Dear Dawg: Snort, here.  Rip Snort. Intrepid Reporter. Hard Hitting Investigative Journalist, and Friend of the Truth. Dawg, I have been contacted by a young woman whose rights have been trampled upon by the local educrats.  The young woman’s 12-year old son has been labeled a “bully” by the local school officials  In accordance with her rights under federal law, the mother sought 1) copies of any records along these lines held by the school; and 2) an amendment of these records, specifically, a deletion of any reference to “bullying.”  The school has refused both requests.  Even worse, the school has not even allowed her to have a hearing about the request to amend records.

As you well know, Dawg, this lady is entitled to that hearing. It’s guaranteed by the Family Educational Rights and Privacy Act (FERPA).  Your faithful Intrepid Reporter and Friend of the Truth is no lawyer, but I know a FERPA violation when I see one.  I have advised this woman to take her case to the Family Policy Compliance Office (FPCO) for a ruling.  If she is not satisfied there, I told her the next step would be a lawsuit over the FERPA violation.  Thought you might like to know.  SNORT.

DEAR FRIEND OF THE TRUTH: Well, Snort, you got one thing right: you are no lawyer. If you were, you would know that the Supreme Court long ago put the kibosh on any private lawsuits alleging a violation of FERPA. See Gonzaga University v. Doe, (2002).   Moreover, FERPA gives parents the right of ACCESS to student records, but not copies.  As far as getting the records amended, FERPA permits this only if the records are inaccurately recorded, misleading or a violation of privacy.  Parents are not entitled to a hearing to challenge a substantive decision, such as the classification of behavior as “bullying.”  FPCO issued a Letter to Anonymous about this in 2017.  Key Quotes from the letter:

…an educational agency or institution is not required by FERPA to afford a parent or eligible student the right to seek to change substantive decisions made by school officials, such as grades or other evaluations of a student.

…this right [to seek a change in the records] cannot be used to challenge a grade or an individual’s opinion, unless the grade or the opinion has been inaccurately recorded.

Thanks for keeping us in the loop! This FPCO Letter to Anonymous was issued July 20, 2017 and we found it at 117 LRP 42291.

DAWG BONE: CAN YOU IMAGINE HAVING TO PROVIDE A HEARING TO ANY PARENT WHO THOUGHT THE C SHOULD BE A B?  OR THE B AN A?

Tomorrow: Another A.P. searches another student’s cell phone.  Another A.P. gets sued.