Submission Date
Question
We got a question from a school library...
I was wondering about student privacy when substitutes are in the library. When I started here, subs were able to use the circulation desk to check out material. However, since September we have had one substitute who is also a parent looking up their children’s accounts. We also had another issue with a different substitute looking up material to see what students were checking out. When I found this out it made me uncomfortable and I am no longer allowing subs to circulate materials. I have had some pushback from subs about the sudden limitations. I was thinking that the information would be along the same lines as an adult volunteer. However, I did not know if subs had more privileges to access student accounts because they are district employees. I would like something in writing to reference if admin ever asks.
Answer
First things first: whether a school board trustee, superintendent, principal, teacher, substitute, or volunteer, everyone must abide by the requirements of FERPA, Education Law Section 2-D, and CPLR 4509, each of which restrict access to library user records.
FERPA restricts access to education records on a “need to know” basis, even for employees.
Education Law Section 2-D restricts access to confidential student information.
CPLR 4509 restricts access to library user records, including those of minors.
Of course, knowing the law is different than following it. Plus, the scenario presented requires consideration of an additional factor: the substitute is a parent who’s looking at their child’s information.
Under the Education Law and FERPA, a parent has a right to inspect their child’s education record, and that is often interpreted to include their school library records.[1]
But! The right to inspect a record is not the same as using employee access to view a record for personal reasons. Unless district policy says otherwise,[2] a school employee taking advantage of their employee privileges to specifically access their child’s records is inappropriate.
Most people—including many teachers—are unaware of the additional layers of protection for library user records in New York State. Substitute teachers assigned to a school library might be given minimal information, and if the library is using volunteers, there may be even more reason to be cautious.[3] For this reason, a posted sign at the staff computer(s) could help emphasize the law and your library’s policy.
Here is sample language:
Use of this computer is limited to checking out and returning students’ selections and answering student questions. Accessing student library records for personal reasons is prohibited by privacy laws and district policy. Confidentiality of library services is an important part of library ethics and our school library system’s policies. If you have questions about this policy, please see [Media Specialist].
Or, if you want to have a more light-hearted approach:
Thank you for helping out today!
Just a few things we have to say:
Library user privacy
Means there are things you cannot see.
We only use the computer system
To check out items and return them.
If a student makes an inquiry
We handle it confidentially.
Borrowing records, what’s checked out
Can’t be casually talked about.
If you have a question about this list
Please ask the Media Specialist.
So welcome to our library crew!
Service with ethics is what we do.
Whenever possible, discussing policy guidance and signage like this with a supervisor and/or building principal, so they can back you up in the moment, is a wise idea.
In 2026, standing up for privacy and respect for laws governing electronic access to data grows more critical every day. Care on this topic is a sign of professionalism.[4]
Many thanks to the member for a thoughtful and important question.
[1]^ For more information, see Patron Confidentiality in School Libraries.
[2]^ I can’t imagine a district policy allowing this, but I have learned to never say never.
[3]^ For more, see Adult and Student Volunteers in School Libraries.
[4]^ Is standing up for privacy with doggerel poetry a sign of professionalism? I’ll leave that up to you.