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Ely, Attorney
Category: Education Law
Satisfied Customers: 99456
Experience:  Attorney in general practice,
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I have a question about FERPA. To what extent must a public

Customer Question

I have a question about FERPA. To what extent must a public school system go to protect the privacy of a minor student.A student sent an email to School Superintendent complaining of Bullying of a teacher / coach. The teacher / coach found out and had his lawyer to an ORR to see the email. The school board redacted his name but it was impossible to protect his identity because of the content of the email. Should they have gone further to protect his identity possibly as far as refusing to release the email?
Submitted: 3 months ago.
Category: Education Law
Customer: replied 3 months ago.
I would like this to be answered by ScottymacEsq
Customer: replied 3 months ago.
I have not got an answer to this question
Expert:  Ely replied 3 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Hello again. I believe that we touched base on this earlier where I had explained that under state law, unless the child is 12 or under, there is no privacy limitation in your matter: "No, there is no such rule that a minor's name be redacted unless in some cases where the minor is 12 or under, per 50-18-72(a)(27)."
Now, you mention FERPA, which is a good thing to mention but unfortunately that does not apply here. FERPA applies to the school district giving out records to third parties. This was an inter-school/district complaint. No outside third parties were provided the child's name. So this was not a FERPA violation.
Thanks again for not shooting the messenger, in advance.
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Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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