Is Disclosing a Student’s Disciplinary Issues to Unauthorized Persons Illegal?

Question from TKA, Is Disclosing a Student’s Disciplinary Issues to Unauthorized Persons Illegal?

Answer from AI:

When a school faculty member shares a student’s personal disciplinary information with someone outside the school system, such as a family member who is not the student’s parent or guardian, it raises significant privacy concerns. In the United States, the legality of this action can be complex and depends on various factors, including federal laws, state laws, and the specific circumstances of the disclosure.

Federal Privacy Laws

The primary law governing the privacy of student records in the U.S. is the Family Educational Rights and Privacy Act (FERPA). FERPA is designed to protect the privacy of student education records and applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

• Under FERPA, schools are generally prohibited from disclosing personally identifiable information from a student’s education records to third parties without written consent from the parent or eligible student (students who are 18 years or older, or attending a postsecondary institution).
• There are several exceptions to this general rule, such as disclosures to other school officials with legitimate educational interests, or in response to a court order or subpoena.
• Disclosures to family members, such as aunts or uncles, are not typically covered by these exceptions unless they are acting as a parent or guardian in the absence of the student’s parents.

State Privacy Laws

In addition to FERPA, some states have enacted their own privacy laws that may offer additional protections for student records. These laws can vary widely from state to state, so it’s important to consult the specific laws applicable in your jurisdiction.

Threatening Behavior

The issue of a faculty member threatening to disclose, or actually disclosing, personal disciplinary information to a student’s relative also raises concerns beyond privacy laws. Such behavior could potentially be considered unprofessional or even harassing, depending on the context and the content of the information shared.

Steps to Take

If you believe that a school faculty member has inappropriately disclosed your son’s disciplinary information, consider taking the following steps:

1. Review the school’s policies: Many schools have specific policies regarding student privacy and the handling of disciplinary records. Review these policies to understand the school’s obligations and procedures.
2. Speak with school administration: Bring your concerns to the attention of the school principal or the school district’s administration. They can address the issue internally and take appropriate action if necessary.
3. File a complaint: If the issue involves a potential violation of FERPA, you can file a complaint with the U.S. Department of Education’s Family Policy Compliance Office.
4. Consult with a legal professional: For personalized advice and to understand your legal options, consider consulting with an attorney who specializes in education law or privacy law.

Conclusion

While the sharing of a student’s disciplinary information with unauthorized individuals can raise legal and ethical concerns, the specific legality of such actions depends on various factors, including the application of federal and state laws. It’s important to address these concerns through appropriate channels and seek professional legal advice when necessary.

Note: This information is provided for general informational purposes and should not be construed as legal advice. For advice on specific legal issues, please consult with a qualified attorney.