Ferpa Violation On Dating App

If a teacher said this on a dating website (Bumble) to a complete stranger, does it constitute a FERPA violation? Getting ready to teach a student on Zoom. He's got Duchenne's muscular dystrophy and cannot attend a traditional school. He's a sweetheart, he's in 8th grade but I've had him since he was in 2nd grade. Not sure if I told you I'm a special education teacher. I teach him Monday through Thursday nights. A How was your Zoom class? I think maybe I shared too much with you. I feel very judged even though you don't know all the facts, which honestly I don't want to share. Funny you think I did a "number" on him, I see it differently. Class was good, the student is a great kid and a total smartass which I admire. He doesn't have much range of motion with his hands but he can draw with the computer add one with the program we use. I let him, it's usually Sonic or SpongeBob. I got his family (lots of siblings) cool art markers and a few books of heavyweight art paper.

How would the SPPO view it? The school district denies it.

This took place in Palm Springs, CA

Here, a letter I sent the school board and their response.

Here is the letter originally sent the school board. Dear Ms. Gerrell, I am writing to formally request an independent review of the Palm Springs Unified School District's handling of a complaint I filed concerning serious violations of the Family Educational Rights and Privacy Act (FERPA), as well as related misconduct by district officials and an employee, Ms. Stacy Brennan. The issues at hand extend beyond FERPA violations and include unauthorized communication with my son, potential stalking facilitated by Mrs. Brennan, and subsequent actions by the district that have caused considerable distress to myself and the possibility of harm to the family of the affected student. Summary of Concerns: *. Unauthorized Communication with My Son (January - April *): By her own admission, as evidenced in Bumble Snippets #* and Email Exchanges #* and #*, despite having no parental rights or visitation privileges, Ms. Brennan continued to communicate with my son, Aiden, against my explicit wishes from January until April *. During this period, I sought assistance from the district, only to have my concerns dismissed by Dr. Tony Signoret, who was then Assistant Superintendent of Human Resources. This unauthorized contact not only disregarded my parental rights but also put my son at risk of emotional harm and eventually potential physical risk. *. FERPA Violations and Disclosure of Sensitive Information: As evidenced in Bumble Snippets #*, in January *, Ms. Brennan shared sensitive and confidential information about a special education student, along with details about my son, and discriminatory details about me she admitted were untruthful on a public platform (the dating site Bumble). These disclosures were a clear violation of FERPA, and the casual manner in which this information was shared is deeply troubling. The impact of these actions on the affected student and my family cannot be overstated, and it raises serious ethical and legal concerns. *. Facilitation of Stalking and Potential Danger: As evidenced in Email Exchange #*, the information Ms. Brennan disclosed made it alarmingly easy for a third party to locate her, in turn me, and potentially my son. The email exchange further states how I became in possession of the Bumble conversations. This situation led to stalking behaviors to both Mrs. Brennan and myself, including this third party posting details of the FERPA violations on state and district websites I assisted in getting removed. This caused me great emotional distress and a state of heightened vigilance. Despite raising these concerns, the district has failed to take adequate action to address concerns, underscoring a severe lack of regard for my family's safety. *. District's Mishandling and Inadequate Response: Communication with Mr. Hill and Dr. Signoret has revealed significant discrepancies and delays in the district’s response to my complaints. Notably, the district initially dismissed my concerns and conducted a rushed and superficial investigation, proven by the district having to post an amended Notice of Decision when it was pointed out that Mr. Hill had conflated separate events and stated one happened nearly ten months before it actually had. The lack of thoroughness in their response raises questions about the integrity of the process and the possibility of an attempt to minimize the seriousness of the issues. *. Pressure to File a Restraining Order: As evidenced in Email Exchange #*, I have been informed by Ms. Brennan that the district pressured her to file a restraining order against me when I stated my initial concerns in April *. A move that, I believe, was intended to discredit my legitimate concerns and shift blame away from the district’s failures. This action has only served to exacerbate the situation and further erode my trust in the district’s leadership. *. Possible Legal Violations and Consideration of Legal Action: Given the gravity of the situation, I have referred the matter to the California Attorney General's Office for review under Section * of the California Penal Code, which deals with false or forged documents, concerning the Notice of Decision. Additionally, I am considering legal action against the district for its mishandling of this situation and the undue stress it has caused my family. I have also filed a UCP complaint with the CDE that was unable to be investigated based on me not being the parent of the student whose FERPA rights were violated and my personal complaint not deemed within the scope of UCP investigation. I also filed a third-party complaint with the SPPO and a complaint with the OCR. All of which are attached. Upon further consideration, I have also decided to file a complaint with the CTC. *. Broader Concerns: My concerns extend beyond the specific incidents involving Ms. Brennan. Her actions, coupled with the district's inadequate response, reflect systemic failures that need to be addressed. I am deeply concerned about the impact this has on the trust parents place in the district, its educators, and the education system as a whole. Formal Requests: - Independent Review: I request that the School Board commission an independent investigation into the district’s handling of my complaint, with a specific focus on the roles played by Mr. Hill and Dr. Signoret. This review should be conducted by an external party to ensure impartiality and transparency. - Formal Apologies: I ask that formal written apologies be issued to both myself and the family of the student whose privacy was violated by Ms. Brennan. These apologies should acknowledge the harm caused by the unauthorized disclosures and the district’s subsequent mishandling of the situation. - Corrective Actions: The district should outline the steps it will take to prevent such incidents in the future, including reviewing its policies on FERPA compliance, staff conduct, and the handling of complaints. I trust that the School Board will treat these matters with the seriousness they deserve and take prompt action to address these concerns. My family and I have been deeply affected by these events, and we seek resolution, accountability, and assurance that such misconduct will not be tolerated within the district. I have attached the relevant email communications as evidence to support my claims. I urge the board to consider the gravity of this situation and the potential consequences of inaction. I am prepared to take further legal action if necessary to ensure justice is served and systemic change is implemented. Thank you for your immediate attention to this urgent matter. Sincerely,

