In the state of WA a criminal investigation for theft. The admin tells us they cannot release the phone #'s of the students suspected to be involved to the police due to privacy laws. (Not school policies, but laws, they say) If they are correct what law applies? If they are incorrect where do I find the laws to show them this? I see that RCW 42.56.230 talks about privacy of the information (?yes? No?) but I can't comprehend the gobbletygook wording to see if it also says it includes in case of a criminal investigation.

I assume it involves minor children? Or are we talking Staff? Big difference between the two.

The law the school is referring to is FERPA--the Federal Education Right to Privacy Act.

The police must get a subpoena for that information.

The police may get it, they merely get a subpoena from the court, as part of the investigation.
Often many schools may supply it, depending on the seriousness of the crime, and/or most schools have resource ( school ) officers. Also they can merely question the children at school and even have CPS take them into custody if needed and require parents to come to get them.

The issue here is, that you are not the police, not the school, thus they will tell you nothing anyway

Quote:

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Originally Posted by ablesammy;

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I see that RCW 42.56.230 talks about privacy of the information (?yes? no?) but I can't comprehend the gobbletygook wording ...

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RCW 42.56.230

... Personal information.




The following personal information is exempt from public inspection and copying under this chapter:

(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;

(2) Personal information, including but not limited to, addresses, telephone numbers, personal electronic mail addresses, social security numbers, emergency contact and date of birth information for a participant in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs. Emergency contact information may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situation;
..."

I don't see any gobbletygook.

Simply means that student-related info. Is not public.

Quote:

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Originally Posted by AK lawyer

RCW 42.56.230

[INDENT]... Personal information.


The following personal information is exempt from public inspection and copying under this chapter:


I don't see any gobbletygook.

Simply means that student-related info. is not public.

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Yeah I get that I can't get the information. My question was can the police get the information as part of an investigation into the theft? Why isn't it an obstruction of the police investigation to refuse to give contact #'s for the parents of (yes minor) children? A simple hey did your kid come home with this and tell you some made up story of where /she got it? Supoena seems overkill.

Hello a:

In my view, the school DID give the cops what they wanted and they're LYING to you. The school is NOT going to obstruct the police in a criminal investigation... Oh, I WISH they'd look out for the privacy of their students, and I WISH they'd honor the law, but they don't.

excon