To: Students in History 111 (via BCC)
Re: Midterm Grades
With regard to "midterm grades," I sent some to the QC administration
today. All I did was to send the scores you got on your first two quizzes,
told them to add them together and divide by 80 for some very rough number.
All of you know this already. But as I thought about this mandatory reporting
of grades to the home addresses of students, I began to wonder how this
might be affected by what is called FERPA "The Family Educational
Rights and Privacy Act of 1974" (commonly called the Buckley Amendment)
which was intended to protect the privacy of student records. So I did
a little reading, and what I found led me to thinking about whether this
policy at QC might conflict with the intent of FERPA. In the end, I did
provide the "grades" (as indicated) but I also prefaced the report
to Dean David Stineback with a note. I thought you should know about that.
It's the first thing that follows. After that, if you care to, you can
see how the law is implemented at a dozen other institutions, and after
that two parts of the United States Code (Titles 20 and 26) which constitute
the law itself. This is not an assignment of any sort and what you do with
it is your own business, but you should (in my view) know what your rights
might be. I will leave this online as well, listing it as a link on the
page I've been using to post your assignments, under the list of links
there.
See you next week.
DWC
To: David Stineback, Dean
School of Liberal Arts
Listed here are raw scores for two sections of Hs 111, in the Fall '97
semester. Each of the two quizzes numbered in all fifty m/c questions generated
by the question databank provided by Prentice-Hall for use with their very
widely used Kagan text for Western Civilization. So far, therefore, one
hundred questions have been asked. Column 5 shows the total number each
student answered correctly. Since I drop 20% of the questions, the proper
way to get a very rough approximation of what the numbers mean is to use
the number in column 5 as the numerator and set the denominator as 80 not
100, as in 68/80 (the highest of all scores shown), which would work out
to an 85.
As explained in the syllabus distributed on the first day of classes
(available online at https://members.tripod.com/~Patmos/qc.html),
the quiz scores constitute the basis for 50% of the final grade. Hence
what you see here is only 20% of the total. The math is explained in the
syllabus in some considerable detail.
The students all know these numbers. I have always been prompt in giving
them their graded IBM sheets as soon as I get them back from the computer
center ... sometimes a full week after bringing them in to be scanned.
That is something I used to do on my own when I had access to a simple
machine over in the Nursing Office. The "improvement" of having
them done by someone else at Papale headquarters has made a ten minute
task into an odyssey. Despite assertions to the contrary (which I will
answer elsewhere), my students are always very well aware of their scores
and standing. Giving out raw scores like these serves only wildly to distort
what final grades might look like because student writing has not yet been
factored. Student writing is also being done online, I might add, but plans
to have discussions at NiceNet (http://www.nicenet.org)
have had to be abandoned entirely because of the Papale firewall which
creates chaos out of what is actually a very nice site - except for students
(a minority) who have access to the site without said Papale "Fortress"
firewall.
Finally, I spent several hours today researching FERPA ("The Family
Educational Rights and Privacy Act of 1974" [commonly called the Buckley
Amendment] Public Law 93-380, Section 438. and what I have read causes
me strong reservations about this insistence that scores be sent to their
home addresses. The scores belong to the students, the students know them
already, so what is the purpose? It appears to me to be little more than
an effort to skirt the clear language of the statute, and to provide parents
with a peek at something they are not supposed to see (without providing
written documentation - like tax returns - that their child is a "dependent"
as defined under Title 26 by the IRS). Too, the law requires that all of
the students, and all of the parents, be provided every single year with
detailed explanations of the Title 20 requirements, their rights under
the law, and the way to seek remedy should an institution violate the law,
either intentionally or accidently. The intent of the law is to protect
student privacy, hence if a student does not want this information sent
to his home address in the middle of the semester - even if the address
is to the student and not the parents - then it should not be sent. At
the very least, students should be asked because it is their right to privacy
which may be compromised. That the College Senate did pass this mandatory
mid-term for level 100 courses seems to me a not adequate justification.