Here is the district response. AT K I N S O N , AN D E L S O N , LO Y A , RU U D & RO M O C E R R I T O S (*) *-* F R E S N O (*) *-* I R V I N E (*) *-* M A R I N (*) *-* A P R O F E S S I O N A L L A W C O R P O R A T I O N A T TO R N E YS A T LA W * L E M O N ST R E E T , SU I T E * RIVERSIDE, CALIFORNIA *-* (*) *-* FAX (*) *-* WWW.AALRR.COM P A S A D E N A (*) *-* P L E A S A N T O N (*) *-* S A C R A M E N T O (*) *-* S A N D I E G O (*) *-* *.*/*.* August *, * VIA EMAIL Ryan Carson ryancarson@outlook.com Re: Palm Springs Unified School District Dear Mr. Carson, My name is William Diedrich and my firm represents the Palm Springs Unified School District. We have been asked to respond to your email of August *, *, directed toward the Governing Board. Your email seeks the following: I am writing to formally request an independent review of the Palm Springs Unified School District's handling of a complaint I filed concerning serious violations of the Family Educational Rights and Privacy Act (FERPA), as well as related misconduct by district officials and an employee, Ms. Stacy Brennan. The issues at hand extend beyond FERPA violations and include unauthorized communication with my son, potential stalking facilitated by Mrs. Brennan, and subsequent actions by the district that have caused considerable distress to myself and the possibility of harm to the family of the affected student. In reviewing the considerable correspondence between you and the District, it is clear that the District has addressed your concerns. When the issue first arose in April *, the District investigated and took appropriate action. In May *, you again began corresponding with the District, primarily with Assistant Superintendent of Human Resources, Clayton Hill. Acting as the Superintendent’s designee, Mr. Hill explained that an investigation regarding your complaint was completed, but he invited you to provide any new facts or circumstances that could result in a new complaint. It should be noted that when Mr. Hill asked you to speak with him concerning any potential new allegations, you repeatedly refused this request. Notwithstanding, the District investigated an additional concern and provided you with an Amended Notice of Decision on June *, *. The Amended Notice of Decision invited you to appeal the decision if you disagreed with the findings. Your August *, *, email will be treated as an appeal to the Governing Board, who will consider the matter at its September *, * meeting. A copy of Administrative Regulation *.* is attached to this correspondence for your review. Please note that the Board’s decision in this matter will be final. It also bears noting that your allegations concerning “serious violations of the Family Educational Rights and Privacy Act (FERPA)” are invalid. As you are aware, at no time did Ms. Brennan reveal the identity of the student to whom she was referring. Accordingly, there is no violation of FERPA. Additionally, your allegation that the District “pressured” Ms. Brennan to file a restraining order is untrue. At no time did the District pressure Ms. Brennan to seek a restraining order against you. In fact, until you raised this issue in your May * email, the District was unaware of any restraining order being sought, nor were they aware of any resulting decision concerning the restraining order. Your allegations concerning California Penal Code section * are unavailing. That statute states in pertinent part: Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. Recording a false or forged instrument is not actionable, pursuant to Penal Code Section *, if the instrument was not legally entitled to be recorded. (People v. Hassan (*) * Cal.App.4th *, *.) Here, the Notice of Decision issued regarding your complaint is not “entitled to be filed” and, therefore, Penal Code section * does not apply. Even if the Notice of Decision was entitled to be recorded, which it is not, there is still no violation of Penal Code section *. The statute refers to the knowingly offering of a false or forged document. Based on the email correspondence, any date discrepancy in the first Notice of Decision was inadvertent. The District notes that you have stated you filed a “UCP Complaint with the CDE.” You further indicate you have filed a third-party complaint with the Student Privacy Policy Office and a complaint with the Office of Civil Rights. As has been previously explained to you, the District will cooperate with any investigating agency concerning your complaints. Sincerely, ATKINSON, ANDELSON, LOYA, RUUD & ROMO William A. Diedrich William A. Dietrich cc: Clayton Hill, Assistant Superintendent of Human Resources

