Following his daughter's school experiencing a school shooting hoax, security professional and concerned parent Dan Verton shared his concerns authoring an opinion on how schools utilize the Family Educational Rights Privacy Act as an excuse to keep parents from relevant information pertaining to discipline and safety at their child's school.

What Happened Here?

A student at Verton's child's school threatened to perform a mass shooting at the high school. In response, the high school emailed parents, notifying them that the administration had become aware of a “threatening text message” and that the administration would continue “monitoring our school and normal operations [were] in place,” but shared no additional context or information.

At this point, students were already panicked, calling and texting their parents. The students themselves already knew the content of the text message from a fellow student: "I'm shooting up School at 12:37 tomorrow. Beware." Over two hours later, after numerous students had been pulled from school, parents were sent an additional message from school administration, “this threat has been mitigated.”

The administration's response left parents questioning why the school was so hesitant to share information crucial to their child's safety. Parents immediately asked what disciplinary action would be taken against the threatening individual but were received with no substantive response, only a vague comment about how the school could not discuss an individual student's disciplinary consequences, presumably under FERPA. In addition, the school ignored that the parents' requests included no disclosure of identifying information.

Consequences for violent threats vary drastically, and often parents have access to information on where the bar is set for such actions. In the case above, parents ultimately discovered, not through school administration, that the student in question received just 11 days of suspension.

Hiding Behind FERPA

FERPA was established to protect student privacy by limiting access and disclosing students' personally identifiable information from educational records. But FERPA was not designed to protect student data at all costs, particularly regarding student safety. Failing to share information can put students in unsafe environments. Schools must learn to balance privacy and safety. This is becoming even more evident in cases where information could have prevented harm, including bullying, harassment, sexual assault, or other forms of violence. Schools' use of FERPA can do more harm than good when used improperly.

Are You Entitled to Know More?

Every parent is entitled to relevant safety information about their child. Schools cannot utilize FERPA to avoid accountability regarding disciplinary actions they have taken or will take against students who threaten the health or safety of their fellow peers or pertinent safety information. If you believe FERPA is being misused at your child's school Attorney-Advisor Joseph D. Lento and his experienced Education Law Team can help determine the best course of action. Joseph D. Lento and his Team have extensive experience in protecting children's rights and advocating for their safety. Contact us today at (888) 535-3686 or online.