[aisle] Student Confidentiality and Library Records

Fri Jan 20 14:47:41 CST 2023

 This is an important issue for all school librarians to have information at hand when questioned about student library accounts.  What do AISLE and AASL say about this topic?  I'd be interested in getting their input.  
    On Friday, January 20, 2023 at 01:39:53 PM CST, Anita Beaman via AISLE <aisle at list.railslibraries.info> wrote:  

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