Fla. Gov. calls for investigation into Student suspension over word Jesus

[Coyote]

You don't know your privacy law, Coyote...schools do in fact have the right to release information to the student's parents.

We are talking Higher Education, not primary schools or high schools. I work for a university and I am very familiar with the laws because I have to adhere to them or I get in trouble. Schools can not release information even to a parent without a signed form on file allowing them to do so (if the student is 18 or over, which covers most).

You may think you know the law but you don't really...

"When a student turns 18 years old or enters a postsecondary institution at any age, all rights afforded to parents under FERPA transfer to the student. However, FERPA also provides ways in which schools may share information with parents without the student's consent. For example:
Schools may disclose education records to parents if the student is a dependent for income tax purposes.
Schools may disclose education records to parents if a health or safety emergency involves their son or daughter.
Schools may inform parents if the student who is under age 21 has violated any law or its policy concerning the use or possession of alcohol or a controlled substance.
A school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student."
Secretary of Education Margaret Spellings

I find contradictory information. Under the Family Educational Rights and Privacy Act (FERPA) (which is presumably more current than Margaret Spelling's quote) it states:

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

..... Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.

 

[Oldstyle]

And I still make the contention that the common-law tort of "false-light publicity" would protect someone in answering false charges made against them by another.

 

[Oldstyle]

We are talking Higher Education, not primary schools or high schools. I work for a university and I am very familiar with the laws because I have to adhere to them or I get in trouble. Schools can not release information even to a parent without a signed form on file allowing them to do so (if the student is 18 or over, which covers most).

You may think you know the law but you don't really...

"When a student turns 18 years old or enters a postsecondary institution at any age, all rights afforded to parents under FERPA transfer to the student. However, FERPA also provides ways in which schools may share information with parents without the student's consent. For example:
Schools may disclose education records to parents if the student is a dependent for income tax purposes.
Schools may disclose education records to parents if a health or safety emergency involves their son or daughter.
Schools may inform parents if the student who is under age 21 has violated any law or its policy concerning the use or possession of alcohol or a controlled substance.
A school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student."
Secretary of Education Margaret Spellings

I find contradictory information. Under the Family Educational Rights and Privacy Act (FERPA) (which is presumably more current than Margaret Spelling's quote) it states:

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

..... Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.

FERPA was passed back in 1974. Spelling's clarification took place in Bush's last term.

 

[Coyote]

Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities - PFCO

It's a common misconception amongst college administrators, which is why a policy clarification was made.

Interesting and complicated. Thanks for the info

I deal with parents occassionally wanting info on a students academic performance - I can't tell them anything if there isn't a FERPA form on file. If they persist, I send them to another office.

Although, like I said - the school would still not be able to generally release that information.

 

[Coyote]

And I still make the contention that the common-law tort of "false-light publicity" would protect someone in answering false charges made against them by another.

Can you give an example?

I can't think of any cases of student vs. a school where we've heard any detail from the schools side of things prior to resolution even though the student has gone public (which often happens in ideological and religious controversies where lawyers are provided by special interest groups). I also can't see how that would allow them to violate privacy laws.

 

[Oldstyle]

Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities - PFCO

It's a common misconception amongst college administrators, which is why a policy clarification was made.

Interesting and complicated. Thanks for the info

I deal with parents occassionally wanting info on a students academic performance - I can't tell them anything if there isn't a FERPA form on file. If they persist, I send them to another office.

Although, like I said - the school would still not be able to generally release that information.

If the parents qualify because they claim that student as a dependent and REALLY persist for that information, Coyote? I'm afraid your school is going to find that it has no choice but to release the information. To be quite blunt with you...I don't think your administrators know the law on this.

 

[Oldstyle]

And I still make the contention that the common-law tort of "false-light publicity" would protect someone in answering false charges made against them by another.

Can you give an example?

I can't think of any cases of student vs. a school where we've heard any detail from the schools side of things prior to resolution even though the student has gone public (which often happens in ideological and religious controversies where lawyers are provided by special interest groups). I also can't see how that would allow them to violate privacy laws.

I didn't say there were any cases of a school doing so. What I'm pointing out is that there is precedent for doing so.

 

[Coyote]

Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities - PFCO

It's a common misconception amongst college administrators, which is why a policy clarification was made.

Interesting and complicated. Thanks for the info

I deal with parents occassionally wanting info on a students academic performance - I can't tell them anything if there isn't a FERPA form on file. If they persist, I send them to another office.

Although, like I said - the school would still not be able to generally release that information.

If the parents qualify because they claim that student as a dependent and REALLY persists for that information, Coyote? I'm afraid your school is going to find that it has no choice but to release the information. To be quite blunt with you...I don't think your administrators know the law on this.

