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Cindy…We Didn’t Mean PRIVATE FERPA Pertinent Information!

Supt. Cindy Marten even has a difficult time INVESTIGATING HERSELF!

District Deeds has discovered and been told by multiple sources that the so-called Marten “data dump” that accompanied her weak alibi for violating SDUSD Board Bylaws included the name of Marne Foster’s son!

Did Foster’s son give Marten and the SDUSD permission to do so?

DOUBTFUL, or else ALL the other redactions in the documents referring to him would have been legible.

This Marten BLUNDER, besides potentially violating the privacy rights of the SCPA educators that were named, may ALSO have violated the FERPA rights of Marne Foster’s son!

According to NACE – The National Associations of Colleges and Employers  “FERPA Primer – The Basics and Beyond”:

FERPA prohibits the disclosure of a student’s “protected information” to a third party. This disclosure is prohibited whether it is made by hand delivery, verbally, fax, mail, or electronic transmission. Disclosure also includes the provision of access to the educational institution’s career center database of student resumes.

For purposes of FERPA, a “third party” includes any individual or organization other than the student or the student’s parent(s). With respect to third parties, even if the initial disclosure of protected information is permissible, FERPA limits the subsequent disclosure of the information by the third party. As such, once an educational institution discloses protected information to a third party, it must ensure that the third party does not itself improperly disclose the information in violation of FERPA.

According to this explanation, Marten and the SDUSD disclosed the private information of Foster’s son to MILLIONS of individuals and “must ensure” that NONE of them pass it on to anyone else!

I’d hate to be the “staff” in the SDUSD that Marten assigns that job!

The repercussions of FERPA, again from NACE – The National Associations of Colleges and Employers  “FERPA Primer – The Basics and Beyond”:

Penalty for Noncompliance”

 “Complaints, however, may be filed with the Department of Education, which will investigate all issues. An educational institution that fails to comply with FERPA may forfeit its federal funding. It should be noted, however, that some states allow for monetary damages for the disclosure of private information. 

So Supt. Marten’s BLUNDER could cost the SDUSD Federal Funding AND MONETARY DAMAGES!

District Deeds has been very careful NOT to post the name of Marne Foster’s son on this blog even though it is relatively common knowledge due to the Tuition Fundraiser Payoff advertisement.  Marten has now allowed the POSTING of his name on confidential records in the documents she provided here: 9-29-15 Cindy Marten SCPA Support Documentation

District Deeds IS NOT going to point out the name of Foster’s son in the document…you will have to look for yourselves.

The violation claim against Marten and the SDUSD would be made by Marne’s son…maybe he can get his tuition paid for after all because of the incompetent Marten!!

How ironic!

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