Can I sue Callie Oettinger?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I wonder how much Callie’s 501c3 has been able to raise off of all this free publicity?

https://specialeducationaction.com/please-donate/

It’s tax deductible too! More money I don’t have to give to fcps not to protect my kids data.

So I did a little digging around on this, and here is what I found (apologize that it is so long)

Special Education Action Incorporated (Entity ID 11354161) is incorporated as a Virginia Nonstock [Non-Profit] Corporation. All corporate documents are publicly available on the website of the State Corporation Commission:
https://cis.scc.virginia.gov/EntitySearch/Index

Special Education Action Incorporated is registered as being exempt from federal income taxes under IRC 501(c)(3) / 509(a)(2) (Special Education Action Incorporated: EIN 88-1475436): https://apps.irs.gov/app/eos/

In return for being tax exempt and receiving tax deductible contributions, Congress requires Section 501(c)(3) organizations to disclose information about their organization to the public. The requested information should be made available within two weeks (if the organization has no office or has limited hours). If someone asks for copies to keep, the organization has to provide them, regardless whether the request is made in person or in writing.
https://www.stayexempt.irs.gov/se/files/downloads/Required_Disclosures_Print_for_PDF.pdf

In addition to being registered with the State Corporation Commission and IRS, every charitable organization (except as otherwise provided for in the Virginia Solicitation of Contributions Law, VSOC), which intends to solicit contributions within the Commonwealth or have funds solicited on its behalf, is required to file an initial registration statement with OCRP prior to any solicitation. According to OCRP, "'Solicit' and 'solicitation' mean the request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose..'". Further details:
https://law.justia.com/codes/virginia/2022/title-57/chapter-5/
https://www.vdacs.virginia.gov/food-charitable-solicitation.shtml
https://www.vdacs.virginia.gov/pdf/charitablesolicitationsfaqs.pdf

Special Education Action Incorporated's website has a 'Make A Donation' button and a donation form on its website, which states that: "Your tax-deductible donation will help ensure parents, educators, and students have the information and tools necessary to fully understand, address, and safeguard the unique needs of all students who require special education." (https://specialeducationaction.com/donations/form/)

A VDACS database search suggests that Special Education Action Incorporated is NOT registered with VDACS Office of Charitable and Regulatory Programs (OCRP) as required by the Virginia Solicitation of Contributions Law:
https://cos.vdacs.virginia.gov/cgi-bin/char_search.cgi

"Any person who willfully and knowingly violates or causes to be violated any provision of this chapter [i.e., the Virginia Solicitation of Contributions Law (VSOC)] ... shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $100 and not more than $1,000 or by confinement in jail for not more than six months, or both, and for the second and any subsequent offense by a fine of not less than $500 and not more than $2,500 or by confinement in jail for not more than one year, or both. Whenever the Commissioner [of the Virginia Department of Agriculture and Consumer Services] has reasonable cause to believe that a violation of this chapter may have occurred, the Commissioner, upon his own motion or upon complaint of any person, may investigate any charitable or civic organization ... to determine whether such charitable or civic organization... has violated the provisions of this chapter. (VA Code § 57-59)

Ignorance of the law on the part of the Directors and Officers of Special Education Action Incorporated is no excuse for violating the law. Every donation received by Special Education Action Incorporated in violation of the VSOC Law should be considered a separate violation of the law.

The Commissioner of the Virginia Department of Agriculture and Consumer Services responsible for enforcement of this law is Mr. Joseph Guthrie (Phone: [phone], email: [e-mail]). Further information:
https://www.vdacs.virginia.gov/about-commissioners-office.shtml

Callie has made a business out of pointing out that FCPS is careless with students' privacy rights and has a history of violating the Family Educational Rights and Privacy Act (FERPA). There is no doubt that FCPS can and should do better. There is also no doubt that Callie's tactics are despicable.

This is especially true since Callie's own not-for-profit is actively soliciting contributions in the Commonwealth of Virginia (among others, by having a 'Please Donate' button on her website) in violation of the Virginia Solicitation of Contributions Law. Tens of thousands of legitimate not-for-profit entities in Virginia follow the law and register with the VDACS Office of Charitable and Regulatory Programs (OCRP) every year. Callie did not. That's a violation of the law. It is not smart for people who live in glass houses to throw stones.

