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San Diego Unified School District Superintendent Cindy Marten, San Diego Unified Superintendent Cindy Marten Investigates Herself, SDUSD Trustee Marne Foster
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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A FERPA lawsuit by Foster will be thrown out if filed in federal court under 42 U.S.C. Section 1983. It should be thrown out in a San Diego Superior court BUT with the blood thirsty feeding frenzy that is about to begin over Marne Foster and this criminal minded Board of Education, a judge might actually entertain a lawsuit of that nature so that money can be spent on litigation.
WHY is everybody pussyfooting around the Foster CRIMES and WHY are law enforcement agencies not taking any actions?? WHAT exactly makes it so hard for this particular Board of Education to be REMOVED?? Is John Lee Evan using mass hypnosis on San Diego Unified School District stakeholders? After all, he stated and did state categorically that ALL THESE (i.e., the investigations by the media) are a “side show.”
Seriously, Foster should be long gone by now. The School Board does not take this long to remove SDUSD staff. The normally send the SDUSD police and another staff (administrator) to ask you to turn in the keys and vamoose the premises NEVER to step foot on any SDUSD site.
WHY can’t we just ask this Board of Education trustees to turn in their keys and VAMOOSE and NEVER step on any SDUSD site???
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I agree with what you say Cornelius and have read your statements about Foster…but don’t forget to include the guilt of Marten in all your comments.
Marten CAN be fired immediately and deserves to be for for her improper actions.
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Frank, as you know, I am African American and I am VERY disappointed with Foster from that perspective because she has caused the African American community in San Diego egregious harm. One that will have damaging impacts YEARS after she’s no longer trustee.
I have also grown to be quite disappointed with Marten especially in light of what I was and have been subjected to at SDUSD, which may or may not become public knowledge. Marten, personally sanctioned the horrific things I went through according to Jose Gonzales the HR lawyer at SDUSD.
That being said, Marten with her lack of experience and all, HAD a great deal of change and transformation potential . . . she was compromised by the evil machinations inherent in this present Board as a whole and its individual members.
Bottom line, if Foster goes, the rest of the trustees should go . . . Marten will have no choice but go too. I would rather see an easy transition like that without much hemorrhaging of the scarce financial resources of SDUSD.
Yes, Frank, I acknowledge Marten’s complicity in the fiasco brewing at SDUSD. 🙂
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Marten and a host of others!
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You are so right! Thanks!!!!
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