There are students on the Senate, I know, but they are a small minority.
Perhaps a better way to get their permission would be to ask them, either
individually, or through their own student government, whether they want
these reports sent home while they (for the most part) are not at home
to get their own mail.
Accordingly, I am providing these scores to you "as is" until
there is some clarification of this matter in writing which goes beyond
the Broker letter citing the College Senate's 1993 action. From that letter
I also gain the impression that the policy was adopted to help just "new
students" and yet the notion that all students in 100 level courses
are "new students" is wildly off the mark. I know that for a
fact. If the purpose is to keep them informed, and to facilitate "academic
advising" perhaps a better way to do so would be to mail these "grades"
directly to the students themselves - not at home where many of them are
not present to see them - but right here at the College via email or the
College post office.
These are issues worthy of attention, I think, and so I will send a
copy of this note (without the grades/scores) to all of my students along
with a good deal of documentation about FERPA, links to the United States
Code, Titles 20 and 26, and other links showing how it is observed at a
dozen other institutions.
Scores followed here ....
All student records are confidential. Here's where you can read about
the mandated annual
notification of students and parents about the law and about your
rights. The twelve listings that follow show how other places deal with
coverage for their students. Finally, there is the US Code itself, parts
of title 20 and 26 which deal with it in great detail.
Alfred
University
North
Carolina State University
Oklahoma
State University
Stanford
University
Suffolk
University
Tulane
University
The
University of Arkansas at Little Rock
The
University of Georgia
The
University of Maryland
The
University of Pittsburgh
The
University of Southern California
Virginia
Tech
- U.S.C. TITLE 20 - EDUCATION
- CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION
- SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS
- Part 4 - Records; Privacy; Limitation on Withholding Federal
Funds
§ 1232g. Family educational and privacy rights
- (a) Conditions for availability of funds to educational agencies or
institutions; inspection and review of education records; specific information
to be made available; procedure for access to education records; reasonableness
of time for such access; hearings; written explanations by parents; definitions
- (1)(A) No funds shall be made available under any applicable program
to any educational agency or institution which has a policy of denying,
or which effectively prevents, the parents of students who are or have
been in attendance at a school of such agency or at such institution, as
the case may be, the right to inspect and review the education records
of their children. If any material or document in the education record
of a student includes information on more than one student, the parents
of one of such students shall have the right to inspect and review only
such part of such material or document as relates to such student or to
be informed of the specific information contained in such part of such
material. Each educational agency or institution shall establish appropriate
procedures for the granting of a request by parents for access to the education
records of their children within a reasonable period of time, but in no
case more than forty-five days after the request has been made.
- (B) No funds under any applicable program shall be made available to
any State educational agency (whether or not that agency is an educational
agency or institution under this section) that has a policy of denying,
or effectively prevents, the parents of students the right to inspect and
review the education records maintained by the State educational agency
on their children who are or have been in attendance at any school of an
educational agency or institution that is subject to the provisions of
this section.
- (C) The first sentence of subparagraph (A) shall not operate to make
available to students in institutions of postsecondary education the following
materials:
- (i) financial records of the parents of the student or any information
contained therein;
- (ii) confidential letters and statements of recommendation, which were
placed in the education records prior to January 1, 1975, if such letters
or statements are not used for purposes other than those for which they
were specifically intended;
- (iii) if the student has signed a waiver of the student's right of
access under this subsection in accordance with subparagraph
- (D), confidential recommendations - (I) respecting admission to any
educational agency or institution, (II) respecting an application for employment,
and (III) respecting the receipt of an honor or honorary recognition. (D)
A student or a person applying for admission may waive his right of access
to confidential statements described in clause (iii) of subparagraph (C),
except that such waiver shall apply to recommendations only if (i) the
student is, upon request, notified of the names of all persons making confidential
recommendations and
- (ii) such recommendations are used solely for the purpose for which
they were specifically intended. Such waivers may not be required as a
condition for admission to, receipt of financial aid from, or receipt of
any other services or benefits from such agency or institution. (2) No
funds shall be made available under any applicable program to any educational
agency or institution unless the parents of students who are or have been
in attendance at a school of such agency or at such institution are provided
an opportunity for a hearing by such agency or institution, in accordance
with regulations of the Secretary, to challenge the content of such student's
education records, in order to insure that the records are not inaccurate,
misleading, or otherwise in violation of the privacy rights of students,
and to provide an opportunity for the correction or deletion of any such
inaccurate, misleading or otherwise inappropriate data contained therein
and to insert into such records a written explanation of the parents respecting
the content of such records.
