Education boss warns that pizza parties break law
By Molly Bloom | Friday, October 10, 2008, 12:30 PM
Texas Education Commissioner Robert Scott reminded school superintendents in a Sunday letter that rewarding students who passed the TAKS publicly by giving them cash, pizza parties or field trips could violate federal privacy laws:
While I understand that such motivational efforts are based upon a genuine concern for students, honoring students who meet the passing standard on the test may unintentionally identify students who did not meet the standard, negatively impacting them. Students' educational records, including performance on state assessments, are confidential records that must be protected in accordance with both state and federal laws (Texas Education Code, §30.030(b); Family Educational Rights and Privacy Act, 20 U.S.C. §1232g). Districts and campuses that use the results of student performance on state assessments in such a way as to disclose the identities of particular students or to identify which students met the passing standard on the state assessments and which did not could be violating these laws.
Consistent with the Family Education Rights and Privacy Act, a district may in some circumstances publicly recognize students who achieve the commended level of performance on assessments. However, the district must comply with the process to identify commended performance as an academic honor within the federal definition of "directory information," including an opportunity for parents to opt out of that disclosure.
To avoid any possible violation of laws protecting the confidentiality of students' educational records or appearance of impropriety, the Texas Education Agency encourages districts to develop and adopt local policies that specifically address this issue. Such action would be in the best interests of school districts, campuses, and the students of Texas. If you have any questions about the information contained in this letter, please contact Montgomery Meitler in the Legal Services Division at 512-463-9720.
This isn't a new policy. Former education commissioner Jim Nelsonreminded schools about it back in 2001.
Texas Education Agency spokeswoman Debbie Ratcliffe said today that federal student privacy law applies equally to students who pass the TAKS and those who don't
"It's not just that you've identified who failed the test," she said. "It's equally a violation if you publicize who passed the test. But the reality is that parents don't generally complain if you publicize that (students) passed the test."
I know that many Austin schools give prizes for attendance and celebrate students who receive "commended" TAKS awards at assemblies. But I haven't heard of any school-wide pizza parties to which only TAKS passers are invited. Have you? If so, leave a comment, or give me a call at 445-3620.
