[aisle] Student Confidentiality and Library Records

[Sara Bell]

Quoted from* https://www.ala.org/advocacy/privacy/students
<https://www.ala.org/advocacy/privacy/students> *

Regarding overdue library materials for '"older students":
"This situation is a gray area dilemma for the school library worker who
has a fiduciary responsibility to maintain the collection and also an
ethical responsibility to protect students’ privacy."



On Fri, Jan 20, 2023 at 2:58 PM Anita Beaman via AISLE <
aisle at list.railslibraries.info> wrote:

> 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
>> _______________________________________________
>> AISLE mailing list
>> AISLE at list.railslibraries.info
>>
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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
> MAILMAN_MIMEDEFANG
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>
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