FC: Can well-intended but misguided privacy laws harm education?

From: Declan McCullagh (declanat_private)
Date: Tue Jun 26 2001 - 18:39:38 PDT

  • Next message: Declan McCullagh: "FC: Police arrest newspaper editor for criticizing Florida cops"

    ---
    
    From: Sonia Arrison <sarrisonat_private>
    To: "'declanat_private'" <declanat_private>
    Subject: Privacy Laws Harm Education?
    Date: Tue, 26 Jun 2001 17:52:12 -0700
    MIME-Version: 1.0
    
    Declan,
    
    Most of us remember that in elementary school teachers would give spelling
    tests and then ask students to pass their paper to the student behind them
    to grade it.  Well, that common and useful exercise might be outlawed by
    presumably well-intended privacy laws.  The US Supreme court will be
    deciding whether school grading practices violated the Family Education
    Rights and Privacy Act (FERPA).  This is yet one more example of how strict
    privacy laws upset social balance and result in poor unintended
    consequences.  There'll be more on the unintended consequences of privacy
    laws in my soon to be released privacy paper, "Consumer Privacy: A Free
    Choice Approach".  Below is an article on the "paper swapping" case as well
    as some links to useful info.
    
    -Sonia
    
    Sonia Arrison
    Director, Center for Freedom and Technology
    Pacific Research Institute
    755 Sansome Street, Suite 450
    San Francisco, CA 94111
    ph: (415) 989-0833 x 107
    fx: (415) 989-2411
    www.pacificresearch.org
    
    
    ----------------------------------------------------------------------------
    -------------------
    High court agrees to hear paper-swapping case
    KELLY KURT, Associated Press Writer
    Monday, June 25, 2001
    ©2001 Associated Press
    URL:
    <http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2001/06/25/nat
    ional1848EDT0730.DTL>
    (06-25) 15:48 PDT TULSA, Okla. (AP) --
    The U.S. Supreme Court, taking up the privacy issue, has agreed to decide
    whether to end common classroom practices such as allowing students to grade
    each other's assignments and posting honor rolls.
    The court announced Monday it will hear the appeal of Owasso Public Schools.
    Kristja J. Falvo sued the district in 1998, alleging her three children --
    ranging from ninth to 11th grade -- were embarrassed when other students
    graded their work and then called grades out to the teacher.
    A federal judge sided with the district, but the 10th U.S. Circuit Court of
    Appeals in Denver ruled that the grading practice violated the Family
    Education Rights and Privacy Act.
    The act prohibits educational institutions from releasing "education records
    of students ... without the written consent of their parents." The appeals
    court found that grades students report to the teacher constitute "education
    records."
    [...]
    
    Links with info on FERPA (Family Educational Rights and Privacy Act )
    follow.  Failure of an educational agency or institution to comply with
    FERPA can result in the loss of Federal funding.
    
    http://www.ed.gov/offices/OESE/SDFS/actguid/infshare.html
    
    http://www.feti.tec.ar.us/family.htm
    
    http://www.ncjrs.org/txtfiles/fs9878.txt
    
    http://ojjdp.ncjrs.org/about/98juvjust/980513b.html
    
    
    And a link to the Falvo case:
    
    http://laws.lp.findlaw.com/10th/995130.htm
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    To subscribe, visit http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Tue Jun 26 2001 - 19:38:29 PDT