VSP says BFA hindered police investigation

[BFA Principal Clark]

I am making this post in regards to the recent news that BFA hindered a police investigation.  To start, I want to be very clear that BFA and FWSU will always cooperate with police in any and every investigation. However, we cannot simply turn over student records by request without a subpoena.  With agreement from our attorney, we believed that if we did just hand over the tape referenced in the news, we would be in violation of Family Rights and Policy Act (FERPA). FERPA, a federal law, mandates that it is the schools responsibility to ensure students’ personal information is properly safeguarded.
 
To reiterate, the VSP asked for this information without a subpoena.  We asked that they provide one, we believed this to be a relatively easy thing to do, and we would have obviously complied. The VSP informed us they believed the records are exempted under the juvenile justice exception to FERPA.  However, it was the opinion of our attorney that the exception applies to requests from the juvenile justice system, not the police. Instead of subpoenaing the records, the VSP chose to acquire a search warrant and bring four officers to the school per their policy. When they arrived we immediately made a copy of the tape for them. Just as we would have, had we received a subpoena earlier in the week. The incident in question was reported to the police on May 25th. The search warrant was executed on June 3.
 
In conclusion, I want to definitively state that we support the Vermont State Troopers. We know their jobs are very difficult. We never want to make them more difficult, but the school, based on counsel from our attorney, is legally required to follow FERPA.
 
Ned Kirsch
Superintendent

Michael Clark
Principal

[mary]

Mr. Clark: Thank you for approaching the issue conservatively. It safeguards both your students and the Town.  Well done. 

[Mummy]

Sounds like the BFA Fairfax Bus Driver thing all over again!  Depends on who it is ... before the School will involve outside help!  Perhaps this will change sometime in the future.

[monte198]

Not to go in the wrong direction but my time spent in law school is that FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Does not include withholding video surveillance of a public building as it is not a education record.

While reading this post it seems that BFA does have issues with Marijuana which it had when i attended.  I would like to know what the school thought of a School Resource Officer, a liaison postion with full law enforcement abilities to be stationed at the school.

[mirjo]

Interesting, the most glaring question (in my opinion), "Who called the police and why?" wasn't even addressed by the powers that be. It's not a confidential matter at this point, since it's been in the paper and on the 6p news and anyone with a HS student knows the names of the girls involved.

I may be passing unfair judgment, but it seems that hiding behind the murky legalities of a Federal acronym is code for:  We can't (or won't) handle the students ourselves.

Which is ridiculous, unless there were weapons or drugs involved. why the VSP and not the Sheriff who covers the town? There is so much not being said that could be said from BFA and the SU that doesn't require disclosing names, which is confidential information.

[Stand Alone Defense]

How is a Video taken in a public place funded by public tax dollars in any way Private?  This video has nothing to do with the student’s records it is a video tape from a public lobby in a public building.  Going to have to go with poor judgment on the schools part for this one.

Still how the police even became involved at all confuses me, but in any case good work VSP.

[mkr]

It sounds like Mr. Clark did what he was advised to do by the attorney.  Which now a days is probably the best thing to do so the school does not get in trouble in any way, because if they did then our tax payer dollars would be going to some sue happy parent.  So although I wish the VSP had not been involved, I believe the school did as advised and was not doing it to hinder any investigation.

[Formerflatlander]

I totally agree with you MKR.  Mr. Clark played the cards the way he should.  Like you said the lawyers fees and court time from a sue happy parent would have cost us all a LOT more.  It looks like both parties did what they were supposed to do in this instance.

[Stand Alone Defense]

Just to be clear, my previous comment of bad judgement being used was in no way directed at Mr. Clark.  I know that Mr. Clark was doing what he was advised to do by the SU's Lawyer which is what he should do.  I just think that the Lawyer might have misread or misunderstood the statute as it only pertains to "Academic" recrods which this clearly isn't. Hopefully it all works out though and the Conflict has been resolved.

[7F24]

What I find interesting about this whole thing is that fighting wasn't thought of as a big deal when I was a kid, but it IS a big deal now.   No one has the right to hit anyone.  I'm glad the police are involved, makes you think twice before taking a swing at someone.

[Shadylane08]

Whats too bad is back in the day you thought about your actions before you did it so it wouldn't lead to a fight.  Now a days kids don't think about there actions, a fight starts and how is their leason taught? by a lawsuit! or threat of a lawsuit!

It wasn't that long ago when I was in school that you did something wrong, or said something you shouldn't have and it was taken care of between the two people and nothing was said about it after.  Or the faculty at the school had a little more control over students.  I remember in elementary school getting caught throwing peas in the cafeteria and the principal at the time putting me up against the wall by my collar!  Leason learned!  I never threw peas again!  I actually like them now   But you imagine that happening now-a-days?  Its too bad how the way things have changed.

[Mike Raburn]

All PUBLIC, and some PRIVATE, schools in the USA, yes even Alaska, receive FEDERAL funds, and they are mandated to follow the guide lines attached to those funds.

The Principle and Superintendent did the correct thing by consulting legal counsel DESPITE what they knew was correct. CYA.

The issue here is, what the Government attaches to monies and grants to the public education system.

Not the educators of America.

[sdogallen]

Why have principles and superintendants anymore, lets just have the lawyers and judges run the schools.

[Mike Raburn]

Why have principles and superintendants anymore, lets just have the lawyers and judges run the schools.

Amen,,,,,,,,

[al brodeur]

lawyers and judges run the country, and look at the shape its in!