School refuses to comply with FERPA

[silasisme]

I am a resident of Illinois, attending Grad School here. Long story short, I have filed a complaint with my school over some non-academic abuses of authority and position by one of our senior administrators. During the complaint process I submitted a request to every official involved to review all of their records of the situation that prompted the complaint per FERPA.

I received an email from the president of the school that said FERPA only applied to academic records, to which I responded by quoting FERPA (20 USC § 1232g), which says it applies to any records (except criminal and medical) maintained by the school related to the student.

He responded to my email by saying I was wrong and he refused to give up any more records. Am I incorrect in how I am reading FERPA, or does it apply to all records by the school related to me? Also, how do I proceed from here- I really would like access to those records both to document what happened (the complaint may end up in court), and to ensure that my educational records are accurate to reality.

Any advice anyone can give me I would really really appreciate!

 

[Zigner]

(B) The term “education records” does not include—
(i) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;


(from: http://www.law.cornell.edu/uscode/20/1232g.html)

 

[Humusluvr]

I see what you are saying, Zigner, but I understood, from my time teaching and in higher ed, that ANY record with the student's name on it was fair game - even down to a post it note.

What type of "records" are you looking for, silasisme? Who are you trying to get them from, specifically? I may be able to give you pointers if you're more specific.

 

[Zigner]

I see what you are saying, Zigner, but I understood, from my time teaching and in higher ed, that ANY record with the student's name on it was fair game - even down to a post it note.

What type of "records" are you looking for, silasisme? Who are you trying to get them from, specifically? I may be able to give you pointers if you're more specific.

That is simply NOT true. If the teacher makes herself a note regarding a child and leaves it in her personal belongs, it is NOT considered part of the "Educational record".

 

[Humusluvr]

That is simply NOT true. If the teacher makes herself a note regarding a child and leaves it in her personal belongs, it is NOT considered part of the "Educational record".

I meant that if I put a post it note in a child's folder, then it would be considered "part of the record."

We're talking grad school here, and I'm wondering what the OP is fishing for. And what the admin is hiding.

 

[Zigner]

I meant that if I put a post it note in a child's folder, then it would be considered "part of the record."

We're talking grad school here, and I'm wondering what the OP is fishing for. And what the admin is hiding.

So, what you are saying is that if you put an item in the "educational record", then it becomes part of the "educational record", right?

So, if a Professor makes a full page of notes to himself regarding the behaviour of a certain student and keeps it for himself, it is just as much not a part of the record as the post-it that stays in the teacher's possession, right?

 

[Humusluvr]

So, what you are saying is that if you put an item in the "educational record", then it becomes part of the "educational record", right?

So, if a Professor makes a full page of notes to himself regarding the behaviour of a certain student and keeps it for himself, it is just as much not a part of the record as the post-it that stays in the teacher's possession, right?

Right, but the Professor has to "keep it to himself." If he starts circulating it to people who are part of the student's education, then it becomes part of a record. No one would know if he made a note and put it in her briefcase, never to be seen again. But if it were circulated, it affects the student, and is therefore accessible.

My ENTIRE school email account is accessible to my employer, as part of the University email system. I have no right to expect that to be private. If profs are circulating emails about the student, they have no right to expect those to be private. I even signed a waiver as such. But since we don't know what happened here, and the OP hasn't come back, we'll just have to wonder**************..

 

[Zigner]

Right, but the Professor has to "keep it to himself." If he starts circulating it to people who are part of the student's education, then it becomes part of a record. No one would know if he made a note and put it in her briefcase, never to be seen again. But if it were circulated, it affects the student, and is therefore accessible.

My ENTIRE school email account is accessible to my employer, as part of the University email system. I have no right to expect that to be private. If profs are circulating emails about the student, they have no right to expect those to be private. I even signed a waiver as such. But since we don't know what happened here, and the OP hasn't come back, we'll just have to wonder**************..

I have a feeling you and I are saying the same thing

I totally agree with your final statement.