UPDATE 8/31: This story is covered in greater detail, with new information about the law and what parents of all California schools need to know, in today’s podcast
We have been following the bizarre story out of suburban Sacramento, California where an elementary school has the strange custom of publicly posting student’s personal information. The school refuses comment to the press. One parent’s published comment was that when she addressed her concerns to the school in question (Twelve Bridges Elementary in Lincoln, California), that the schools answer was that they do “not want to get involved”
Further investigation initially led us to believe that the school may be in violation of Federal Law, specifically the Family Education Rights and Privacy Act, (FERPA). That is a Federal law that (according to the United States Department of Education) protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
As it turns out, FERPA specifically exempts the student’s personal information publicly released by 12B Elementary. In fact, it allows for publication of even greater detail … with a caveat, this an excerpt from the FERPA page at DOE: “…schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.” In other words, under the Federal Law parents must “opt out” of having their child’s personal information made public.
However, Twelve Bridges Elementary falls within the Western Placer Unified School District, which asks parents enrolling children to sign this general consent form giving blanket permission for the schools to release or publish student identifying information, in perpetuity, to any media - including on the Internet.
Additionally, according to the DOE FERPA page: ”Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.”
MarkTalk wonders how many parents of students, in any school, are aware of this. If the school is following the law, and we have no reason to believe that they are not, then the parents of these particular students were not only informed in advance that their children’s information would be publicized but, under the Law, gave their consent.
Some of the parents who agreed to have their kid’s information made public have complained that this reporter has republished the resulting public domain story.
Finally, the same school that published the student’s information, with parent’s consent, made sure that the entire world knew about it, by publishing, on the Internet the exact date, time and physical location at which the information would be publically posted, and for how long it would remain in public view. The following entry appears on the school’s web site for August 17, 2007:
The first day of school was August 23. (MarkTalk first reported the story late-morning August 22). If any parent objected during the 5-days that your child’s information remained on public display, or was unaware that the school had the right to publicly display that information and of your right to “opt out” please follow the contact instructions below.
Clearly this story has ramifications that go far beyond a small town in suburban California. Has your child’s school informed you of your rights under FERPA? Is this a case of parental carelessness? A deceptive school? Plain sloppy? You tell me. There is a comment section here, you may also MP3 your comments or email us. All of that is at MarkTalk’s Home Page.
It’s time for you to speak out!
Now isn’t that interesting. Those parents who were so furious that on another site dedicated to just 12B they have been discussing protesting at your home, trying to shut down this web site, and all kinds of angry reaction.
If the school broke the law then they need to address that, in the meantime I think a lot of people in that town owe you an apology. You have given the rest of us an important warning that I hope we all heed.
Shame on TBE and those irresponsible “parents” (I like your term “breeders”) who do stupid things and then blame somebody else for the consiquences.
Thanks Mark
Comment by Laura — August 30, 2007 @ 2:30 PM
Quick picking on TBE. If you check around this area and other school districts you will find out that they do the same thing. If you have such a big problem with this pick on the school disctrict not the schools.
Comment by Kay — August 30, 2007 @ 6:53 PM
Thanks, but I don’t expect any apologies. We report, in this instance a story of national interest in our own backyard.
There was small number, of chronic complainers, who were responsible for a total of a few dozen Internet posts and emails extremely critical of this reporter and this series of stories.
The fact is that to date several thousand people from around the world have read, downloaded, printed or emailed, or linked to these stories, and a national discussion has begun.
I have no doubt that parents in school districts throughout the nation are questioning their own district’s policies in light of the TBE story. No doubt either that it has come to a shock to most TBE parents that they have so little control over their own children’s privacy. As I have indicated before, I am sure that for every angry email that I received, an administrator at TBE got that, and more – not to mention telephone calls from concerned parents.
At the same time, we watch all this artificial outrage we sport a wry grin as we think about the probable intimate Facebook or My Space contents, posted by these same complaining people or their kids. Niether can we wait for the flurry of angry letters to the editor the next time the little town’s weekly newspaper publishes names and photographs of students in connection with a sporting event. (did you detect the sarcasm?). Me doth suspect Lincoln should really be named Harper Valley.
Comment by Mark Williams — September 1, 2007 @ 7:29 AM