your daughter suffered because of this? (note; hurt feelings are not damages under the law.)
 

Mom needs help

Junior Member
NOT just hurt feelings

Were her feelings hurt yes. That is not my only concern.

Her rights to privacy have been violated. When she went to the counselar with the problems at hand, we were assured that all files and conversations were indeed confidential. That no one other then the few administrators that needed information in order to help her would be allowed this information.

I do know that there are laws to protect a persons privacy. This student went into the files with one intent. That was to cause harm to my daughter. Those files should have been protected from any other person(s) obtaining them by the counselar who had the files. Yet, she is not being held as responsible in any way.

This is not just a case of hurt feelings. I am not a vindictive person, nor do I take matters such as these lightly. I am concerned that any student would be able to obtain potentially harmful information from this school if they set their minds to it. I feel the young lady and well as the guidence counselar should be held responsible for these actions. The young lady for committing this crime.. the counselar for not assuring these files were kept where no one, without the proper authority, could view them.
 
While I am sure that there are laws regarding privacy in your state laws, what I would recommend to be as precise as possible, go to your county's website and and go to the school section. Somewhere in there, it should have files regarding the rules and information about the records.
Just a question, do you have a written document confirming that the conversation was to remain confidential?

Law_Student
 

Mom needs help

Junior Member
No written statement

No, no written statement.

Although the counselar did verify to the principal that we did address our concerns and that she had assured us this was to be kept confidential.
 

Mom needs help

Junior Member
Utah Law

Big Thank You "Law Student" :D

That was very helpful. I now have something to move on with. I will keep researching. Anyone has anymore useful tidbits they will be greatly appreciated.

I feel that if no action is taken that leaves others open to the same sort of abuse by others in this system. I truly feel attention to this matter needs to be given and others notified of how their own rights can be violated.

Would any of you want someone looking into your private files/records?

Below for any who wonder is posted the law that states: "Employees and agents of the state's public education system shall protect the privacy of students"



53A-13-301. Application of state and federal law to the administration and operation of public schools.

(1) Employees and agents of the state's public education system shall protect the privacy of students, their parents, and their families, and support parental involvement in the education of their children through compliance with the protections provided for family and student privacy under Section 53A-13-302 and the Federal Family Educational Rights and Privacy Act and related provisions under 20 U.S.C. 1232 (g) and (h), in the administration and operation of all public school programs, regardless of the source of funding.
(2) Each public school district shall enact policies governing the protection of family and student privacy as required by this section.
 

BelizeBreeze

Senior Member
As the United States Supreme Court has recognized: “Under FERPA, schools and educational agencies receiving federal financial assistance must comply with certain conditions. One condition specified in the Act is that sensitive information about students may not be released without [the student’s] consent.” Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426, 428 (2002) (citations omitted). 20 U.S.C. § 1232g(b)(1) makes it clear that the disclosure of educational records are included within the Act’s proscriptions.

This portion of FERPA states: “[n]o funds shall be made available . . . to any educational agency or institution which has a policy or practice of permitting the release of education records . . . of students without the written consent of their parents to any individual, agency, or organization.” Id.

While the counselor did not physically make the records available to the general public, her inactions in securing such records has, in other like cases, been found to be of sufficient recklessness as to render the school liable for such 'release' of information.

I suggest a 'come to jesus' with the superintendent of schools and 'strongly' suggest that certain measures be taken districtwide including locks on filing cabinets and doors of all offices holding student records, a signed districtwide policy statement from the superintendent to that effect and strong penalties for any school administrator found not following the policies.

It's one thing for the school to be broken into. It's another thing for doors and cabinets to be left open or for sensitive records to be freely available for the taking.
 

cbg

I'm a Northern Girl
For the record, I was asking a question, not stating a rebuttal.

Nothing in any of your posts so far has indicated what kind of information was released or how it damaged your daughter.

I tell everyone who posts such a vague question but who thinks they have a cause of action that hurt feelings are not damages. It wasn't intended to be telling you that you have no cause of action. It does, however, serve to put on notice those people (and I am NOT saying you are one) who feel that they can sue because someone said or did something they didn't like but which did not cause any damage in the legal sense.

So maybe a little less defensiveness and a little more answering questions next time? I don't ask them just to hear myself talk.
 

Mom needs help

Junior Member
I was not being defensive. I was answering your question. I was fairly certain you did not ask your question to hear yourself talk. Sorry, I also get tired of rules and laws that seem to be in place for “certain” people and not others.

The law does not state that your right to privacy is protected only if certain information is compromised. It protects all information in a student’s personal file.

We are not a sue at whim people. We are looking for the best way to handle this situation and to assure that the offender is made to understand the seriousness of her actions. Also, to assure that the schools counselor understands as well her lack of diligences in doing her duty to protect the students rights (in this case,my daughters’ rights), this is part of her job. If it happened to my daughter with this one student, it can happen to anyone’s student with possible far worse consequences.

