ERIC Number: ED473345
Record Type: Non-Journal
Publication Date: 2002-Nov
Reference Count: N/A
FERPA Update 2002: The Two New Supreme Court FERPA Cases, and Post-9/11 Congressional Balancing of Student Privacy and Safety Interests.
Daggett, Lynn M.
Congress enacted the Family Educational Rights and Privacy Act (FERPA) in 1974 as a floor amendment to a comprehensive education statute. Until 2002, persons trying to understand and comply with FERPA were without guidance from the Supreme Court, which did not hear a single FERPA case from 1974 to 2001. In its 2001-02 term, however, the Court decided two FERPA cases, which are analyzed in this paper: "Owasso Independent School District No. I-011 v. Falvo" holds that peer grading of classroom work does not involve "education records" and thus does not violate FERPA; and ""onzaga University v. Doe" holds that FERPA cannot be enforced under Section 1983, a civil-rights statute. Moreover, Congress amended FERPA to permit somewhat broader disclosure of records in connection with terrorism concerns shortly after September 11, 2001. Congress also now requires, as a condition of receipt of federal Elementary and Secondary Education Act (ESEA) funds, that public and private secondary schools release to requesting military recruiters lists of names, addresses, and telephone numbers of students who have not filed objections. Perhaps as a means of combating drug use, disciplinary records can be transferred to a student's new school in ways consistent with FERPA. (RT)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Family Educational Rights and Privacy Act 1974