Student confidentiality versus a teacher's right to know

It's the time of year when students begin to face the reality of finishing up for the semester and positioning themselves for a strong finish. At least most of them. There are a few kids, however, that just, um, how to say it? go PLUMB CRAZY and do really stupid things.

So there have been a few instances when teachers have been stonewalled when a student of theirs has been disciplined. Frankly, refusal by administrators to inform teachers regarding student discipline is not only unprofessional and wrong, it is against the law. Federal law.

There is a federal law known as FERPA, which stands for Family Educational Records and Privacy Act. It defines and limits the kind of information that school districts can reveal, and to whom. Our administrators are pretending or are deluded into believing that FERPA enables them to hide information regarding students from teachers.

Apparently, the ability to read something all the way through is not merely lacking among our students, because the law also CLEARLY states that educational professionals can be informed of what is in students' records even without parental permission. This is called the "need-to-know" exception. Basically, FERPA is very clear that teachers who are responsible for direct instruction of a student have the right to know about the educational records of that student, and this includes discipline.

Beyond that, however, this bizarre claim of counterproductive confidentiality also blatantly violates state law where I work.

This is the matter of reason: how can we work with students if we do not know if they are prone to certain behaviors, or, unfortunately, even violent? We spend more time with students by a factor of hundreds each school year than do administrators. This is also a matter of worker safety, frankly. Finally, there can be no communication and cooperation between administration and teachers if we do not know what is going on in students' lives. This harms the productive functioning of the school.

After one recent (unknown) incident, we were called into an impromptu faculty meeting to be told that something bad was going on and to ask to keep an ear out for rumors or information that could help in the administrators' investigation. One brave soul actually asked "Look out for what?" The repeated response? "I can't tell you due to confidentiality, but let me know if you see or hear anything about this incident." Once again-- what incident?

That was helpful. And an idiotic -and insulting!- waste of my time. The very clear implication is that we are not to be trusted with information that would make us more productive. What do they think we are going to do-- go around and gossip? And here's the stupid thing: this ridiculous and illegal denial just stirs the rumor mill even harder. Dolts.

I mean seriously, this is high school. If we reported every rumor we heard kids spreading, we would be doing nothing but reporting all day long. How long has it been since these people were in a classroom? Never mind, I know the answer.


The school district will get away with this kind of denigration of teachers' rights as long as we LET them get away with it.

Reciprocity

According to federal law, students have definite privacy rights. However, teachers who work with students are allowed to know information regarding student discipline and behavior. Somehow this second part gets lost a lot among many administrators. I believe that this tendency is extremely counterproductive if not potentially dangerous not just for the teacher involved but for other students.

Case in point: A class was discussing youth law issues, and the school behavior guidelines and district policies regarding the possession of weapons was exhaustively discussed. In the midst of several hypothetical scenarios, a student wanted to know what would happen if, upon coming to school, he realized that he had his weaponry and ammunition from a weekend hunting expedition still within his vehicle upon arriving at school. He (and twenty-two other students in the class) was told that he should approach the school resource officer and immediately let that officer know that weapons had inadvertently been brought to school, and the officer would then secure the weapons so that the student would not potentially face severe consequences for his oversight.

One week later, this same student was caught with weapons upon school property. Oh, and drugs, but that is neither here nor there. His teachers were informed that the young man was suspended but not why.

One week after that, the teacher involved in the discussion was informed about why exactly the young man was suspended. This teacher then informed the assistant principal about the conversation. Here is the assistant principal's response:

"Why didn't you tell me about this earlier?????"

Let's see, because the teacher had no idea why this kid was suspended. Because the AP failed to follow the law. Because the AP treated her staff as if they are not professionals who should be kept informed because she didn't trust them as professionals. Because if teachers reported every single conversation held in class, nothing else would ever get done. Because there is obviously an adversarial situation being created by the AP in regard to her staff, rather than a cooperative one.

Credit the teacher with gently pointing this out.

By the way, this same teacher was berated by another AP for not disclosing that a kid who lives in the teacher's neighborhood who was suspended was thrown a party by her mother in celebration of said suspension.

Until school administration works with the teachers rather than against the teachers, the school will never function well. Administrators need to value teachers as colleagues and acknowledge that teachers spend far more time during the day with the students and have all kinds of knowledge that could be a resource for the administrators in the effective discharge of their duties.

It just requires reciprocity and respect.

Privacy rights?

I got some distressing news the other day, and it's only because I badgered it out of a counselor. One of my students has been sitting in my class for over a month, and I was not informed that he hears voices and sees menacing presences who follow him around most of the time. This boy is a wonderful young person who is intelligent and thoughtful, and remarkably in control-- he simply asks to leave the room when he feels overwhelmed and goes to a safe room in the school.

It doesn't matter how I got suspicious-- let's just say I observed a strange episode that made no sense when he was leaving another teacher's classroom.

I am nonplussed, to say the least. Apparently, his guardian does not want his teachers to know, and has insisted that his 504 simply say that he is "depressed."

How is it legal or ethical for this information to be deliberately concealed from me? How is it legal to put a lie on a 504? I have read FERPA. Here's what I found on the Ed dept website, since I began to question myself as to whether I remembered the law correctly.

"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;" etc.

Is a teacher who spends an hour or more a day with a student not a school official with a legitimate educational interest? How can I be expected to educate this young man if a condition of this magnitude is considered none of my business? Elsewhere on the Ed dept website, I found this:

"As first enacted, FERPA contained five exceptions to the prior written consent rule for disclosures to...other school officials, including teachers within the educational institution or local educational agency who have legitimate educational interests. The 1974 amendments clarified that the agency or institution determines which school officials have "legitimate educational interests." The 1994 IASA amendments added a requirement that the specific educational interests of the child for whom consent would otherwise be required are included among legitimate educational interests of school officials.

"The 1994 amendments also clarified that nothing in FERPA prohibited an agency or institution from disclosing information about disciplinary actions taken against students to teachers and school officials, including those in other schools, who have legitimate educational interests in the behavior of the student. The No Child Left Behind Act amended the Elementary and Secondary Education Act to require each State to provide an assurance to the Secretary that it has a procedure in place to facilitate the transfer of disciplinary records regarding a student's suspension or expulsion to any elementary or secondary school where the student is enrolled or intends to enroll."

So here's the conclusions to which I have come:
1. The concern for the safety of this student has been sacrificed, since he has been placed with educational professionals throughout the day who have been willfully misled about conditions which definitely can cause him to harm himself or others.
2. The concern for the best and least restrictive education for this student is endangered, since the educational professionals who work with him every day are willfully deceived about his condition.
3. The concern for the safety of other students is not even considered, which is a violation of their rights.
4. The concern for my safety has been abrogated, which is a violation of my rights.
5. Apparently the powers that be in my school (assistant principals, principals, counselors) believe that I and my fellow teachers are not professionals with the best interests and intentions toward our students.
6. These people have decided to willfully misinterpret and misrepresent the law since they feel no obligation nor concern for anyone involved... merely because they fear a legal challenge, probably?

And before you think I am jumping to conclusions, let me emphasize that this is far from the first time I have caught these people at my school engaging in such behaviors as concealing and lying about student discipline and/or diagnoses, whether it involved one of my students or even when it involved a student behaving in a threatening manner toward me personally. I have had referrals not returned to me and referrals "lost" in some amazingly coincidental snafus. I have never been anything but circumspect and above-board in my dealings with the behavior, discipline, and education of my students.

I am grateful that nothing bad happened while I am in the dark. I will continue to teach, guide, and care for this student no matter what.

But some other people are on my list right now.