Are emails between parents and teachers subject to FOIA?

[Anonymous]

Anonymous wrote:FOIA lawyer here, athough I'm less familiar with FERPA.

The federal Freedom of Information Act, 5 USC 552, applies only to the executive branch of the federal government, but many states have their own versions that would apply to public schools.

It's highly unlikely that emails from a parent to a teacher about a particular student would be released pursuant to the FOIA, unless the public interest in the email - the interest of the public to know what the government is up to as demonstrated by the message - is so great as to outweigh the privacy interest of the student and parent. That said, if the document can be sufficiently redacted so that the student, parent, and other individuals cannot be identified, the disclosure of redacted messages may be required.

Going back to my FOIA work now. . .

It’s not so much our emails would ever be released to the public but individuals can request them. Parents suing schools and districts have done this. Houston ISD was recently hit with a copyright violation suit by a company whose products they illegally distributed and emails were pulled by lawyers to corroborate the claim they knew it was illegal and did it anyway. Anything we send in our school email can be requested by anyone at any time and provided.

[Anonymous]

Anonymous wrote:
Scared?

For your kid's and your family's privacy? Yes.

If I respond to a parent's request for understanding of a grade and I attach a pdf of the interim and then provide a written commentary (Lucas did not turn in 5 assignments, Lucas did not attempt any re-takes and his test scores are 88, 15, 43 and 71, Lucas frequently is not prepared for class and on 32 days this quarter did not have a pencil or his iPad when he came to class, Lucas has disclosed that he has concerns about some family stuff that is causing him to be distracted so I suggested that he tell you about it and also referred him to the counselor, and I have sent you 2 emails and left 3 voice mail messages about all of the afore-mentioned but have not heard from you until now which is unfortunate because it is 2 days before grades are due).

Am I scared that I said something uncharitable and derogatory in an email to another teacher about the fact that a parent waited until the end of the grading period to send an email asking about Lucas's grade and implied that he was going to complain to the principal because his kid was failing? No, I save that for a verbal conversation, which is not subject to FOIA and is not documented.

[Anonymous]

Anonymous wrote:If I email my kid's teacher about an issue, let's say my kid needs a child study started, can another person request that email through the FOIA? Or is that considered confidential? Are all emails to the school subject to FOIA, or are some considered off limits?

Welcome to a totalitarian society.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If I email my kid's teacher about an issue, let's say my kid needs a child study started, can another person request that email through the FOIA? Or is that considered confidential? Are all emails to the school subject to FOIA, or are some considered off limits?

Your information is confidential. FERPA protects it. Random people can't FOIA your family's information.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Scared?

For your kid's and your family's privacy? Yes.

If I respond to a parent's request for understanding of a grade and I attach a pdf of the interim and then provide a written commentary (Lucas did not turn in 5 assignments, Lucas did not attempt any re-takes and his test scores are 88, 15, 43 and 71, Lucas frequently is not prepared for class and on 32 days this quarter did not have a pencil or his iPad when he came to class, Lucas has disclosed that he has concerns about some family stuff that is causing him to be distracted so I suggested that he tell you about it and also referred him to the counselor, and I have sent you 2 emails and left 3 voice mail messages about all of the afore-mentioned but have not heard from you until now which is unfortunate because it is 2 days before grades are due).

Am I scared that I said something uncharitable and derogatory in an email to another teacher about the fact that a parent waited until the end of the grading period to send an email asking about Lucas's grade and implied that he was going to complain to the principal because his kid was failing? No, I save that for a verbal conversation, which is not subject to FOIA and is not documented.

+1000

[Anonymous]

Anonymous wrote:

Anonymous wrote:FOIA lawyer here, athough I'm less familiar with FERPA.

The federal Freedom of Information Act, 5 USC 552, applies only to the executive branch of the federal government, but many states have their own versions that would apply to public schools.

