GU^T
^ENFELD
ATTORNEYS SINCE 1921 P. LC.

ONE E. WASHINGTON, SUITE 1600

PHOENIX, ARIZONA 85004-2553,

TELEPHONE 602-257-7422

FACSIMILE 602-254-4878

SusanP. Segal
602-257-7425
s seaal a

ustlavv. com

January2, 2019
Ms. Kathleen E. Brody
Legal Director

REDACTEDTO

ACLU of Arizona

EXCLUDE CERTAIN
STUDENT INFORMATION

P. 0. Box 17148
Phoenix, AZ 85011
Kbrod

acluaz-or

Dear Ms. Brody:

This lawfirm represents the MingusUnion High School District (the "District"). The .
purpose of this letter is to respond to the letter you emailed to Acting Superintendent Genie Gee
on December 28, 2018, which was shared with the media on that date.

Your letter incorrectly states the facts andthe law; Moreover, there are cogent and
sourid/reasons for the student identity badge policies.
1; The Student ID badges.

The badges at issue are student ID badges. Every student is required to wear one for
security reasons. This is a common practice in school districts around the country. See. A. H. ex
rel. Hernandezv. Northside IndependentSchool Dist., 916~F.Svipp.2d 757 (W.D. Tex, 2013. It
allows thecampus officials to determine who should and should not be on the campus.
The need for the use of student identity badges has been recognized by the United States

Department of Education, ("DOE") which has enacted a regulation under the Family
EducationalPrivacyRights Act ("FERPA"); The DOEhas adopteda regulationthat does not
allow a parent to "opt out" of requiring students to wear ids containing directory information.
See 34 Code of Federal Regulations (C. F. R. ") §99. 37.
In this case,the District's student identity badgepolicy is basedupon its determination
that it is necessaryfor educational'andsecurity reasons.
2. The color of the badges.

:Thecolor ofthe badgesis derived from the MingusUnion High School ("School")
colors, whichare red and gray. The red color is used for freshmen and sophomores andthe grey
is used forjuniors and seniors. Thus, any characterizationofthe badgesas a "scarlet" letter that

SPS:Ib2 3426210. 1 1/2/2019

GUSTLAW.COM
PHOENIX- TUCSON - WICKENBURG - LAS VEGAS - LOS ANGELES

 KathleeaE. Brody

-2-

Januar>^2, 2019

implies:theuse ofthe colons punitive is misleading. Hadthe school colors beengreen and
gold, the badgeswouldhav&.thosecolors, '
The differentiation in colors is because juniors .and seniors'have different privileges,

such as beteg allowed to go off campus for lunch. For security reasons, the ..different colors .
allow campus. officials to quickly determine whether a student is legitimately exiting campus. It
als'o assistscampus officialsto determine whetherthe students ,are in rigKtplaces. Forexample,
there are assemblies and other events. just forjuniors and seniors.
3. Jordan's Status.

Jordanhas a redidentity badge'becauseshe doesnot haveenough i.creditsto be a junior.
.

To the extent that

the number "11"is on her ID badge,. the number will be taken off.
please ii'ote that her mother has never requested an accommodation

in the past andthe District had no reason to know she might need an aecommodation under
Section.. 504 of the Rehabilitation Act of 1973 ("Section 504") or Title II ofthe Americans with

DisabUitiesActof-1973 (fh&"ADA"). '
4. Grade level is directory information andMs; Lansroan has permifted disclosure of
dirfeqtory information.

UnderFERPA,"gradelevel" is amongthe information classifiedas "directory

Information. " 34 C.F.R, 99. 3. ' ;Directory''information is public information thatmay be
disclosedunlessparents "opt out" or requestthat suchinformation,is not disclosed;'
Tfae School,has a directory informatioii form, which,is attached as Exhibit A. "Grade
level" is included in the School's defimfibn of dii-ectory information.
Ms. Lansman has'never opted outof the disclosure ofdireGtory informatioh Gonceming

.

herdaughter. Sheisfree to do so at anytime. 'Inthat instahce, the.Districtwill issue,her
daughtera student 10':.withouta gradelevel dgsignation,eitherin color or number:
5. ADA Accommodations.