Do you feel like your (or your child's) privacy rights were violated by Callie? One free and easy step you can take to make sure that Callie doesn't profit from her actions: contact Mr. Joseph Guthrie (Phone: [phone], [e-mail]), who--as the Commissioner of the Virginia Department of Agriculture and Consumer Services--is responsible for enforcement of this law. Fines and penalties are clearly spelled out in the law. The Commissioner is empowered to investigate any charitable or civic organization to determine whether such organization has violated the provisions of the law, and should--on behalf of the people of Virginia--take any legal steps necessary to ensure that every not-for-profit in Virginia (including Callie's) follows the law.

Callie has made a business out of pointing out that FCPS is careless with students' privacy rights and has a history of violating the Family Educational Rights and Privacy Act (FERPA). There is no doubt that FCPS can and should do better. There is also no doubt that Callie's tactics are despicable.

This is especially true since Callie's own not-for-profit is actively soliciting contributions in the Commonwealth of Virginia (among others, by having a 'Please Donate' button on her website) in violation of the Virginia Solicitation of Contributions Law. Tens of thousands of legitimate not-for-profit entities in Virginia follow the law and register with the VDACS Office of Charitable and Regulatory Programs (OCRP) every year. Callie did not. That's a violation of the law. It is not smart for people who live in glass houses to throw stones.

Do you feel like your (or your child's) privacy rights were violated by Callie? One free and easy step you can take to make sure that Callie doesn't profit from her actions: contact Mr. Joseph Guthrie (Phone: [phone], [e-mail]), who--as the Commissioner of the Virginia Department of Agriculture and Consumer Services--is responsible for enforcement of this law. Fines and penalties are clearly spelled out in the law. The Commissioner is empowered to investigate any charitable or civic organization to determine whether such organization has violated the provisions of the law, and should--on behalf of the people of Virginia--take any legal steps necessary to ensure that every not-for-profit in Virginia (including Callie's) follows the law.

Wonderful. Waste an already strapped government entity’s time and resources with frivolous complaints because you really want to get someone.

Hi Callie-
Actually, wasting an already strapped government entity’s time and resources with frivolous requests because you really want to get someone is your MO. Because of you, the privacy rights of 30,000 of your neighbors have been violated, legitimate FOIA requests will be slowed down or stifled, and FFX Co residents will ultimately be paying for your shenanigans in higher taxes.

You can't insist FCPS should follow the law but place yourself above the law. Own your mistakes. Do the right thing and comply with the law. If you and your Board of Directors weren't aware of the VSOC law, now you are. Remove your donation page immediately until you're properly registered.

Sincerely-
Matlock

At least you’re half right. I’m not Callie, but you’re clearly a wannabe lawyer. But chin up, half right is the best you’ve done in a long time, although in fcps half right is the absolute worst you can do. So, really no improvement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:


She doesn't need permission. Once FCPS mistakenly gave her the documents, she was free to do whatever she wanted with them. She has no legal obligation to protect or not disclose anything. We can argue about morals and ethics all day (or for the 61 pages of this thread) but the law is clear.


“Thank God there’s at least one other person on this thread with at least a shred of intelligence and common sense. My faith in NoVa parents is restored.“

What a load of crap. Let’s see how that stands up in court when she gets her ass sued. So if the bank deposits money in my account I can do whatever I like with it? It’s there mistake not mine. You are a piece of work. Bless your heart

It’s already stood up in court. FCPS sued her and lost before. Then they did it again! Catch up, people!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

No she didn’t. You hear fake news and just run with it. You must be easy to fool. Guess what? I’ve got your nose!!!!

She sent unredacted files out to the Goldwater institute.

It’s a huge violation to other SN families.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

No she didn’t. You hear fake news and just run with it. You must be easy to fool. Guess what? I’ve got your nose!!!!

She sent unredacted files out to the Goldwater institute.

It’s a huge violation to other SN families.

Are you being difficult on purpose?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

Incorrect. She doesn’t need your permission because you’re not the owner of the data. Fcps is. I’m so sorry this is so difficult for you to understand but not really.

FCPS cannot release without specific authorization from parents. Parents never provided it. She is not authorized to hold this information. Certainly not authorized to distribute to others.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

No she didn’t. You hear fake news and just run with it. You must be easy to fool. Guess what? I’ve got your nose!!!!

She sent unredacted files out to the Goldwater institute.

It’s a huge violation to other SN families.

Are you being difficult on purpose?

No, I’m disgusted that she would violate thousands of other SN families.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

No she didn’t. You hear fake news and just run with it. You must be easy to fool. Guess what? I’ve got your nose!!!!

She sent unredacted files out to the Goldwater institute.

It’s a huge violation to other SN families.

Are you being difficult on purpose?

