[aisle] Student Confidentiality and Library Records

[Anita Beaman]

ALA's stance is discussed here:
https://www.ala.org/advocacy/privacy/students

On Fri, Jan 20, 2023 at 2:47 PM Loretta Burke <ltburke at sbcglobal.net> wrote:

> 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
> <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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>
>
> --
> "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
> MAILMAN_MIMEDEFANG
> _______________________________________________
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>
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>


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