Our goal here is to assure that the possibility of this happening again, to anyones student, anywhere, is minimal. We are seeking to make the counselor, the principal, the school district aware of short comings in their system. The law is already in place. It is up to them to follow thru. It is also our goal to make parents of other students aware of how careful they need to be in protecting what they know/feel to be sensitive information concerning their student. The school so far hopes to bury this and keep it as quiet as possible.

The information that was purposely and maliciously gone after by the offending student was information as to why my daughter had gone to home study for the rest of the academic school year. Private and protected information. She is pregnant and is taking the last quarter of this school year at home. For many reason we have decided this is her best move.

There are many decisions that she will be forced to make in the upcoming months. The stress on her is already great. As well as a complication in her pregnancy, which makes matters even more stressful. Not an easy time in life for any person. She has already found that society treats her, the mother-to-be, much different then the boy the father-to-be.

You do not need a signed statement to assure this privacy (for that one who asked). We knew going in to speak with this particular counselor we were assigned to, that there was already a close connection between this student and the counselor. The counselor is the advisor to the Color Guard Team which this student is the Captain of the team and the student is also the student aid to the counseling office. We did ask more then once before proceeding due to the closeness of the relationship between the offending student and my daughters’ counselor if all proceedings were to be held in strictest of confidence. She assured us that any thing that went on her office was confidential.

The offending student is a young lady who for what ever reason decided long ago that the father-to-be really wanted to be with her, not the mother-to-be. It is over a boy she decided to break the law. So when she found out that my daughter was going to home study, she felt it her right to invade my daughter’s privacy and to share this information with others.

It could have been drugs, abuse, neglect, misbehavior, all still very personal information and still all protected by the privacy laws.

I hope this helps.
 

BelizeBreeze

Senior Member
Mom needs help said:
The law does not state that your right to privacy is protected only if certain information is compromised. It protects all information in a student’s personal file.
And that assessment would be wrong.
Mom needs help said:
We are not a sue at whim people. We are looking for the best way to handle this situation and to assure that the offender is made to understand the seriousness of her actions. Also, to assure that the schools counselor understands as well her lack of diligences in doing her duty to protect the students rights (in this case,my daughters’ rights), this is part of her job. If it happened to my daughter with this one student, it can happen to anyone’s student with possible far worse consequences.
and you have been given that option.
Mom needs help said:
Our goal here is to assure that the possibility of this happening again, to anyones student, anywhere, is minimal. We are seeking to make the counselor, the principal, the school district aware of short comings in their system. The law is already in place. It is up to them to follow thru. It is also our goal to make parents of other students aware of how careful they need to be in protecting what they know/feel to be sensitive information concerning their student. The school so far hopes to bury this and keep it as quiet as possible.
o.k.
Mom needs help said:
The information that was purposely and maliciously gone after by the offending student was information as to why my daughter had gone to home study for the rest of the academic school year. Private and protected information. She is pregnant and is taking the last quarter of this school year at home. For many reason we have decided this is her best move.
Which is irrelevant to the discussion here.
Mom needs help said:
There are many decisions that she will be forced to make in the upcoming months. The stress on her is already great. As well as a complication in her pregnancy, which makes matters even more stressful. Not an easy time in life for any person. She has already found that society treats her, the mother-to-be, much different then the boy the father-to-be.
Again, irrelevant to the present discussion
Mom needs help said:
You do not need a signed statement to assure this privacy (for that one who asked). We knew going in to speak with this particular counselor we were assigned to, that there was already a close connection between this student and the counselor. The counselor is the advisor to the Color Guard Team which this student is the Captain of the team and the student is also the student aid to the counseling office. We did ask more then once before proceeding due to the closeness of the relationship between the offending student and my daughters’ counselor if all proceedings were to be held in strictest of confidence. She assured us that any thing that went on her office was confidential.
Any relationship between this counselor and another student is irrelevant to the exercise of due care required by the state and federal statutes.
The offending student is a young lady who for what ever reason decided long ago that the father-to-be really wanted to be with her, not the mother-to-be. It is over a boy she decided to break the law. So when she found out that my daughter was going to home study, she felt it her right to invade my daughter’s privacy and to share this information with others.

It could have been drugs, abuse, neglect, misbehavior, all still very personal information and still all protected by the privacy laws.

I hope this helps.[/QUOTE]
 

stealth2

Under the Radar Member
I'm wondering how we know that the girl did actually break into the counselor's files. Was she caught redhanded? Did she confess to the counselor? Is this the ONLY way she could have found out the information? High Schools are rampant with gossip - and teen girls are pretty vicious about spreading it.
 

Mom needs help

Junior Member
She confessed!

Yes she did confess to the principal that she did do it. She told him that she wanted to know the reason for the home study, and she went into the file to find it out. She also confessed to spreading the information that she found.

Now she is being considered for Valedictorian at her graduation. Irrelevant I know... just ironic

Of course now it is a matter of vicious gossips.
 

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