Is this an adequate response? Mr. Diedrich, Thank you for your letter dated August *, *, regarding my complaint to the Palm Springs Unified School District. I appreciate your confirmation that my August * email will be treated as an appeal to the Governing Board, to be considered at the September *, *, meeting. I must, however, express my concern regarding the district's handling of my complaint thus far. It appears that the district is attempting to downplay the seriousness of the issues I've raised. The fact that your response was directed to the email address I used solely for communication with Mr. Hill, rather than the one I used to contact the school board directly, suggests an unwillingness to address my concerns transparently and at the appropriate level. In reviewing the district's investigation, I noticed several glaring discrepancies between the original and amended Notices of Decision I received. For example, the timeline of Ms. Brennan's actions was altered between the two versions, without any explanation provided. These inconsistencies raise significant questions about the accuracy and reliability of the district's findings and the integrity of its investigation. These inconsistencies appear to be more than inadvertent errors. While you dispute the FERPA violation claims, I maintain that the disclosure of sensitive information about a student, even without explicitly naming them, can constitute a violation when the student is identifiable from context. Personally identifiable details about the student, including his specific medical condition, grade level, the grade level Ms. Brennan has taught him since, and personal details about both the student's personality and family were disclosed. It was also disclosed that Ms. Brennan was a Special Education Teacher in the district. The combination of details could allow the student to be identified, in violation of his privacy rights under FERPA. Additionally, I must highlight a critical detail: Ms. Brennan explicitly stated in her communication with me that the district suggested she file a restraining order against me. This directly contradicts the district's position and raises questions about the integrity of the handling of my case. I appreciate your acknowledgment of my ongoing complaints with the CDE, SPPO, and OCR. I remain committed to seeing these processes through to their conclusion. Furthermore, in light of the district's response and handling of this matter, I will be proceeding with filing a complaint with the California Commission on Teacher Credentialing (CTC). Regarding the Governing Board meeting on September *, please provide details on how I can present my case directly to the Board. A previously undisclosed reason I was unable to meet with Mr. Hill in person and will not be able to attend the Governing Board meeting is due to a serious medical condition. I am suffering from severe Pulmonary Embolisms. However, my health condition should not have impacted the district's responsiveness to my concerns, as my request to maintain written communication was reasonable and appropriate in this situation. Written communication eliminates the risk of misinterpreting or misremembering what was said, which can often occur in verbal conversations. Given the misinterpretations and contradictions already present in Mr. Hill's responses, verbal communication, which is inherently more transient and prone to misinterpretation, would have only exacerbated the issue. Moreover, I disagree with the assertion that I neglected to communicate with Mr. Hill. He even stated how much written communication he had participated in. In one such email, I even stated “instead of an in-person meeting, I propose we create a focused, written exchange to ensure clarity and understanding.” I then went on to detail what that would entail to which Mr. Hill never responded. Subsequently, I request a written response detailing the Board's decision and reasoning following the September * meeting. Lastly, I believe there is a significant public interest in this matter, and I intend to share both my original letter to the school board and your response with [Name], a local television reporter who has previously investigated matters related to the district. I have reattached the specific evidence pertinent to the issues discussed here to ensure both you and the Governing Board have a full understanding of the situation. If, for any reason, you do not have the complete set of evidence I previously sent to the board, please let me know, and I will be happy to provide it. I look forward to the Governing Board's consideration of my appeal on September * and hope for a resolution that adequately addresses the serious concerns I've raised. Sincerely,

