[aisle] Student Confidentiality and Library Records

[Anita Beaman]

I wondered about that, Tad, as I read the same post by a NY lawyer that you
linked to.  The NY privacy statute specifically mentions school libraries
as covered but the Illinois one just says "libraries."  I wasn't sure how
to interpret that.

On Fri, Jan 20, 2023 at 1:30 PM Tad Andracki <tandracki at ucls.uchicago.edu>
wrote:

> IANAL (I am not a lawyer), but the legal consensus that I've seen on this
> is that library records *are* considered "school records" under FERPA,
> but that states with strong library privacy statutes like New York
> <https://www.wnylrc.org/ask-the-lawyer/raqs/80> or Illinois would likely
> activate the clause in FERPA that state statutes might supersede FERPA
> requirements. This would mean that school libraries would be able to keep
> library records confidential. This does *not* appear to have been
> court-tested, however.
>
> Hope that helps,
> Tad
>
> On Fri, Jan 20, 2023 at 1:08 PM Anita Beaman via AISLE <
> aisle at list.railslibraries.info> wrote:
>
>> Sara, that seems to be the real question.  Do school library records
>> qualify as "school records" under FERPA?  They are not specifically
>> mentioned either way, so it seems to be kind of a grey area.
>>
>> Some states have state statutes that specifically mention the
>> confidentiality of school library records.  However, Illinois's Library
>> Records Confidentiality Act doesn't specifically mention school libraries;
>> it just says library records are confidential.  So, the question is, does
>> FERPA override the Illinois law?  Which law(s) govern school library
>> records when they are not specifically named?
>>
>> On Fri, Jan 20, 2023 at 12:36 PM Sara Bell via AISLE <
>> aisle at list.railslibraries.info> wrote:
>>
>>> I would love to learn more on this topic as well.
>>>
>>> Since a large portion of my background is in public libraries, I don't
>>> have an expert opinion. But it was my understanding that if the
>>> students are minors, school records can not be withheld from parents.
>>> School library accounts would also be school records, correct?
>>>
>>> On Fri, Jan 20, 2023 at 10:49 AM Anita Beaman via AISLE <
>>> aisle at list.railslibraries.info> wrote:
>>>
>>>> Hello!
>>>> Our district is updating our library policies and will be having a
>>>> discussion about student privacy and library records at our next meeting.
>>>> There was some disagreement about this topic at our last meeting and I'd
>>>> like to have some input to share at our next one.
>>>>
>>>> According to the Illinois Library Records Confidentiality Act,
>>>> <https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1004&ChapterID=16>
>>>> libraries cannot make records available "to the public."  Some on our
>>>> committee are arguing that making them available to parents isn't "the
>>>> public."  Others feel it's important to keep student records private, even
>>>> from parents.
>>>>
>>>> We're a K-12 district, so this complicates matters since different
>>>> arguments can be made for different age groups.
>>>>
>>>> We've discussed this on the listserve before but I'm still gathering
>>>> info.  How do you handle sharing this information and what grade level is
>>>> your building?
>>>>
>>>> Any online resources you know if discussion this are also welcome!
>>>>
>>>> Thanks!
>>>>
>>>> --
>>>> "There is no dignity quite so impressive, and no independence so
>>>> important, as living within your means."--Calvin Coolidge
>>>> MAILMAN_MIMEDEFANG
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>>> MAILMAN_MIMEDEFANG
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>>
>>
>>
>> --
>> "There is no dignity quite so impressive, and no independence so
>> important, as living within your means."--Calvin Coolidge
>> MAILMAN_MIMEDEFANG
>> _______________________________________________
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>
>
>
> --
> *Tad Andracki*
> (he/him *or *they/them)
> Middle School Librarian and Chair | Rowley Library
> University of Chicago | Laboratory Schools
> 1362 East 59th Street  |  Chicago, IL  60637
> Phone: (773) 702-2091
> tandracki at ucls.uchicago.edu
>


-- 
"There is no dignity quite so impressive, and no independence so important,
as living within your means."--Calvin Coolidge
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