Teachers have to return graded work to students. Most can do this clandestinely without much fuss. But some teachers make the (honest) mistake of saying students’ grades out loud. Is this allowed? Despite different reasoning or opinions, there’s a law that gives us a clear answer to the question.
By law, a teacher may not say students’ grades out loud. The Family Educational Rights and Privacy Act expresses that students’ “non-directory” information, including grades, may not be shared publicly without the student’s or parent’s written consent.
Under FERPA, students’ personally identifiable information is protected. Only specific people are allowed access to this information under certain conditions. For example, a teacher may not openly discuss a student’s grades with another staff member without a valid reason. This article will discuss where this law is applicable and why the public acknowledgment of grades is not advised.
Times When A Teacher Can And Can’t Say Your Grade Out Loud
In theory, a teacher should not say student grades out loud because it can lead to bullying or embarrassment. A student or parent must give written consent for some personally identifiable information (PII) to be shared. However, the topic is deemed a gray area in some teaching environments, so a law is in place to explain what teachers are allowed to share.
FERPA: Law Protecting The Disclosure Of Educational Records
FERPA (Family Educational Rights and Privacy Act) is implemented in all publicly funded schools to protect student information. Teachers at these institutions must follow FERPA guidelines when dealing with student records.
Different aspects of student educational records are categorized as “Directory Information” or “Non-Directory Information.” Non-directory information should not be shared without the consent of a student or parent, as it is information protected by FERPA.
Non-directory PII consists of the following information:
- Student grades,
- A student’s social security number,
- Student ID numbers,
- Attendance records,
- Disciplinary history.
Simply put, a teacher or education professional should never share any of the above without the express consent of the student or parent. Teachers are strongly advised by FERPA not to do the following:
- Send student grades or non-directory information via email,
- Publicly post a student’s grades online,
- Use social networks to connect with students.
This is because the information can be forwarded, reposted, or used for unsolicited purposes. So, FERPA recommends verbally sharing educational records with the intended recipient (e.g., a parent) only.
The only people permitted to see student records are the relevant teachers or instructors, school administrators, counselors or health staff, and school attorneys. Discussing or sharing a student’s grades with others is not permitted under FERPA.
The video below shows a scenario where educators highlight the dos and don’ts of information protected by FERPA.
School staff members should regularly familiarize themselves with what information is protected by FERPA and if there have been any changes to the law. Additionally, the school must supply its students and parents with the relevant information regarding their right to privacy.
Parents and students should be allowed to “opt in” or “opt out” of sharing their information. This can prevent scenarios where students or parents take legal action against a teacher or a school for releasing information erroneously.
What Should You Do If A Teacher Says Your Grade Out Loud?
If a teacher says a student’s grades out loud in front of a class or other staff, there is often no legal recourse besides a complaint being issued. However, the teacher could face punishment from the government for violating FERPA. So, one should still follow steps within the school authority structure to report the behavior.
The school should support the student’s rights and take disciplinary action against the teacher if necessary. If the school fails to do so, or the teacher persists in sharing personal information, then the matter can be escalated.
Not all matters that reach the Supreme Court result favorably for the student or parent. For example, an Oklahoma mother, Kris Falvo, claimed her children were embarrassed by peer grading and believed it violated their rights under FERPA. The Supreme Court ruled that peer grading was not a violation of students’ rights to privacy.
You can read more about the Owasso Independent School Dist. No. I-001 v. Falvo case here.
Why Is It Problematic For Teachers To Say Grades Out Loud?
The fact that there’s a law in place to protect against the sharing of grades suggests there have been harmful incidents resulting from public grade disclosure. But what is so wrong with teachers saying grades out loud?
Some of the possible fallouts from the unsolicited publication of a student’s grades are mentioned by child development experts in this commentary. Summarized, they are as follows:
- Many students base their self-esteem on their grades. A student with poor results could feel ashamed, while a student with good results could be teased for being a “nerd” or “teacher’s pet.”
- Students may feel targeted or “picked on” by a teacher. For instance, the teacher might use a student’s grade to highlight how not to be (an example of a “bad” student), which is extremely demeaning for anyone on the receiving end.
- Some students have learning impediments and struggle academically. Others might have missed a lot of school due to health reasons. By publicly announcing poor grades, teachers risk exposing the issues and struggles faced by such students.
- The revealed grades may not even be an accurate representation of a student’s actual ability. This is because some students do not perform well on tests due to anxiety or other factors, so their results may not necessarily reflect their full knowledge and understanding of concepts. In addition, hearing their results announced publicly will likely exacerbate their anxiety.
- Academically driven students who receive grades lower than anticipated (in comparison to the high standards they set themselves or other students’ grades) will likely feel even more disappointed and place more significant pressure on themselves in the future.
- Publicly disclosing grades is likely to fuel teasing and bullying among students.
Do All Schools Fall Under FERPA Law?
FERPA law covers the right to privacy for students in publicly funded schools. However, most schools have their own rules on privacy which complement FERPA laws.
Where applicable, students and parents should revisit and sign relevant school documents on information rights and privacy annually. They should be informed of who has access to personally identifiable information. Additionally, students and parents should be allowed to “opt out” of sharing directory information.
Conclusion
Under the Family Education Rights and Protection Act (FERPA), a teacher cannot say student grades aloud. Doing so violates students’ privacy, and the teacher or school could face disciplinary action.
There are many reasons why it can be problematic to say a student’s grade out loud. Ultimately, it can make students uncomfortable, resulting in lower self-esteem and increased bullying.
Sources
- ABCnews.go.com: Should Students’ Grade Be Public?
- AVVO.com: Can Teachers Read A Student Grade On A Project?
- EducationWorld.com: Peer Grading vs. Privacy: The Supreme Court Rules
- Fordham.edu: Do’s and Don’ts For Teachers
- Quora: Are Teachers Allowed to Share Your Grades Out Loud To The Entire Class Without The Consent of the Students?
- US Department of Education: Family Educational Rights and Privacy Act (FERPA)
- YouTube: FERPA Scenario for Faculty & Staff
