FERPA Redux: 30% More Flexible!
In December, FERPA got a makeover.
FERPA is, of course, the Family Educational Rights and Privacy Act, which attempts to establish the situations in which student records can or cannot be disclosed by an institution of higher education. Previous FERPA rules were restrictive in favor of student privacy, and somewhat vague as well. Institutions and parents sometimes found the rules binding and confusing. Colleges and universities were reluctant to release student information inappropriately, thus violating FERPA.
The revision follows 120 comments from higher education associations, institutions and other interested parties. As a result, the more confusing parts of FERPA have been clarified, and the new take on the law allows institutions a bit more leeway with regard to individual circumstances. In the first incarnation of the law, information was only to be disclosed in an “emergency” and this circumstance was narrowly defined. This definition has been stricken. Now institutions can disclose student information “if there is an articulable and significant threat to the health or the safety of the student or other individuals.” Administrators have more latitude also, when they decide which records to release and to whom this information should be given. Tragedies, such as the Virginia Tech shootings, may have prompted these clarifications, and the greater ability of institutions to manage troubling situations without violating FERPA. The law also covers issues such as accessibility of directory information, the use of Social Security numbers and the release of academic records. The regulations took effect January 8. The US Department of Education has provided a guide on FERPA 2.0.
Tags: FERPA, Mental Health, Privacy