Department of Education dismissed my FERPA claim without sound rationale

[Taxing Matters]

I appreciate the tip, but note that I'm not really interested in a personal remedy. I went to the DoE because I wanted the DoE to pressure the school to start to abide by FERPA for the benefit of future students. Now that the DoE refused to do their job, I want the DoE to get an "F" on their report card. I'd be satisfied if some kind of public record were made that the DoE did not do their job, ideally seen by whoever the DoE answers to. If that's simply POTUS, then I guess it's a lost cause.

You cannot sue to force any federal agency to do anything that is a discretionary act, and most things agencies do are discretionary, like enforcing the law. You may complain to the Secretary of Education, the President, and your congressional representatives about what you regard as insufficient action by the agency, however.

 

[Zigner]

I appreciate the tip, but note that I'm not really interested in a personal remedy. I went to the DoE because I wanted the DoE to pressure the school to start to abide by FERPA for the benefit of future students.

It is your misunderstanding of FERPA that needs adjustment.

 

[pickaname]

My records moved from my high school to the district office that oversees all schools in the region. If I appear in person at that district office, no one there would recognize me. They could photograph me, take fingerprints, and take a DNA sample and they still wouldn't know who I am. All they can do is look at a document that says who I am, or ask for a bit of information that only I would know. These things can just as well be done remotely. If we're talking about proof of identity sufficient to satisfy spywork for the Pentagon, for example, a recognized notary public could put their seal on a copy of a gov. issued ID anywhere in the world. Someone could have 100+ people sign their PGP public key attesting to verifying a gov. issued ID. But let's be realistic.

 

[pickaname]

It is your misunderstanding of FERPA that needs adjustment.

Please adjust it for me. I thought federal funding to the school was conditional on FERPA compliance, and that it's the DoE who holds the power to enforce FERPA by withholding federal funds. Correct me.

 

[Zigner]

My records moved from my high school to the district office that oversees all schools in the region. If I appear in person at that district office, no one there would recognize me. They could photograph me, take fingerprints, and take a DNA sample and they still wouldn't know who I am. All they can do is look at a document that says who I am, or ask for a bit of information that only I would know. These things can just as well be done remotely. If we're talking about proof of identity sufficient to satisfy spywork for the Pentagon, for example, a recognized notary public could put their seal on a copy of a gov. issued ID anywhere in the world. Someone could have 100+ people sign their PGP public key attesting to verifying a gov. issued ID. But let's be realistic.

There's only one of us not being realistic here.

 

[FlyingRon]

They probably wouldn't recognize you if you showed up at your original school. You think they remember everybody who went through the door. You'd have to show ID. You can protest all you want, but the school is free not to send records unless you show.

 

[Zigner]

Please adjust it for me. I thought federal funding to the school was conditional on FERPA compliance, and that it's the DoE who holds the power to enforce FERPA by withholding federal funds.

Your conclusions that FERPA has been violated are incorrect. Once you accept that, then your entire house of cards collapses.

 

[Taxing Matters]

Please adjust it for me. I thought federal funding to the school was conditional on FERPA compliance, and that it's the DoE who holds the power to enforce FERPA by withholding federal funds. Correct me.

You are correct, violations of FERPA can lead to loss of federal funding. But note that generally it is a pattern of noncompliance that leads the DOE to pull funds, and that doesn't happen often. The school won't lose funds for a single failure to comply.

 

[pickaname]

Your conclusions that FERPA has been violated are incorrect. Once you accept that, then your entire house of cards collapses.

This couldn't be more vague. You're implying that a 3rd party working for the school is free to share student transcripts with yet another 3rd party. Is this what you're saying?

 

[pickaname]

You are correct, violations of FERPA can lead to loss of federal funding. But note that generally it is a pattern of noncompliance that leads the DOE to pull funds, and that doesn't happen often. The school won't lose funds for a single failure to comply.

I didn't think it would be hard and fast like that.. I figured the DoE would at least inform the school that there is a compliance issue, and the school would then feel some pressure to consider complying. I would hope funds would only be yanked if the school ignores a warning from the DoE. If a pattern of violations is required before any action is taken, the DoE is weaker than I estimated.

 

[Zigner]

This couldn't be more vague. You're implying that a 3rd party working for the school is free to share student transcripts with yet another 3rd party. Is this what you're saying?

What I'm saying is that I think you're confused on what authorizations you may have given. In any case, there's no use arguing about it here. You have been given your options for complaints. Best of luck to you.

 

[Zigner]

I didn't think it would be hard and fast like that.. I figured the DoE would at least inform the school that there is a compliance issue, and the school would then feel some pressure to consider complying. I would hope funds would only be yanked if the school ignores a warning from the DoE. If a pattern of violations is required before any action is taken, the DoE is weaker than I estimated.

The DoE has already determined that action is not warranted.

 

[pickaname]

What I'm saying is that I think you're confused on what authorizations you may have given. In any case, there's no use arguing about it here. You have been given your options for complaints. Best of luck to you.

I didn't come here to ask for opinions on the merits of this case. This is why I said your very first question is irrelevant. Regardless of whether ppl agree with the law & evidence behind my case, I'm asking what escellation options there are regardless of the strength of the case.

 

[Zigner]

I didn't come here to ask for opinions on the merits of this case. This is why I said your very first question is irrelevant. Regardless of whether ppl agree with the law & evidence behind my case, I'm asking what escellation options there are regardless of the strength of the case.

I haven't asked a question on this entire thread. The one thing that somewhat implies a question is my statement that you should clarify what you mean by "records". As I stated above: You have received your answer. Best of luck to you.

 

[PayrollHRGuy]

My records moved from my high school to the district office that oversees all schools in the region. If I appear in person at that district office, no one there would recognize me. They could photograph me, take fingerprints, and take a DNA sample and they still wouldn't know who I am. All they can do is look at a document that says who I am, or ask for a bit of information that only I would know. These things can just as well be done remotely. If we're talking about proof of identity sufficient to satisfy spywork for the Pentagon, for example, a recognized notary public could put their seal on a copy of a gov. issued ID anywhere in the world. Someone could have 100+ people sign their PGP public key attesting to verifying a gov. issued ID. But let's be realistic.

If you are there in person they can look at your ID and look at you. And you are right about the notary being able to do that. Have you explored that option?