A respected authority on state and federal public records access laws, Frank D. LoMonte, recently tweeted about the possible misapplication of federal student privacy laws to impede access to information relating to coronavirus in schools.
LoMonte is the executive director of the Brechner Center for Freedom of Information at the University of Florida.
On March 6, he tweeted:
"It would be irresponsible for â¦âª@usedgovâ¬â© to stay silent as schools tell parents that federal privacy law forbids revealing even the name of the school where a coronavirus case occurs. FERPA doesn't say this, and â¦âª@usedgovâ¬â©needs to say so."
LoMonte linked to a report from California's KCRA-3 on the conflicting treatment of public information by different Northern California school districts.
A spokesperson for the Elk Grove Unified School District explained that the name of the school or schools in which secondary exposures have occurred is "confidential information" under FERPA:
"Any kind of confidential information that goes out is a breach of our obligation towards FERPA and will be investigated."
On the other hand, the Sacramento City Unified School District has identified a school, Leonardo Da Vinci K-8, where members of the school community have self-quarantined but shown no symptoms of the virus. Parents have expressed appreciation for the district's candor.
A third district, Rocklin Unified Schools, has identified four schools in which crews are cleaning because people who study and work there are related to the three firefighters who were exposed to a coronavirus patient who died.
LoMonte cites KCRA's report as proof that the USDOE should issue a clear directive notifying districts that the name of a school is not a FERPA protected education record.
LoMonte is a frequent critic of the US Department of Education's over expansive interpretation and application of the Family Educational Rights and Privacy Act (FERPA).
And justifiably so. In my 25 years as an assistant attorney general reviewing denials based on FERPA, I learned that the USDOE rarely saw a record maintained by a school that it did not consider a protected education record.
In time, that profligate interpretation of laws aimed at protecting student privacy in education records bled over into some Kentucky public universities' and school districts.
Three Kentucky school districts are currently dealing with the coronavirus health risk in their communities.
https://www.wdrb.com/news/jcps-will-remain-open-monday-despite-confirme…
https://www.kentucky.com/news/local/education/article240990736.html
https://www.wtvq.com/2020/03/06/fayette-county-public-schools-react-cor…
Although the districts are taking different approaches to closing schools, none has withheld information about its response.
As we move forward, which it seems we must inevitably do, it is equally important that Kentucky's school districts and other educational institutions understand that the identity of a school is not an education record.
And it would be helpful if the USDOE would issue a statement eliminating any doubt.
