FERPA Question

[QueenieV29]

4 years ago a student accused another student of rape (when she was a freshmen - she is now a senior). It was handled through the courts.

Now a teacher who was not involved in the initial incident at all and has never had the student made a comment in class that she did "not believe" the rape story. She only knew of the rape because she knew the accused at the time and no information was obtained through educational records.

Is this a violation of FERPA?

We can agree that it was not appropriate, but there is a question of whether it was a violation of FERPA.

Per FERPA for Students...
We find this...."FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. Thus, information that an official obtained through personal knowledge or observation, or has heard orally from others, is not protected under FERPA. This remains applicable even if education records exist which contain that information, unless the official had an official role in making a determination that generated a protected education record."

Which seems to stat that this would NOT be a FERPA violation.What is the name of your state (only U.S. law)?

 

[ecmst12]

I don't see how it would be a violation any way you look at it. This would have nothing to do with an educational record, it was a criminal case.

 

[Humusluvr]

4 years ago a student accused another student of rape (when she was a freshmen - she is now a senior). It was handled through the courts.

Now a teacher who was not involved in the initial incident at all and has never had the student made a comment in class that she did "not believe" the rape story. She only knew of the rape because she knew the accused at the time and no information was obtained through educational records.

Is this a violation of FERPA?

We can agree that it was not appropriate, but there is a question of whether it was a violation of FERPA.

Per FERPA for Students...
We find this...."FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. Thus, information that an official obtained through personal knowledge or observation, or has heard orally from others, is not protected under FERPA. This remains applicable even if education records exist which contain that information, unless the official had an official role in making a determination that generated a protected education record."

Which seems to stat that this would NOT be a FERPA violation.What is the name of your state (only U.S. law)?

Inappropriate Yes.

FERPA violation - no. Unless the unrelated teacher accessed the educational records, the teacher voiced an opinion that was not based on her employment.

Why do you ask? What are you in this situation?

ETA - if you are the teacher, and were fired for violating FERPA, you could fight it. But, you would still probably be fired for your inappropriate comment about the student.