Cautionary Reminder to Maintain Student Privacy Protections When Addressing Labor Concerns

By AYZ Education Law Group

February 1, 2022

A New York school district violated the Family Educational Rights and Privacy Act (FERPA) following a teacher’s disclosure of student information to their union representative.

In Letter to Rutnik, a teacher disclosed information about a student’s special education services in an email to a union representative. The parent filed a complaint with the Student Privacy Policy Office (SPPO) alleging that the teacher improperly disclosed information about their student’s special education services to a union representative in violation of FERPA’s implementing regulations.

While FERPA allows districts to disclose personally identifiable information without parental consent to school officials with legitimate educational interests, the SPPO stated that a “representative of a teachers’ union, while serving in that capacity, may not be designated as a school official with legitimate educational interest.” The district’s legal counsel did not dispute the parent’s allegations. Consequently, SPPO found the district in violation of FERPA.

Upon determining that a violation occurred, SPPO regularly requires that an educational institution provide written assurance of any corrective action taken. Here, the district presented documentation that it immediately reminded staff of FERPA requirements, provided staff with annual FERPA training, and reviewed the district’s policies, procedures and practices implementing FERPA. The SPPO concluded that these efforts corrected the issue and were sufficient to prevent future breaches.

This decision serves as a reminder for school entities of their obligation to protect student privacy even when addressing labor relations matters.

Should you have any questions about this case or any other FERPA-related issues, do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education Group.