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Re: Freedom of Information Act



Ronnie,
We're working through this question right now at Madeira.  It's gone to our
attorneys.  As we understand it, private schools that do not accept federal
funding are not subject to freedom of information or privacy act provisions
(FERPA) and may set the parameters for what records may or may not be seen
by students/alumnae.  The student should be told when she and her parents
sign their contracts what information will be available to her - and she
must sign a waiver about use of her photograph in school publications.

There is usually no reason why a student can't see her official transcript -
she's already seen it and teachers' comments.  Personally, I worry about
confidential papers in discipline cases that have ended up in the archives.
Although no one may use Madeira's school records without express permission
of the Head, I worry that someone may try to gain access to these restricted
records by legal means.  Assuming the school's attorney has copies of these
documents, I would prefer to destroy our files.  Then, we would be protected
by lawyer/client confidentiality.

This is a tricky and complicated issue - you may have to look up New York
State privacy laws.

Martha Andrews
Archivist
The Kathleen Galvin Johnson '53 Archives
The Madeira School
8328 Georgetown Pike
McLean, Virginia 22102
703-556-8348
703-790-9653 (fax)



-----Original Message-----
From: Veronica Cunningham [mailto:vcunning@EMMA.TROY.NY.US]
Sent: Monday, April 03, 2000 9:04 AM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: Freedom of Information Act


This may be a silly question, but, do alumnae of a private institution have
a right to see their files on request?

I've been told not, but I have a sneaking suspicion that that may not be
correct.

As you have always come to my rescue in the past, I'm throwing myself upon
your collective wisdom.

Thank you,

Ronnie C

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