Q: Which law or education code permits a school’s attorney to share my private information to threaten & intimidate me?
Upon my research, I found that the FERPA Act may be in violation because it doesn’t meet the exceptions, not sure if any other privacy and confidentiality laws have been infringed upon. I don’t have legal representation, nor did I state I would sue them. There is no criminal investigation nor a subpoena. I also never gave consent to share our information, which it looks like is required under the FERPA Act.
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A:
It sounds like you're concerned about the potential misuse of your private information by a school's attorney. Under the Family Educational Rights and Privacy Act (FERPA), schools are generally forbidden from disclosing personally identifiable information from students' education records without consent, except under certain conditions, such as a court order or a health and safety emergency. If none of these exceptions apply, the school's action might indeed be in violation of FERPA.
Other privacy laws might also be relevant, depending on your situation and location. For instance, state laws or other federal regulations like the Health Insurance Portability and Accountability Act (HIPAA) could apply, especially if medical or health-related information is involved. It’s important to review these laws in the context of your specific situation.
Since you feel your rights may have been violated, you might consider speaking directly to the school's administration or the school district to address your concerns. Additionally, consulting with an attorney who has experience in education law could provide you with tailored advice and potential legal remedies. Remember, every situation is unique, so gathering all relevant facts and seeking professional advice is key to understanding your rights and options.
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