For an Interlibrary Loan Electronic Transmission (whether printed out and included with the item(s) or sent via electronic means) in a K-12 setting, can a student's name (the one ultimately borrowing the item) be used in the "receipt" or notification slip? Should a student's School ID number be used? Can both be used at the same time? Is it taboo to have a student's name in ANY electronic transmission?
This question comes at us from a school district public library and supporting Board of Cooperative Educational Services ("BOCES").
One thing I knew very little[1] about when I started doing "Ask the Lawyer" was school district public library systems. These are systems coordinated through a regional BOCES, creating a network of library resources, governed by their own section of the New York Education Law (and regulations, and Regents rules).
Over the years, the existence and importance of school district public library systems has grown more and more obvious to me--to the point where now, if you are so unfortunate to be trapped in an elevator with me, I might tell you all about them from ground level to the 32nd floor.[2]
One thing I would mention, around floor 15 or so, is that school district public libraries (and systems) have to balance privacy and data security obligations from a wide array of different state and federal laws. I have written on this before (see "Ask the Lawyer #67, #80, and #143), and won't re-hash that here, except to say: everything in those past answers impacts this question.
With those prior columns as background, the answers to the member's three questions are:
For an Interlibrary Loan Electronic Transmission (whether printed out and included with the item(s) or sent via electronic means) in a K-12 setting, can a student's name (the one ultimately borrowing the item) be used in the "receipt" or notification slip?
Yes, if the library's policy requires it for the "proper operation" of the library (CPLR 4509), AND if the school can assure that only those who need to see it (for the benefit of the student) will see it (FERPA) or the student has signed a FERPA waiver, AND if all the required measures for data privacy are in place (ED2-d).
Should a student's School ID number be used? Can both be used at the same time?
Yes, if the library's policy requires it for the "proper operation" of the library (CPLR 4509), AND if the school can assure that only those who need to see it (for the benefit of the student) will see it (FERPA) or the student has signed a FERPA waiver, AND if all the required measures for data privacy are in place (ED2-d).
Is it taboo to have a student's name in ANY electronic transmission?
No, but school district and BOCES systems creating and transmitting such records should always be confident that the use of the student's name is in a document generated and transmitted per applicable policy.
This is tougher than it sounds, since schools now have so many electronic systems facilitating record-making and communication--a situation compounded by online learning during the pandemic. Further, the decision to use those systems might be driven by function and cost, with only secondary attention being paid to privacy, as addressed in "Ask the Lawyer" #67, #80, and #143.
Since this question is rooted in interlibrary loan, I'll end with an example.
Below is a partial screenshot from the demo screen of OPALS, a popular ILS used by school district libraries (and other types of libraries, too).
As you'll see, OPALS enables the "viewing of all the borrowers in an attending class...."
There is nothing inherently wrong with this type of grouping of borrowers, so long as the district has addressed the various privacy obligations, and made sure the functionality and use of the system (in this example, OPALS) align with the school's approach and policies on privacy.
In other words, nothing should be left to chance.
So, with that, my ultimate answer--to all three questions-- is: any time a public school student's name is listed on a library record that leaves the bounds of the library (the "real" or virtual bounds), every unique way that happens (injury report, student discipline, interlibrary loan) should be covered by policy.
Now, let's consider how this issue looks "on the ground." I poked around a bit, and while I found many interlibrary loan policies for school district library systems/BOCES in NY, I didn't find one that went so far into the weeds as setting terms for how/when to include borrower names on the routing slips (printed or electronic).
Chances are, that's usually more of a "standard operating procedure" thing, rather than something set by formal "policy."[3]
But with increasing interconnectivity between library other school systems, it might be worth formalizing in future interlibrary loan policies. For instance, one sentence: "When effecting interlibrary loan, cooperating libraries shall mutually adhere to the other libraries' and systems' policies regarding borrower privacy"[4] is a sample of how to add a quick reminder about this critical consideration.
Because as the member's questions indicate, we can never be too "in the weeds" on privacy.
Thank you for an important array of questions.
[1] Okay, actually, nothing.
[2] In this mythical trip up 32 floors, we are visiting Buffalo City Hall, which if you have never seen, is a must-visit location.
[3] New York is a big state! I have no doubt there is a policy that does address this. If your district has one, please send a link to info@losapllc.com and reference this RAQ.
[4] This is just sample language...no matter what you select, make sure your school district's attorney or BOCES system director reviews and approves any policy before it goes into effect!