A formal third party reporting complaint was filed with the SPPO. Dear Family Policy Compliance Office, I am writing to file a third-party complaint under the Family Educational Rights and Privacy Act (FERPA) (* U.S.C. § 1232g; * CFR Part *) against Palm Springs Unified School District (PSUSD). As per * CFR § *.*, the FPCO has the authority to investigate "any alleged violation" of FERPA requirements, including those reported by third parties. Complainant Information: Ryan Carson * E South Fork Dr., Phoenix, AZ * ryan@wbmpros.com | (*) *-* Agency Allegedly Violating FERPA: Palm Springs Unified School District * S Farrell Dr, Palm Springs, CA * Details of FERPA Violation: In January *, a PSUSD special education teacher disclosed confidential student information on the dating app Bumble, violating FERPA's prohibition on unauthorized disclosure of personally identifiable information (PII) under * CFR § *.*(a)(*). The teacher revealed: Student has Duchenne's Muscular Dystrophy, cannot attend traditional school Student is in 8th grade, teacher has worked with him since 2nd grade Personal observations about student's character ("smartass") Details about student's family (lots of siblings) Student's physical limitations and educational tools used Student's educational schedule (Monday-Thursday nights) This disclosure violates FERPA's protection of "education records" under * CFR § *.*, which includes personal characteristics, health data, and schedules. Evidence of Violation: Teacher's admission via email on January *, * Transcripts of Bumble conversations Text messages between complainant and teacher (Jan *-*, *) PSUSD's Inadequate Response: Initially claimed inability to remove Facebook posts about the disclosure Told teacher it was her "personal life" Investigation in May * ignored key facts, found no systemic issues Proposed Remedies: Full PSUSD FERPA compliance investigation Mandatory FERPA training for all staff Revised policies on educator conduct Public apology to student's family Removal of responsible administrators While I do not have the student's full name or address as a third party, FERPA regulations allow the FPCO to investigate any alleged violation. I have substantial evidence of PSUSD's unauthorized disclosure and inadequate response. Upon request, I can provide unredacted evidence. Thank you for considering this third-party complaint. Sincerely, What is likely?