Administrative Leave for suspected FERPA violation

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Teacher0903

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I was put on administrative leave yesterday for taking a picture of some "funny test answers" on a dictation sentence test. The sentence was ".......his sock." The student wrote "....his cock" and another wrote "shi it.". These are little ones - but I thought it was funny and took pictures and sent it by MMS - not email, to some teacher friends. It did not show the students' names or grades- so there was no way to identify the student, except for a number in the right-hand corner of the page at the top that is teacher assigned as to easily put student's papers in alphabetical order quickly. It was not on Facebook or on email. They are investigating whether or not this was a FERPA violation, but several friends have told me they don't believe it is. If it is - I will be terminated. There was no ill intent, but a lack of judgement since I have seen such stuff on "Funny Test Answers.com" and I know who it was that did it because of other comments that were made. My boss has been trying to get rid of me since last year when I became considerablly worse with my symptoms of vertigo worsened and life for me became nothing short of pure hell. I could barely take care of myself, much less others and my doctors were struggling to figure out the cause, therefore they would not put me on disability. That's when my bosses checked with HR to find they didn't have enough on me to get rid of me, and in later evaluations, when I questioned some of the markings, I was given reasons that were completely fabricated. When I called them out on it and started writing on my notepad the exact words they were saying to me as I repeated the words aloud to them, one of them said "oh Nevermind - I'll change it."
 
Do you have a question?

Yes, you can be terminated if it is a FERPA violation. In fact, you can be terminated even if it was not a FERPA violation - there is nothing illegal about terming you for such a lack of judgment. (WHAT were you THINKING?) The only exception would be if you have a contract, union or otherwise, that specifically and in so many words limits what you can be fired for, and this is not listed.

If that is not your question, please clarify.
 
I am on my 3rd year of a 3 year contract. Sorry if I wasn't clear - I was asking if a photo is a FERPA violation if the student's name is not in the photo and it can't be identified. Not sure if it makes a difference that it was an MMS and not email.
 
No, it does not make a difference.

I don't know which way the administration will decide. I can see a strict reading of the regulations calling this a violation.
 
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