It's highly unlikely that emails from a parent to a teacher about a particular student would be released pursuant to the FOIA, unless the public interest in the email - the interest of the public to know what the government is up to as demonstrated by the message - is so great as to outweigh the privacy interest of the student and parent. That said, if the document can be sufficiently redacted so that the student, parent, and other individuals cannot be identified, the disclosure of redacted messages may be required.

Going back to my FOIA work now. . .

It’s not so much our emails would ever be released to the public but individuals can request them. Parents suing schools and districts have done this. Houston ISD was recently hit with a copyright violation suit by a company whose products they illegally distributed and emails were pulled by lawyers to corroborate the claim they knew it was illegal and did it anyway. Anything we send in our school email can be requested by anyone at any time and provided.

FOIA lawyer here again. Anything can be requested, but that doesn't mean it will be provided in its entirety. Even if these emails were requested in litigation, there are a number of options other than a wholesale disclosure of the contents, e.g., opposition to the production on the basis of relevance, production of redacted documents, production under a protective order.

In short, don't let fear of your emails being shared in litigation or pursuant to the FOIA get in the way of honest, open communications with your child's teacher.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:FOIA lawyer here, athough I'm less familiar with FERPA.

The federal Freedom of Information Act, 5 USC 552, applies only to the executive branch of the federal government, but many states have their own versions that would apply to public schools.

It's highly unlikely that emails from a parent to a teacher about a particular student would be released pursuant to the FOIA, unless the public interest in the email - the interest of the public to know what the government is up to as demonstrated by the message - is so great as to outweigh the privacy interest of the student and parent. That said, if the document can be sufficiently redacted so that the student, parent, and other individuals cannot be identified, the disclosure of redacted messages may be required.

Going back to my FOIA work now. . .

It’s not so much our emails would ever be released to the public but individuals can request them. Parents suing schools and districts have done this. Houston ISD was recently hit with a copyright violation suit by a company whose products they illegally distributed and emails were pulled by lawyers to corroborate the claim they knew it was illegal and did it anyway. Anything we send in our school email can be requested by anyone at any time and provided.

FOIA lawyer here again. Anything can be requested, but that doesn't mean it will be provided in its entirety. Even if these emails were requested in litigation, there are a number of options other than a wholesale disclosure of the contents, e.g., opposition to the production on the basis of relevance, production of redacted documents, production under a protective order.

In short, don't let fear of your emails being shared in litigation or pursuant to the FOIA get in the way of honest, open communications with your child's teacher.

Okay but just know that as the teacher I also know my liability and what I’m willing to put in email is limited because of it. For the real nitty gritty you need to come in and talk.

[Anonymous]

If I sent an email to the schoom principal regarding suspecting bullying of my child, would that be FERPA?

[Anonymous]

Anonymous wrote:If I sent an email to the schoom principal regarding suspecting bullying of my child, would that be FERPA?

Yes. If the principal forwards it to a teacher, it would be FERPA in the other direction (you have a right to any record concerning your child)

[Anonymous]

Okay but just know that as the teacher I also know my liability and what I’m willing to put in email is limited because of it. For the real nitty gritty you need to come in and talk.

+1 aside from very minor issues, I always ask parents to schedule a conference, just like I ask other teachers to confer with me in person and not via email.

[Anonymous]

Anonymous wrote:I was told that my emails to parents can be subpoenaed. I’d imagine they would be redacted to remove the names of minors and others identifying info. I’m not sure anyone would want to comb through hundreds of thousands of parent to teacher emails for anything non-criminal. Admin to teacher emails might be interesting.

That kid's *parents* can subpoena your emails about them. I can't get ahold of Larol Smith's paperwork via FOIA unless I'm his paren.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I was told that my emails to parents can be subpoenaed. I’d imagine they would be redacted to remove the names of minors and others identifying info. I’m not sure anyone would want to comb through hundreds of thousands of parent to teacher emails for anything non-criminal. Admin to teacher emails might be interesting.

That kid's *parents* can subpoena your emails about them. I can't get ahold of Larol Smith's paperwork via FOIA unless I'm his paren.

I have had a parent FOIA information/emails, it was only related to their student...and only information where I used their name/initials.