If the parents qualify because they claim the student as a dependent then I imagine there is a form on file since they have to prove that to the school - they can't just call and claim they are a dependent. From the way I view it - it shows a FERPA release on the computer - if there isn't one, I can not give them information. I just assume it means the student gave the release but that may well not be the case.

 

[Oldstyle]

You've got conflicting case law...

One saying you can't...the other saying you can. Which makes it a matter to be decided on merits. Which protection supersedes the other? As I said...I'm not a lawyer...but I would make the argument that someone can't make a claim for privacy when one goes public on that which they would then like to keep private.

 

[Oldstyle]

Interesting and complicated. Thanks for the info

I deal with parents occassionally wanting info on a students academic performance - I can't tell them anything if there isn't a FERPA form on file. If they persist, I send them to another office.

Although, like I said - the school would still not be able to generally release that information.

If the parents qualify because they claim that student as a dependent and REALLY persists for that information, Coyote? I'm afraid your school is going to find that it has no choice but to release the information. To be quite blunt with you...I don't think your administrators know the law on this.

If the parents qualify because they claim the student as a dependent then I imagine there is a form on file since they have to prove that to the school - they can't just call and claim they are a dependent. From the way I view it - it shows a FERPA release on the computer - if there isn't one, I can not give them information. I just assume it means the student gave the release but that may well not be the case.

How many of your current students would you estimate are being claimed as a dependent by their parents? Wouldn't you agree that it's most? Is your school aware that parents that DO claim students as dependents are entitled to their academic records? Because it doesn't seem that they are.

 

[Circe]

How many of your current students would you estimate are being claimed as a dependent by their parents? Wouldn't you agree that it's most? Is your school aware that parents that DO claim students as dependents are entitled to their academic records? Because it doesn't seem that they are.

These are good points. So I bet that schools are leaning heavily on the (mistaken) idea that they shouldn't release grades to parents, because they simply do not want to get into all that with parents. Let the students deal with the issue. Otherwise the parents harass the school about grades, lobbying for better grades and generally making themselves a pain.

It makes sense for schools to throw the burden of explaining grades back onto students, even if it's not actually obeying the letter of the law.

 

[ShaklesOfBigGov]

The student was charged because he complained. Again from Forbes:

Further, charging the student with an offense for complaining about the assignment brings up serious free speech and due process concerns.

If the professor had stepped on the word Jesus on his own, it could be argued that it was simply a provocative pedagogical technique.

Instead, however, FAU saw fit to charge Rotela with violating a speech code FIRE has given a “yellow light” (on a red, yellow, and green light scale, depending on the severity of the First Amendment violation) because of the ease with which it can be unconstitutionally applied.

And unconstitutionally applying its speech code to a student guilty of nothing except complaining about a professor’s class looks to be exactly what FAU did here.

Hello? Anyone want to argue that there is more here than what we are being told? Some secret that is not being reported?

FAU College Student Who Didn't Want To Stomp On 'Jesus' Runs Afoul of Speech Code - Forbes

From your own link, according to the school, he was suspended for threatening the teacher.

Revisiting the article in question, it appears the student was cited for questioning authority (a view that was seen as being disruptive to the class because he refused to participate in the assignment). I did not see anything on the above article that Specifically says he threatened the teacher, you are only seeing what you "prefer" to see by looking to your own "justification" on the matter. Suspended for threatening? No, the article points more towards being disruptive in class by going against an authority figure over what he believes was wrong, thus stopping the flow of the class that the teacher had planned for.

 

[flacaltenn]

There's no such thing as "in effect" released his records. There's no automatic public release of records simply because he's making a big deal about it.

Until he signs a piece of paper releasing his records to the press, the University can't say a damn thing about them.

So let me get this straight...a student can make public and false claims against the University and they can't respond because of privacy laws? I find that hard to believe, Doc. Common sense tells me that once someone goes public with a story that they have in essence waived their right to privacy in regards to that story.

You better believe it.

They can not release any information concerning student records, disciplinary actions etc without a release from the student and that includes releasing information to the student's parents. Just because a student mouths off doesn't release the university to do the same. These are strict laws that have to be adhered to or the university faces serious consequences - the student can turn right around and sue them.

I love teachable moments and this is a biggy. You have just nailed the proximate cause of at least THREE of the biggest mass shootings in recent history. At Virginia Tech, at Colorado U, and at whatever Jr College the Giffords shooter was attending, those schools were COMPLETELY aware of the danger those kids represented. And in their arrogance felt that they could suppress and handle the consequences without violating this fiction of privacy.

In fact -- they can't distinguish a poptart chewed in the shape of weapon from a clear and present threat.

No private institution outside of liberal academia would take on those responsibilities on their own. They are incubating nut cases and punishing the folks like this Mormon for being sane...