School Board Chronicles
Copyright 2000 by Robert W. Pratt
In a letter (click here to view letter) to parents of 4th and 5th grade students, the principal explained the details of a "situation" that took place on Friday, January 21 at the Area Elementary school. The letter reads, in part:
"...a set of custodian's keys for equipment was left in the upstairs girls' restroom. When he returned a few minutes later to get them the keys were gone...the 4th and 5th grade teachers decided later in the day to check the desks, backpacks, and pockets of all the girls. While the district has the authority to do this..."
Well, do they? Now I'm no lawyer, but it seems to me that students do have a constitutional right to privacy under the 4th amendment (related to unreasonable search and seizure). Of course lockers and desks are school property, and students shouldn't expect those areas to be private. However, there is a high expectation for privacy one's possessions - backpacks, purses, coats, and certainly their person.
Without an individual suspect, can a District decide to search everyone? If there is a compelling state interest, maybe so. When weapons or drugs are brought into a school, an immediate danger may exist. But when a set of equipment keys are negligently left in a public place and then stolen, I'm not sure that anyone's safety or well-being is threatened.
At last night's meeting, a citizen asked under what authority this search was conducted. Mr. King, the District's solicitor, said he had never heard of this before, so the letter to parents only contained the legal opinion from our elementary school principal.
It's too bad the elementary principal was out last Friday. Her attempt to recover the keys (have the secretary ask the students to please return them) seems quite reasonable. So what went wrong? Why were so many innocent children searched? Does the District have the authority to conduct such sweeping searches? I don't think so - it's probably not legal and it's certainly not right. And if something ain't right, what is it?????
Ever wondered how private your children's Educational Records are? Sure, privacy rights are guaranteed by state and federal law, but does the Slippery Rock School District really understand what those laws mean?
Recent investigations by the US Department of Education have revealed some serious privacy violations by the District. They found that the District has repeatedly violated FERPA (The Family Rights and Privacy Act) FERPA . The District hasn't kept information from students' records confidential; indeed, they haven't even notified parents of their privacy rights, although this is required by law.
Despite training, privacy violations have continued. The District has refused to admit any wrong-doing, leading the US Dept. of Education to question whether the District really understands the rights families have.
Now the Board is considering releasing confidential educational records to a Board member. The pattern of past privacy violations is disturbing. Does the District know what rights parents and students have? Does the District even care???
Privacy and Records Violations
Jan. 1997 - The State of PA found the Board violated a student's privacy and confidentiality rights by disclosing personally identifiable information without consent.
Jan. 1997 - The State of PA found the District does not follow a confidentiality plan for maintenance and access to confidential records in a manner consistent with regulations.
Nov. 1997 - The State of PA found the District violated a student's right to privacy by allowing a person to attend an IEP meeting who did not have a legitimate educational reason for doing so.
July 1998 - The US Dept. of Education found the District violated a parent's rights when the District allowed a person to attend an IEP meeting who did not have a legitimate educational reason for doing so.
July 1998 - The US Dept. of Education found the District violated parents' rights by not publishing an adequate Annual Notification of Rights.
Fall 1998 - The District possibly violated students' and parents' privacy rights by posting, in a public place, a list of Special Education students' names.
May 1999 - The State of PA found the District violated parents' rights by not providing required privacy and confidentiality information in a timely manner.
Nov. 1999 - The US Dept. of Education ordered the Slippery Rock Area School District to provide assurances that the District recognizes its responsibility to assure that its employees understand and comply with the Family Educational Rights and Privacy Act (FERPA). This is a result of the District refusing to admit wrong-doing in the July 1998 finding that the District violated parents' rights to privacy.
November 1999 - The US. Dept. of Education finds that the District does not adequately inform parents of their privacy rights through an Annual Public Notice of the following:
1) procedures to seek access to their children's educational records
2) the right to seek amendment of educational records
3) the school official to whom such requests should be submitted
4) parents' right to not allow the District to release Directory Information
CURRENT FEDERAL INVESTIGATIONS
The Slippery Rock Area School District is currently under investigation by the US Dept. of Education for the following alleged violations of FERPA.
1) the District failed to afford parents the right to review educational records in a timely manner.
2) not allowing parents the right to review all of their child's educational records.
Recently, there have been several articles in the Butler Eagle regarding school districts' release of Directory Information. Directory information could include information such as name, address, telephone number, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. The Federal government has found that the District does not inform parents through public notice that parents have the right to restrict the disclosure of such information Who does the District release directory information to? Is there any way we can prevent this? Other Districts have made an effort to inform parents - through letters, notices. Why is our District different? Do they care about our privacy rights?
WHAT DO YOU THINK?
DOES THIS CONCERN YOU?