Confidentiality when it comes to the schools

[acmb05]

also next time

try quoting it all and not just a part of my post that makes it look slanted your way.

 

[BelizeBreeze]

try quoting it all and not just a part of my post that makes it look slanted your way.

You really must hate being here....

 

[acmb05]

nope

You really must hate being here....

Not at all. Why do you?

 

[acmb05]

I take it your gonna

Get me booted from posting now? You guys tell people to do things all the time but god forbid someone ask the same consideration from you.

It must be very lonely being so perfect.

 

[JETX]

I did not assume anything. It plainly said in his original post that they were discussing is child.

And that, in itself, is NOT illegal. School administrators and teachers talk about CHILDREN all the time. They talk among themselves, to their spouses and even sometimes to absolute strangers. The issue is NOT the child... but the specific information that is being discussed. And we still don't know (nor are we expected or obligated) to know what might have been discussed between the principal and his spouse. The OP knows.... and has been advised to talk with the school district and/or an attorney.
Any GUESSES on your part as to what might have been discussed are just that... guesses.... and not necessarily illegal as you jumped to conclude.

 

[acmb05]

They probably do

And that, in itself, is NOT illegal. School administrators and teachers talk about CHILDREN all the time. They talk among themselves, to their spouses and even sometimes to absolute strangers. The issue is NOT the child... but the specific information that is being discussed. And we still don't know (nor are we expected or obligated) to know what might have been discussed between the principal and his spouse. The OP knows.... and has been advised to talk with the school district and/or an attorney.
Any GUESSES on your part as to what might have been discussed are just that... guesses.... and not necessarily illegal as you jumped to conclude.

However just because they do it does not make it legal to do. They were talking about his child period. The principle should not have sent his wife an email that was between him and a parent. Geeez thats like saying just because other people rob a bank that its ok for you to do it. The point is this parent did not like it and the principle got busted doing it.

So if you were discussing your child with a teacher you are saying its ok for this teacher to discuss with a total stranger things about your childs education?

Tell ya what we can settle this real fast. Call the local school where you are and ask the principle there to please forward some emails to you from other parents regarding thier children and see what you are told. Dont ask for any specifics just ask for any recent emails they have gotten about another student. He will tell you he cannot do that because it would be illegal. It does not matter if it was his spouse or a stranger.

 

[stephenk]

I like the part where the daughter is reading the email between the parent and the principal.

The research should also focus on email privacy. Email to an institution, business, school, may not be considered private since email accounts can be accessed by many people and is typically monitored.

There may not be a privacy expectation with an email. Think of it like a voicemail message. Who knows who has access to the account and who is listening/reading the message.

 

[BelizeBreeze]

However just because they do it does not make it legal to do. They were talking about his child period.

Really? And you were there right? You have read the e-mails and can, based on the premis of what a 'reasonable person would infer', identify this one child from the e-mail?

The principle should not have sent his wife an email that was between him and a parent.

And that, in and of itself, as you have been told REPEATEDLY, is NOT illegal or even actionable.

Geeez thats like saying just because other people rob a bank that its ok for you to do it. The point is this parent did not like it and the principle got busted doing it.

now you're just being stupid.

So if you were discussing your child with a teacher you are saying its ok for this teacher to discuss with a total stranger things about your childs education?

Actually, yes, if that 'discussion' does not identify the child by name or other identifying factors it's PERFECTLY legal.

Tell ya what we can settle this real fast. Call the local school where you are and ask the principle there to please forward some emails to you from other parents regarding thier children and see what you are told. Dont ask for any specifics just ask for any recent emails they have gotten about another student. He will tell you he cannot do that because it would be illegal. It does not matter if it was his spouse or a stranger.

do you come by this ignorance naturally or do you work at it?

I'll Tell YOU what? Post here where you graduated from law school, in what states you are licensed to practice law and at what level you've litigated cases and THEN maybe you'll have standing to make someone believe your OPINION.

 

[acmb05]

Ok

Hi,
Okay, yes my daughter's name was in the email. The spouse of the principal referred to her by name, even going as far as saying that she should be put on homeschooling... so that the only person she would be dealing with then was her crazy mother. My daughter has special needs and this is what was being discussed in the email. My phone # and cell phone # were also in the email, my email address. The spouse even went as far to send me an apology later on that night, once it was discovered that her email was sent to me in error.

Then I was called and told that the principal was only human and though it was wrong, it was a husband wife venting session. But talking about me and my daughters concerns which are still not met at this point.

Thanks!!

This is what I did just so I am clear on the subject, I called the Family Policy Compliance Office of the Department of Education at: (202) 260-3887 I read this post to her word for word and was told:

Any email between a parent and school official about a student is considered a part of the students record and unless his wife works for the school system he cannot let her read said emails without parental consent. The told me of a Supreme Court case from California in 1982 that makes filing of civil charges against a school for violating the FERPA law is not allowed, However the parent should contact the Family Policy Compliance Office of the Department of Education and request to file a complaint with them and that they would then take it over from there. They willl then contact the school letting them know that they have violated FERPA laws and requesting any information regarding the matter.

She also said to keep any emails you got from the wife and send those in with your complaint. This was a violation of FERPA laws however unless there has been another case since the one in 1982 The parent cannot sue the school over it. Only the Family Policy Compliance Office of the Department of Education can innitiate legal action which they will do if the school does not comply with thier decision on the matter.

they will keep the parent updated via mail on how thier case is going and what the responses from the school are and also what the final result is at the end of thier investigation.

So as I stated even given the little information that was presented in the above post what the principle did was illegal under FERPA law.


Now I'm done with this pissing match.

 

[Quaere]

Supreme Court case from California in 1982 that makes filing of civil charges against a school for violating the FERPA law is not allowed

Nevertheless OP has the right to file a tort for invasion of privacy, IF there was private information in the email and IF the wife was able to identify the child in question (either because the child's name was given or the child was described to the extent that the wife would have known who she was).

I'm not suggesting OP attempt to go that route but she keeps asking if the Principal broke any laws. The focus of this thread has been review of policy and law specific to educational instituations.

The common law right to privacy would apply regardless of the more specific policys and laws.