- (3) For the purposes of this section the term "educational agency
or institution" means any public or private agency or institution
which is the recipient of funds under any applicable program.
- (4)(A) For the purposes of this section, the term "education records"
means, except as may be provided otherwise in subparagraph (B), those records,
files, documents, and other materials which -
- (i) contain information directly related to a student; and
- (ii) are maintained by an educational agency or institution or by a
person acting for such agency or institution.
- (B) The term "education records" does not include -
- (i) records of instructional, supervisory, and administrative personnel
and educational personnel ancillary thereto which are in the sole possession
of the maker thereof and which are not accessible or revealed to any other
person except a substitute;
- (ii) records maintained by a law enforcement unit of the educational
agency or institution that were created by that law enforcement unit for
the purpose of law enforcement;
- (iii) in the case of persons who are employed by an educational agency
or institution but who are not in attendance at such agency or institution,
records made and maintained in the normal course of business which relate
exclusively to such person in that person's capacity as an employee and
are not available for use for any other purpose; or
- (iv) records on a student who is eighteen years of age or older, or
is attending an institution of postsecondary education, which are made
or maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his professional or paraprofessional
capacity, or assisting in that capacity, and which are made, maintained,
or used only in connection with the provision of treatment to the student,
and are not available to anyone other than persons providing such treatment,
except that such records can be personally reviewed by a physician or other
appropriate professional of the student's choice.
- (5)(A) For the purposes of this section the term "directory information"
relating to a student includes the following: the student's name, address,
telephone listing, date and place of birth, major field of study, participation
in officially recognized activities and sports, weight and height of members
of athletic teams, dates of attendance, degrees and awards received, and
the most recent previous educational agency or institution attended by
the student.
- (B) Any educational agency or institution making public directory information
shall give public notice of the categories of information which it has
designated as such information with respect to each student attending the
institution or agency and shall allow a reasonable period of time after
such notice has been given for a parent to inform the institution or agency
that any or all of the information designated should not be released without
the parent's prior consent.
- (6) For the purposes of this section, the term "student"
includes any person with respect to whom an educational agency or institution
maintains education records or personally identifiable information, but
does not include a person who has not been in attendance at such agency
or institution.
- (b) Release of education records; parental consent requirement; exceptions;
compliance with judicial orders and subpoenas; audit and evaluation of
federally-supported education programs; recordkeeping
- (1) No funds shall be made available under any applicable program to
any educational agency or institution which has a policy or practice of
permitting the release of education records (or personally identifiable
information contained therein other than directory information, as defined
in paragraph (5) of subsection (a) of this section) of students without
the written consent of their parents to any individual, agency, or organization,
other than to the following -
- (ii) the entity or persons designated in any other subpoena issued
for a law enforcement purpose, in which case the court or other issuing
agency may order, for good cause shown, the educational agency or institution
(and any officer, director, employee, agent, or attorney for such agency
or institution) on which the subpoena is served, to not disclose to any
person the existence or contents of the subpoena or any information furnished
in response to the subpoena. Nothing in clause (E) of this paragraph shall
prevent a State from further limiting the number or type of State or local
officials who will continue to have access thereunder. (2) No funds shall
be made available under any applicable program to any educational agency
or institution which has a policy or practice of releasing, or providing
access to, any personally identifiable information in education records
other than directory information, or as is permitted under paragraph (1)
of this subsection, unless -
- (A) there is written consent from the student's parents specifying
records to be released, the reasons for such release, and to whom, and
with a copy of the records to be released to the student's parents and
the student if desired by the parents, or
- (B) except as provided in paragraph (1)(J), such information is furnished
in compliance with judicial order, or pursuant to any lawfully issued subpoena,
upon condition that parents and the students are notified of all such orders
or subpoenas in advance of the compliance therewith by the educational
institution or agency.