Likewise,,Ms. Lansmanhasnever requested'Seetion504 or ADAaccommodatiousfor
Jordaii. Basedon your letter, the Districtis currently setting a Section.504 meetingto address
this and Ms: Lansman will receive notification ofthe meeting so that she'can attend.
' "Directoryinformationincludes,butis-notlimitedto, the student'sname;address;telephonelisting;.
eleclTonic mail address; photograph; date and place ofbirfh; major field ofstudy; grade level; enrollment status

(e.g., .undergraduateorgraduate,fiill-time orpart-time); datesofattendance;participationm. officiallyrecognized
activities .and sports; weight and height ofmembers ofafliletic teams; degrees, honors, and awards received; and
tlie most recent educationalagencyor institutiph attended.".

SPS:lb2 3426210. 1. 1/2/2019

 KathleenE. Brody

January2, 2019

-3-

We will be supplemeiiting this response with further information as soon as we receive
it.

Moreover, tKe District. and its Govemin. g Board wiil be addressing further possibl'e."

measures, .mcluding a letter remindirig parents that they can."opt out" and a sign out sheet for
students whoseidentity badges do not contain a gradelevel .designation;
However, theDistrict deniesthat it has .violatedanylaws or rights ofthe studentas you
have alleged in'your letter'., Should this matter go to court, the District will. be presenting
evidence ofthe need for the differentiation m the badges; Your colleague has argued that the
students should not be required to wear badges or that the badges should not be in. differerit.
colors. However, that '.determination is one for the District and its Governing Board-not the
AGLU.. And, as you are probably aware, c6urts are loathe to micromanage school districts. >5'ee
Kelly v: Martin, 16 Ariz. App. 7, 9, 490 P.2d 836, 838 (1971);
Very:truly yours,

^
SusanP. Segal
For the Firm

SPS/lb
Enclosure

SPS:Ib2 3426210, 1 1/2/2019

  

Mingus Union High School
Student Directory Information Non-Release Form
Duringthe schoolyear, MingusUnionHighSchool staffmembers may compile non-confidentialstudent
directory information specified below.
According to state and federal law the below-designated directory information may be publicly released
to educational, occupational or military recruiting representatives without your permission. Ifthe district

governingboardpemiitstherelease ofthe below-designateddirectory informationto persons or
organizationswho inform students ofeducationalor occupationalopportunities, by lawthe district is
requiredto providethe same accesson the samebasisto officialmilitary recruitingrepresentatives for the
purpose ofinformingstudents ofeducationalandoccupationalopportunities availableto them, unlessyou
request in writingthatthe schoolnot release the student's informationwithoutyour prior signedand
datedwritten consent. Ifyou do not objectto therelease ofany andall ofthe below-designated
informationinwriting, thenthe districtmustprovidemilitary recruiters, uponrequest, directory
informationcontainingthe student's names, addresses, cmdtelephone listings.
If you donot waiitany or all ofthe belowdesignatedinformatioaaboutyour son/daughterto bereleased
to anyperson or organizationwithoutyour prior signedanddatedwritten consent, \-ou must notivthe
district in writing by checking off any or all of the rejected infonnation, signmg Ae form at the bottom of

this page, andreturningit to the CounselingOfficeat time ofenrollment. Ifthe school districtdoesnot
receivethisnotification from you with the prescribedtime, it -willbe assumedthatyour permission is
given to release your son/daughter's designated directory information.

TO: Registrar
I donot wantany or all the informationI haveindicatedbelow concerning (student's name)
designated as directory information andreleased to any person or organization without my prior written consent:
a Name

D Address

D Telephone Listmg

a Electronic mail address

D Date and place of birth

a Photograph

D Dates of attendance

D Grade level

a Enrollment status (e. g. part tinie or fall time)

a Weight and height (members of athletic teams)

D Major field of study

D Participationin officially recognizedactivities/sports

a Honors and awards received

a Most recent educational agency or institution attended

Parent/Guardian Signature

Date