THE OFFICE OF THE GENERAL COUNSEL

160 S. Hollywood Street Memphis, TN 38112 (901) 416-6370 Fax (901) 416-6374 www.scsk12.org

Jennifer L. Ervin, Esq.

Deputy General Counsel
August 10, 2017

VIA ELECTRONIC MAIL

Megan Quaile, Ed.D.
mquaile@greendot.org
Chief Growth Officer
Executive Director, GDPS Tennessee

Re: July 6, 2017 Request for Student Information Pursuant to T.C.A. 49-13-132

Dr. Quaile:

We have received your email dated July 6, 2017, requesting that Shelby County Schools
(SCS) provide you with student information required by T.C.A. 49-13-132 within thirty (30) days
of [SCSs] receipt of [the] letter. While 49-13-132 appears to have been repealed in 2011 and
would, therefore, not require such disclosures, your request that the information be provided at no
cost and in accordance with T.C.A. 10-7-504 and the Family Educational Rights and Privacy Act
(FERPA), compiled at 20 U.S.C. 1232g indicate that your request is being made pursuant to the
recently enacted amendment to Title 49, Chapter 13 of the Tennessee Code Annotated. For the
reasons provided below, SCS denies your request.

First, the plain language of the new provision requires that disclosures of certain student
information be made in accordance with 10-7-504 and the Family Educational Rights and Privacy
Act (FERPA), compiled at 20 U.S.C. 1232g. As you are aware, FERPA, which school districts like
SCS are subject to, is the federal law that protects the privacy of parents and students with respect to
the disclosure of information contained in a students records and education records.

One of FERPAs key requirements is that school districts have written permission from a
students parent(s) before releasing personally identifiable information from a student's education
record to third parties. 34 CFR 99.30. However, prior written parental consent is not required for
the disclosure of personally identifiable information that a school district has affirmatively
designated as directory information. See 34 CFR 99.31(a)(11). Further, [w]hen an educational
agency specifies that disclosure of directory information will be limited to specific parties, for
specific purposes, or both, the educational agency or institution must limit its directory information
disclosures to those specified in its public notice. See 34 CFR 99.37(d).

Here, SCS has specified, in relevant part, through Board Policy No. 6003 that the parents or
guardians of SCS students [have] the right to inspect and review any method used for the collection,

Shelby County Schools offers educational and employment opportunities without regard to race, color, religion, sex, creed, ag e, disability, national origin, or genetic information.
 August 10, 2017
Megan Quaile, Ed.D.
Page 2

disclosure, or use of personal information collected from students for the purpose of marketing or
for selling that information (or otherwise providing that information to others for that purpose) .
The identities of any such SCS students participating in such activities shall be kept anonymous. You
have requested that SCS disclose directory information which will be used for marketing purposes.
Under SCS Board Policy, which FERPA requires SCS to follow in this instance, such information is not
disclosable for such purposes. Therefore, under the new provision, such a disclosure would not be
in accordance with ... [FERPA].

Finally, the plain language of the new provision also provides that the described disclosures
be made in response to requests from a chartering authority or a public charter school approved
to operate one (1) or more schools in the district. Under Tennessees charter school law, Green Dot
Public Schools, a non-profit charter management organization, does not fall within the purview of the
newly enacted amendment. Therefore, even if FERPA permitted SCS to provide GDPS with the
requested information, the new provision would not.

Thank you, and cheers to a new and exciting school year!

Very truly yours,

Jennifer L. Ervin, Esq.

Deputy General Counsel

cc: Dorsey E. Hopson II, Superintendent

Rodney G. Moore, General Counsel and Chief Legal Officer
William E. White II, Director of Planning and Accountability

Shelby County Schools offers educational and employment opportunities without regard to race, color, religion, sex, creed, ag e, disability, national origin, or genetic information.