tag:blogger.com,1999:blog-6534665086749553287.post1422368854132126113..comments2024-03-27T08:53:29.267-04:00Comments on CURMUDGUCATION: Eva & Charter PrioritiesPeter Greenehttp://www.blogger.com/profile/16511193640285760299noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6534665086749553287.post-4552537839439707032015-10-24T14:22:02.046-04:002015-10-24T14:22:02.046-04:00This is why educators need to run schools, not bus...This is why educators need to run schools, not business mavens.<br /> laMissyhttps://www.blogger.com/profile/00516322307725011313noreply@blogger.comtag:blogger.com,1999:blog-6534665086749553287.post-7354516404868700142015-10-24T10:30:49.750-04:002015-10-24T10:30:49.750-04:00The interesting thing is why did she react as she ...The interesting thing is why did she react as she did? I thought she was sitting on Fat Avenue at the intersection of Bought-and-Paid Politician street? What does she fear from this story and student/parent? Perhaps the facade is beginning to crumble like the sets of a Hollywood Western. Only a facade for the camera.Anonymoushttps://www.blogger.com/profile/03544213160574214282noreply@blogger.comtag:blogger.com,1999:blog-6534665086749553287.post-1835465711810866532015-10-24T09:57:55.981-04:002015-10-24T09:57:55.981-04:00LaMonte actually (and albeit reluctantly) supports...LaMonte actually (and albeit reluctantly) supports the complaining parent's argument that Eva's behavior constitutes a technical violation of the federal FERPA law:<br /><br />I added parentheticals to show its application to the Moskowitz case... <br /><br />(the complaining parent) = the parent upset at Moskowitz for revealing her child's personal info.<br />-----------------------------------<br />LaMonte:<br /><br />"As a general principle the Department of Education has taken the position that (the complaining parent doesn't) waive FERPA implicitly by (the complaining parent's) behavior. <br /><br />"(On the contrary, the complaining parent) waive(s) it only by an express written waiver (signed by the parent). I disagree that FERPA should work that way, but the DOE’s opinion is the one that matters, and there’s nothing in the statute that says it’s subject to waiver by (the complaining parent's) conduct, as sensible as that might be.<br /><br />"I love the creativity of the First Amendment argument and I’d gladly try it in court myself someday, but I know of nothing in the current court interpretations or DOE interpretations that would suggest (that a school official), in defending (his conduct / her conduct / the school's conduct) on a matter that’s been publicized in the media gives (the school official) a heightened First Amendment right that overrides the statute (protecting a child's or student's right to privacy, and preventing a school official from revealing a child's or student's personal information)."<br />----------------------------------<br /><br />But yeah, you're right that LeMonte says that, even though Eva is technically in the wrong, it's unlikely she'll face any negative sanction for her behavior, and LeMonte supports that outcome.<br /><br />---------------------<br />LEMONTE:<br /><br />"All that being said, absolutely nothing is going to happen to Success Academies, just as nothing has ever happened to any other school in the 41-year history of FERPA. Despite all of the overblown nonsense from schools, any time that a reporter asks for a public record, the facts are that<br /><br />" (1) no one has ever been fined a penny for being a FERPA violator <br /><br />"and <br /><br />"(2) DOE rules provide that, if you are found to be in violation, all that happens is that you receive a warning letter telling you not to do it again. You can suffer financial sanctions only for a pattern or policy of failing to secure student records, and. of course, no school has such a policy."<br /><br />"A one-off disclosure will never result in punishment. (I should add that this addresses only federal privacy law, and it’s always possible that there’s an overlay of state privacy law as well....) ( that's LeMonte's parenthetical, not mine.. JACK)"<br />------------------------------<br /><br />Of course, that's unless some official, or more likely, some judge uses this case to set a precedent, so as to establish the principle, and establish it firmly, that school a school official's duty to protect a child's privacy is absolute. Fining Eva would make that point, and deter others from repeating her fury-filled folly in the future (... a lot of alliteration from a careful commenter placing a particular post ... that's from Albert Brooks in BROADCAST NEWS)<br />Anonymoushttps://www.blogger.com/profile/16911854468188214107noreply@blogger.comtag:blogger.com,1999:blog-6534665086749553287.post-19913381611661070392015-10-24T09:27:09.022-04:002015-10-24T09:27:09.022-04:00I'm going to get a little more nit-picky here....I'm going to get a little more nit-picky here.<br /><br />I would add a question mark to the second sentence of tenth paragraph:<br /><br />"If I were a parent looking at Success Academy, I would have to ask myself-- what information would the school collect about me and my child, and under what circumstances would Moskowitz violate my confidentiality to use the information (and would she go so far as to claim it was her constitutional right to do so)?"<br /><br />hope this helps... or doesn't come off as condescending ;-)Anonymoushttps://www.blogger.com/profile/16911854468188214107noreply@blogger.comtag:blogger.com,1999:blog-6534665086749553287.post-21452779200837317492015-10-24T09:22:50.363-04:002015-10-24T09:22:50.363-04:00one more thing...
I would re-write the last sente...one more thing...<br /><br />I would re-write the last sentence of the seventh paragraph thusly:<br /><br />"Moskowitz's letter does not show THAT MOSKOWITZ HAS the slightest inkling that she is over the line."<br /><br />... or perhaps ...<br /><br />"Moskowitz's letter does not show the slightest inkling that MOSKOWITZ BELIEVES THAT she is over the line."<br /><br />without the CAPITALS, of course.<br /><br />Anonymoushttps://www.blogger.com/profile/16911854468188214107noreply@blogger.comtag:blogger.com,1999:blog-6534665086749553287.post-74851667577401965912015-10-24T09:17:24.851-04:002015-10-24T09:17:24.851-04:00Yeah, she threw a ten-year-old under the bus, but ...Yeah, she threw a ten-year-old under the bus, but it's worse than that. She's revealing private information things that he allegedly did when he was five- and six-years-old.Anonymoushttps://www.blogger.com/profile/16911854468188214107noreply@blogger.com