Thursday, October 22, 2015
Cease and Desist letter sent today to Eva Moskowitz of Success Charters
A FERPA complaint to the US Dept of Education Family Compliance Office will follow soon.
October 22, 2015
Eva Moskowitz, CEO
Success Academy Network
95 Pine Street, Floor 6, New York, NY 10005
By US Postal Service Priority Mail and email to: firstname.lastname@example.org
Dear Ms. Moskowitz;
I demand that you immediately remove the letter you wrote to PBS and sent to the press on October 19, that contained details of my son’s disciplinary record and is posted at [link removed] , as well as the second follow up letter you posted and sent on October 21 at [link removed.]
As you are well aware, regulations governing compliance with the Family Educational Rights and Privacy Act of 1974 require that educational agencies and institutions obtain a parent’s signed and dated written consent before they are allowed to share non-directory personally identifiable information from a student's education records to third parties (34 CFE 99.30).
Some of the details of my son’s disciplinary history are accurate but many are not. In any case, I was not contacted at any time beforehand, and I did not give my consent to the disclosure of any part of his education record.
In fact, your first letter includes an email from John Merrow of PBS, saying that I “was unwilling to release [my] son’s records.” This is further documented by PBS, in their response to the letter, in which they write: “the mother was not willing to allow Success Academy to release her son’s school records.” You yourself admitted that I was “refusing to waive her son’s privacy rights.”
Your first letter has now been linked to by many blogs and media outlets, including the PBS website. Your action by disclosing this information which contains significant inaccuracies have caused me and my son great harm, and I demand that you immediately take it down from your website.
This disclosure of my son’s disciplinary records without my consent is not only unethical, but also a serious violation of federal law. I hereby demand that you immediately cease and desist from causing further harm to my son’s privacy rights by removing the letter from your website, and ending all unauthorized disclosures. I also demand that you produce an accurate record of all third parties to whom you specifically disclosed my son’s non-directory information without my consent.
I will follow up with the remedial steps you need to take to mitigate the damage caused by your unlawful conduct, and to schedule a complete review of all of my son’s school records to correct the inaccurate and libelous information the school has apparently inserted in his education records.
Fatima Geidi[address and email removed]