- (3) Nothing contained in this section shall preclude authorized representatives
of (A) the Comptroller General of the United States, (B) the Secretary,
or (C) State educational authorities from having access to student or other
records which may be necessary in connection with the audit and evaluation
of Federally-supported education programs, or in connection with the enforcement
of the Federal legal requirements which relate to such programs: Provided,
That except when collection of personally identifiable information is specifically
authorized by Federal law, any data collected by such officials shall be
protected in a manner which will not permit the personal identification
of students and their parents by other than those officials, and such personally
identifiable data shall be destroyed when no longer needed for such audit,
evaluation, and enforcement of Federal legal requirements.
- (4)(A) Each educational agency or institution shall maintain a record,
kept with the education records of each student, which will indicate all
individuals (other than those specified in paragraph (1)(A) of this subsection),
agencies, or organizations which have requested or obtained access to a
student's education records maintained by such educational agency or institution,
and which will indicate specifically the legitimate interest that each
such person, agency, or organization has in obtaining this information.
Such record of access shall be available only to parents, to the school
official and his assistants who are responsible for the custody of such
records, and to persons or organizations authorized in, and under the conditions
of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation
of the system.
- (B) With respect to this subsection, personal information shall only
be transferred to a third party on the condition that such party will not
permit any other party to have access to such information without the written
consent of the parents of the student. If a third party outside the educational
agency or institution permits access to information in violation of paragraph
(2)(A), or fails to destroy information in violation of paragraph (1)(F),
the educational agency or institution shall be prohibited from permitting
access to information from education records to that third party for a
period of not less than five years.
- (5) Nothing in this section shall be construed to prohibit State and
local educational officials from having access to student or other records
which may be necessary in connection with the audit and evaluation of any
federally or State supported education program or in connection with the
enforcement of the Federal legal requirements which relate to any such
program, subject to the conditions specified in the proviso in paragraph
(3).
- (6) Nothing in this section shall be construed to prohibit an institution
of postsecondary education from disclosing, to an alleged victim of any
crime of violence (as that term is defined in section 16
of title 18), the results of any disciplinary proceeding conducted by such
institution against the alleged perpetrator of such crime with respect
to such crime.
- (c) Surveys or data-gathering activities; regulations
Not later than 240 days after October 20, 1994, the Secretary shall
adopt appropriate regulations or procedures, or identify existing regulations
or procedures, which protect the rights of privacy of students and their
families in connection with any surveys or data-gathering activities conducted,
assisted, or authorized by the Secretary or an administrative head of an
education agency. Regulations established under this subsection shall include
provisions controlling the use, dissemination, and protection of such data.
No survey or data-gathering activities shall be conducted by the Secretary,
or an administrative head of an education agency under an applicable program,
unless such activities are authorized by law.
- (d) Students' rather than parents' permission or consent
For the purposes of this section, whenever a student has attained eighteen
years of age, or is attending an institution of postsecondary education,
the permission or consent required of and the rights accorded to the parents
of the student shall thereafter only be required of and accorded to the
student.
- (e) Informing parents or students of rights under this section
No funds shall be made available under any applicable program to any
educational agency or institution unless such agency or institution effectively
informs the parents of students, or the students, if they are eighteen
years of age or older, or are attending an institution of postsecondary
education, of the rights accorded them by this section.