No, I’m disgusted that she would violate thousands of other SN families.

She didn’t. It’s sad you’re not being difficult on purpose. I was hoping you could control it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

Incorrect. She doesn’t need your permission because you’re not the owner of the data. Fcps is. I’m so sorry this is so difficult for you to understand but not really.

FCPS cannot release without specific authorization from parents. Parents never provided it. She is not authorized to hold this information. Certainly not authorized to distribute to others.

***Flagged as disinformation***

[Anonymous]

Just because something is legal, does not make it ethical or moral.

Her release of info certainly did get attention, and maybe changes will be made.

On the other hand, when people are overworked then mistakes tend to happen, regardless of systems in place.

[Anonymous]

Anonymous wrote:Just because something is legal, does not make it ethical or moral.

Her release of info certainly did get attention, and maybe changes will be made.

On the other hand, when people are overworked then mistakes tend to happen, regardless of systems in place.

So take Callie to morality court. You’ll still lose but at least you have an argument to make. The “I know it’s not legal but I want to sue anyhow” isn’t exactly ethical either.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

Incorrect. She doesn’t need your permission because you’re not the owner of the data. Fcps is. I’m so sorry this is so difficult for you to understand but not really.

FCPS cannot release without specific authorization from parents. Parents never provided it. She is not authorized to hold this information. Certainly not authorized to distribute to others.

She has no legal obligation to the parents. FCPS has the legal obligation. FCPS's apparent breach of that legal obligation does not impact her right to do what she wants with what FCPS gives her (even though FCPS gave her information that it shouldn't have). She obtained the information through a proper legal process -- FOIA request, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

Incorrect. She doesn’t need your permission because you’re not the owner of the data. Fcps is. I’m so sorry this is so difficult for you to understand but not really.

FCPS cannot release without specific authorization from parents. Parents never provided it. She is not authorized to hold this information. Certainly not authorized to distribute to others.

***Flagged as disinformation***

This was already covered earlier. She doesn’t have “specific authorization”.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:​

the practice of saying or implying that a person who has suffered harm or injury is responsible for it, rather than the person who caused the harm or injury

My kids are the victim of Callie. Neither they, or their parents, gave Callie permission to share their data.

Correct you gave fcps permission and fcps gave Callie permission.

Incorrect.

Callie did not have specific authorization from parents. She distributed health and private information about thousands of students and should be held accountable for her actions.

Such a disgusting thing to do to other SN families.

No she didn’t. You hear fake news and just run with it. You must be easy to fool. Guess what? I’ve got your nose!!!!

She sent unredacted files out to the Goldwater institute.

It’s a huge violation to other SN families.

Are you being difficult on purpose?

No, I’m disgusted that she would violate thousands of other SN families.

She didn’t. It’s sad you’re not being difficult on purpose. I was hoping you could control it.

Are you 12? What’s with the childish responses?

She absolutely violated the privacy of thousands of FCPS families.

[Anonymous]

Anonymous wrote:Callie did not have specific authorization for redisclosure of health records.

https://law.lis.virginia.gov/vacode/title32.1/chapter5/section32.1-127.1:03/#:~:text=No%20person%20to%20whom%20health,specific%20authorization%20to%20such%20redisclosure.
No person to whom health records are disclosed shall redisclose or otherwise reveal the health records of an individual, beyond the purpose for which such disclosure was made, without first obtaining the individual's specific authorization to such redisclosure.

Two points here:

1. That law does not apply to private individuals. It applies to health care providers and those in privity with them. It would violate the First Amendment (as a prior restraint) if applied to the population generally.

2. Even if it did apply to private individuals, the law states (at subsection (C)(2)) that it does not apply to "the health records of minors."

[Anonymous]

Anonymous wrote:

Anonymous wrote:Callie did not have specific authorization for redisclosure of health records.

https://law.lis.virginia.gov/vacode/title32.1/chapter5/section32.1-127.1:03/#:~:text=No%20person%20to%20whom%20health,specific%20authorization%20to%20such%20redisclosure.
No person to whom health records are disclosed shall redisclose or otherwise reveal the health records of an individual, beyond the purpose for which such disclosure was made, without first obtaining the individual's specific authorization to such redisclosure.

Two points here:

1. That law does not apply to private individuals. It applies to health care providers and those in privity with them. It would violate the First Amendment (as a prior restraint) if applied to the population generally.

2. Even if it did apply to private individuals, the law states (at subsection (C)(2)) that it does not apply to "the health records of minors."

No, this section addresses individuals.