Legal Question in Education Law in California

Re: Contacting parents/teachers without consent if over 18

Private School? Probably. Actually, the school is violating your privacy rights. Speak to your Dad. Get an understanding and then the two of you will instruct the school. Don'tgo postal or irregular. A little trampling of your "rights" where the peace of the family and a caring parent is concerned ain't so bad.

I represent a lot of young people and I am also a parent of a 25 and 28 year old. As a lawyer it is often a challenge not to "champion" ones rights as the joisting at windmills has to be very carefully weighed and only used when the winning of the battle is significant and a life imperative.

Here, although you have been "wronged" your Dad undoubtedly is doing what he feels is right for him as a parent. The fact that he convinced a teacher to violate your rights is a different matter. Shame on the teacher and not your Dad. Take it up with your Dad first, even show him this email if you like.

Good luck

Sincerely,

Mark Geyer

Re: Contacting parents/teachers without consent if over 18

Two issues are raised by your question, what are your rights, and why are you concerned about the disclosure.

First, at 18 you are the holder of the rights, unless you fall within an exception, such as dependent as defined by IRS code.

There are substantial federal and state protections for the privacy of students' educational records. The most prominent of the federal protections for student privacy is the Family Educational Rights and Privacy Act (FERPA), also known as the "Buckley Amendment, " FERPA protects the confidentiality of student records to some extent, while also giving students the right to review their own records. The FERPA protects the confidentiality of student educational records. The Act applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds.

FERPA extends certain privacy rights to parents with regard to their children's education records. These rights transfer to the child when he or she reaches the age of 18, thus becoming a student eligible for rights under FERPA. If you think your FERPA rights have been violated, you can file a complaint with the Department of Education's Family Policy Compliance Office (FPC). Complaints must be filed within 180 days of the alleged violation, or at the time the complainant knew of the violation or reasonably should have known of the violation.(See EPIC Student Privacy)

2) The second issue is why you are so distressed by the disclosure. If you are not doing well in school perhaps you should see your counselor about getting assessed to be entitled to additional services. You don't have to be disabled, or have a disability. For example, serious emotional distress can qualify you. It sound like your parent's reaction distresses you.

Please contact me if you need additional consultation on this matter.