- (f) Enforcement; termination of assistance
The Secretary shall take appropriate actions to enforce this section
and to deal with violations of this section, in accordance with this chapter,
except that action to terminate assistance may be taken only if the Secretary
finds there has been a failure to comply with this section, and he has
determined that compliance cannot be secured by voluntary means.
- (g) Office and review board; creation; functions
The Secretary shall establish or designate an office and review board
within the Department for the purpose of investigating, processing, reviewing,
and adjudicating violations of this section and complaints which may be
filed concerning alleged violations of this section. Except for the conduct
of hearings, none of the functions of the Secretary under this section
shall be carried out in any of the regional offices of such Department.
- (h) Disciplinary records; disclosure
Nothing in this section shall prohibit an educational agency or institution
from -
- (1) including appropriate information in the education record of any
student concerning disciplinary action taken against such student for conduct
that posed a significant risk to the safety or well-being of that student,
other students, or other members of the school community; or
- (2) disclosing such information to teachers and school officials, including
teachers and school officials in other schools, who have legitimate educational
interests in the behavior of the student.
- U.S.C. TITLE 26 - INTERNAL REVENUE CODE
- Subtitle A - Income Taxes
- CHAPTER 1 - NORMAL TAXES AND SURTAXES
- Subchapter B - Computation of Taxable Income
- PART V - DEDUCTIONS FOR PERSONAL EXEMPTIONS
§ 152. Dependent defined
- (a) General definition
For purposes of this subtitle, the term "dependent" means
any of the following individuals over half of whose support, for the calendar
year in which the taxable year of the taxpayer begins, was received from
the taxpayer (or is treated under subsection (c) or (e) as received from
the taxpayer):
- (1) A son or daughter of the taxpayer, or a descendant of either,
- (2) A stepson or stepdaughter of the taxpayer,
- (3) A brother, sister, stepbrother, or stepsister of the taxpayer,
- (4) The father or mother of the taxpayer, or an ancestor of either,
- (5) A stepfather or stepmother of the taxpayer,
- (6) A son or daughter of a brother or sister of the taxpayer,
- (7) A brother or sister of the father or mother of the taxpayer,
- (8) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law,
or sister-in-law of the taxpayer, or
- (9) An individual (other than an individual who at any time during
the taxable year was the spouse, determined without regard to section 7703,
of the taxpayer) who, for the taxable year of the taxpayer, has as his
principal place of abode the home of the taxpayer and is a member of the
taxpayer's household.
- (b) Rules relating to general definition
For purposes of this section -
- (1) The terms "brother" and "sister" include a
brother or sister by the halfblood.
- (2) In determining whether any of the relationships specified in subsection
(a) or paragraph (1) of this subsection exists, a legally adopted child
of an individual (and a child who is a member of an individual's household,
if placed with such individual by an authorized placement agency for legal
adoption by such individual), or a foster child of an individual (if such
child satisfies the requirements of subsection (a)(9) with respect to such
individual), shall be treated as a child of such individual by blood.
- (3) The term "dependent" does not include any individual
who is not a citizen or national of the United States unless such individual
is a resident of the United States or of a country contiguous to the United
States. The preceding sentence shall not exclude from the definition of
"dependent" any child of the taxpayer legally adopted by him,
if, for the taxable year of the taxpayer, the child has as his principal
place of abode the home of the taxpayer and is a member of the taxpayer's
household, and if the taxpayer is a citizen or national of the United States.
- (4) A payment to a wife which is includible in the gross income of
the wife under section 71
or 682 shall
not be treated as a payment by her husband for the support of any dependent.
- (5) An individual is not a member of the taxpayer's household if at
any time during the taxable year of the taxpayer the relationship between
such individual and the taxpayer is in violation of local law.
