Will You Be Subject To An Unreasonable Search and Siezure?

The Davis School Board heard a recommendation to change its Family Educational Rights and Privacy policy at its workshop meeting on Tuesday, Feb 7, 2012 at 3:00 pm. Schools routinely have a great deal of personal information about students and parents through the processes of enrollment, counseling, class participation, extracurricular activities, volunteer activities, medical concerns and government program participation.

Currently the policy establishes standards and procedures for protecting the private information of students, their parents and family which schools keep.

The proposed new policy would allow the District's Director of Assessment, Research and Evaluation to disclose “ personally identifiable information from education records without prior consent”, to authorized representatives of the following:

1. U.S. Attorney General
2. U.S. Secretary of Education
3. Comptroller General of the U.S.
4. State Education authorities
5. Local Education authorities

to conduct audit evaluations or enforcement activities or compliance activities of Federal- or State-supported education programs.

The Director could also release the same private information to organizations conducting studies for schools, school districts or institutions of higher education for developing tests, administering student aid programs or improving instruction.

The author of the proposed change said that the federal Family Educational Rights and Privacy Act requires the inclusion of this provision in our policy.

The fourth amendment to the U.S. Constitution prohibits the unreasonable search and siezure of our “papers or effects”. This line must not be crossed, even if a Federal Law says school districts may release private information. It is not that difficult to “de-identify” information for the purpose of studies or research.

The issue is scheduled to be heard and voted on at the February 21 meeting of the Davis School Board. The meeting begins at 5:30 pm at the School District Administration building at 45 E. State Street, Farmington, Utah. I plan vote to oppose this policy change by the Davis School Board.