LIABILITY AND SCHOOL RECORDS
LIABILITY...
Defamation - When school personnel communicate personal and sensitive information to another unauthorized person that results in injury to the student’s reputation or standing in the school or that diminishes the respect and esteem to which the student is held, they may face charges of libel or slander, depending on the manner and intent with which such information was communicated (Essex, 2012, p. 197). Slander is oral defamation, which occurs when school personnel inadvertently communicate sensitive and damaging information contained in student files to others who have no need to be informed. Libel, unlike slander, is written defamation (Essex, 2012, p.198).
Defamation - When school personnel communicate personal and sensitive information to another unauthorized person that results in injury to the student’s reputation or standing in the school or that diminishes the respect and esteem to which the student is held, they may face charges of libel or slander, depending on the manner and intent with which such information was communicated (Essex, 2012, p. 197). Slander is oral defamation, which occurs when school personnel inadvertently communicate sensitive and damaging information contained in student files to others who have no need to be informed. Libel, unlike slander, is written defamation (Essex, 2012, p.198).
Malice - Malice exists when there is intent to harm or injure another. Intent is an important element regarding malicious behavior. When statements are communicated about a student, either written or oral, with the intent to injure his or her reputation, a tortious act has occurred, especially if these statements are false. Truth is a defense for liability, if no malicious intent is present (Essex, 2012, p.199).
SCHOOL RECORDS...
Family Privacy Rights - The primary purpose of maintaining educational records should be to aid school personnel in developing the best educational program for each student enrolled in the school. An effective student file contains information used for counseling, program development, individualized instruction, grade placement, college admissions, and a variety of other purposes (Essex, 2012, p.189). Public Law 93-380, the Family Educational Rights and Privacy Act (FERPA), protects confidentiality of student records. This act, commonly referred to as the Buckley Amendment, was enacted by Congress in 1974 to guarantee parents and students a certain degree of confidentiality and fundamental fairness with respect to the maintenance and use of student records (Essex, 2012, p.189).
Rights of Eligible Students - The student may inspect confidential records and challenge the accuracy of information contained in the file. In addition, the student may determine whether anyone other than authorized individuals may have access to personal files. Students also have a right to receive a copy of their personal file, if they choose to have one. Eligible students are afforded the same due process provisions as parents are offered, if they choose to challenge the accuracy of information contained in their file. They may also, under certain conditions, bring liability charges for defamation against school personnel (Essex, 2012, p.192).
Rights of School Personnel - If challenged, school personnel must demonstrate a legitimate interest in having reviewed the student’s file. If challenged, school personnel must demonstrate a legitimate interest in having reviewed the student’s file. School districts also are permitted to disclose information regarding disciplinary action to school officials in other schools that have a legitimate educational interest in the behavior of students.(Essex, 2012, p.193).
Related Scripture - "Whoever goes about slandering reveals secrets, but he who is trustworthy in spirit keeps a thing covered.." (Proverbs 11:13 ESV)
Scriptural Significance - How important is it to avoid this sin? The proverb here teaches that faithful men will not do it. Psalm 15:3 teaches that a mark of eternal life is not doing it. Since God hates it and mentions it often in Scripture, all people in trust must include it in their training (Eph 6:4). Great men and women, those called faithful and having integrity, work to protect others..
Leadership Significance - As guardians of our students trust and confidentiality, educators are responsible to a higher authority for not provoking the children, but to bring them up in the instruction of the Lord (Eph. 6:4). Leaders must see to the privacy of their wards and only release it when legal and correct.
SCHOOL RECORDS...
Family Privacy Rights - The primary purpose of maintaining educational records should be to aid school personnel in developing the best educational program for each student enrolled in the school. An effective student file contains information used for counseling, program development, individualized instruction, grade placement, college admissions, and a variety of other purposes (Essex, 2012, p.189). Public Law 93-380, the Family Educational Rights and Privacy Act (FERPA), protects confidentiality of student records. This act, commonly referred to as the Buckley Amendment, was enacted by Congress in 1974 to guarantee parents and students a certain degree of confidentiality and fundamental fairness with respect to the maintenance and use of student records (Essex, 2012, p.189).
Rights of Eligible Students - The student may inspect confidential records and challenge the accuracy of information contained in the file. In addition, the student may determine whether anyone other than authorized individuals may have access to personal files. Students also have a right to receive a copy of their personal file, if they choose to have one. Eligible students are afforded the same due process provisions as parents are offered, if they choose to challenge the accuracy of information contained in their file. They may also, under certain conditions, bring liability charges for defamation against school personnel (Essex, 2012, p.192).
Rights of School Personnel - If challenged, school personnel must demonstrate a legitimate interest in having reviewed the student’s file. If challenged, school personnel must demonstrate a legitimate interest in having reviewed the student’s file. School districts also are permitted to disclose information regarding disciplinary action to school officials in other schools that have a legitimate educational interest in the behavior of students.(Essex, 2012, p.193).
Related Scripture - "Whoever goes about slandering reveals secrets, but he who is trustworthy in spirit keeps a thing covered.." (Proverbs 11:13 ESV)
Scriptural Significance - How important is it to avoid this sin? The proverb here teaches that faithful men will not do it. Psalm 15:3 teaches that a mark of eternal life is not doing it. Since God hates it and mentions it often in Scripture, all people in trust must include it in their training (Eph 6:4). Great men and women, those called faithful and having integrity, work to protect others..
Leadership Significance - As guardians of our students trust and confidentiality, educators are responsible to a higher authority for not provoking the children, but to bring them up in the instruction of the Lord (Eph. 6:4). Leaders must see to the privacy of their wards and only release it when legal and correct.