- (c) Multiple support agreements
For purposes of subsection (a), over half of the support of an individual
for a calendar year shall be treated as received from the taxpayer if -
- (1) no one person contributed over half of such support;
- (2) over half of such support was received from persons each of whom,
but for the fact that he did not contribute over half of such support,
would have been entitled to claim such individual as a dependent for a
taxable year beginning in such calendar year;
- (3) the taxpayer contributed over 10 percent of such support; and
- (4) each person described in paragraph (2) (other than the taxpayer)
who contributed over 10 percent of such support files a written declaration
(in such manner and form as the Secretary may by regulations prescribe)
that he will not claim such individual as a dependent for any taxable year
beginning in such calendar year.
- (d) Special support test in case of students
For purposes of subsection (a), in the case of any individual who is
-
- (1) a son, stepson, daughter, or stepdaughter of the taxpayer (within
the meaning of this section), and
- (2) a student (within the meaning of section 151(c)(4)),
amounts received as scholarships for study at an educational organization
described in section 170(b)(1)(A)(ii)
shall not be taken into account in determining whether such individual
received more than half of his support from the taxpayer.
- (e) Support test in case of child of divorced parents, etc.
- (1) Custodial parent gets exemption
Except as otherwise provided in this subsection, if -
- (A) a child (as defined in section 151(c)(3))
receives over half of his support during the calendar year from his parents
-
- (i) who are divorced or legally separated under a decree of divorce
or separate maintenance,
- (ii) who are separated under a written separation agreement, or
- (iii) who live apart at all times during the last 6 months of the calendar
year, and
- (B) such child is in the custody of one or both of his parents for
more than one-half of the calendar year, such child shall be treated, for
purposes of subsection (a), as receiving over half of his support during
the calendar year from the parent having custody for a greater portion
of the calendar year (hereinafter in this subsection referred to as the
"custodial parent").
- (2) Exception where custodial parent releases claim to exemption for
the year
A child of parents described in paragraph (1) shall be treated as having
received over half of his support during a calendar year from the noncustodial
parent if -
- (A) the custodial parent signs a written declaration (in such manner
and form as the Secretary may by regulations prescribe) that such custodial
parent will not claim such child as a dependent for any taxable year beginning
in such calendar year, and
- (B) the noncustodial parent attaches such written declaration to the
noncustodial parent's return for the taxable year beginning during such
calendar year. For purposes of this subsection, the term "noncustodial
parent" means the parent who is not the custodial parent.
- (3) Exception for multiple-support agreement
This subsection shall not apply in any case where over half of the support
of the child is treated as having been received from a taxpayer under the
provisions of subsection (c).
- (4) Exception for certain pre-1985 instruments
- (A) In general
A child of parents described in paragraph (1) shall be treated as having
received over half his support during a calendar year from the noncustodial
parent if -
- (i) a qualified pre-1985 instrument between the parents applicable
to the taxable year beginning in such calendar year provides that the noncustodial
parent shall be entitled to any deduction allowable under section 151
for such child, and
- (ii) the noncustodial parent provides at least $600 for the support
of such child during such calendar year. For purposes of this subparagraph,
amounts expended for the support of a child or children shall be treated
as received from the noncustodial parent to the extent that such parent
provided amounts for such support.
- (B) Qualified pre-1985 instrument
For purposes of this paragraph, the term "qualified pre-1985 instrument"
means any decree of divorce or separate maintenance or written agreement
-
- (i) which is executed before January 1, 1985,
- (ii) which on such date contains the provision described in subparagraph
(A)(i), and
- (iii) which is not modified on or after such date in a modification
which expressly provides that this paragraph shall not apply to such decree
or agreement.
- (5) Special rule for support received from new spouse of parent
For purposes of this subsection, in the case of the remarriage of a
parent, support of a child received from the parent's spouse shall be treated
as received from the parent.
- (6) Cross reference For provision treating child as dependent of both
parents for
purposes of medical expense deduction, see section 213(d)(5).