[aisle] Student Confidentiality and Library Records

[Anita Beaman]

My committee members are also questioning the definition of "public" under
the Illinois statute, which says library records cannot be shared with the
public.  They say the parents of a minor child are not "the public."

On Fri, Jan 20, 2023 at 1:37 PM Anita Beaman <anitabeaman at gmail.com> wrote:

> 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
>


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