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Watergate Scandal
"FERPA was passed in the wake of the Watergate scandal as a response to the fear that schools kept secret and inaccurate records on students, which could be harmfully disclosed" (Greenberg and Goldstein, 2017). **Watergate date used is earliest date of incident as referenced by:
Anonymous. (2018, June). Watergate fast facts. Retrieved from https://www.cnn.com/2014/01/23/us/watergate-fast-facts/index.html -
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Impacts
To expand on the vague meaning of "education record", higher education institutions are left to define the term themselves. This has lead to amendments to which university and college officials have to study and implement the new laws into their processes. -
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Ambiguous Definition
One of the major issues facing the Family and Educational Rights to Privacy Act is the use of the phrase "education records". "The current definition lacks clarity, predictability, and uniformity in application" (Penrose, 2012). This has caused issues from institution to institution with the release and the withholding of various information. Penrose, M. (2012). In the name of watergate: Returning FERPA to its original design -
From Bill to Law
President Ford signs the Family Educational Rights and Privacy Act (FERPA) introduced by Senator James Buckley into law. FERPA was enacted to safeguard student’s educational records and rights to its access; the law is applicable to all institutions receiving federal funding. Parents of students under the age of 18 and students over 18 have the right to access educational information. Family Educational Rights and Privacy Act, 20 U. S. C. § 1232g (1974). -
Effective Date
FERPA became effective on November 19, 1974. Accordingly to Senator Buckley (Penrose, 2012), students having access to their records as well as protecting the privacy and distribution of student educational information was the ultimate goal. Penrose, M. (2012). In the name of watergate: Returning FERPA to its original design -
Education Amendment of 1978
This amendment allows state or federally funding programs gather auditing or evaluation information on students who are enrolled in those institutions (Evans, Lyke, Riddle and Wolfe, 1979). Evans, A; Lyke, B; Riddle, W; Wolfe, M. (1979). Summary of the Education Amendment of 1978, Public Law 95-5641 Reprt Number 79-13. p.53-56 -
U.S. Department of Education
Under the Department of Education Organization Act, Congress established the United States Department of Education. FERPA is controlled and maintained within this department.
Anonymous. (2010). An overview of the U.S. Department of Education Retrieved from https://www2.ed.gov/about/overview/focus/what.html -
Campus Security Act (Cleary Act)
The Student Right-To-Know and Campus Security Act allows colleges and universities to give information to victims of the disciplinary proceeding resulting from the crime (FERPA). Family Educational Right to Privacy Act. (n.d.) Retrieved from https://epic.org/privacy/student/ferpa/#history -
Higher Education Amendments of 1998
In an letter as a response to a University's question, LeRoy S. Rooker, Director Family Policy Compliance Officer states the that 1998 amendment allowed the release of any information and results from criminal violence or non-forcible sexual cases by a student on campus. Rooker, L. (2002, September 27). [Letter to Ms. Diane Walker] FERPA Online Library. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/kennesawuniversity.html -
USA Patriot Act
After the September 11, 2001 attacks, congress passed the Patriot act that allowed the Attorney General to request the education records of an individual involved in an investigation (H.R.3162 Section 507). https://www.congress.gov/bill/107th-congress/house-bill/03162 -
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Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002)
The Supreme Court heard a case concerning students grading other students tests or assignments and the charge that this act violated FERPA. Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). Retrieved from https://supreme.justia.com/cases/federal/us/534/426/ -
Student Privacy Protection Act
Introduced in the 114th Congressional session, this act, if passed, would "require educational agencies or institutions and state educational authorities to establish: (1) information security practices to protect students' education records and personally identifiable information, and (2) breach notification policies to notify parents of breaches or security violations" (H.R.3157). Student Privacy Protection Act Retrieved from https://www.congress.gov/bill/114th-congress/house-bill/3157 -
What does the future hold for FERPA?
There is only a matter of time student information will be in the hands of someone it shouldn't that wasn't deliberately given to them by an employee. How will FERPA protect the students it covers if or when this happens? Fuller (2017) believes with an "understanding of FERPA and institutional rights can lead to a balanced, informed perspective and effective practice". Fuller, M. (2017). An update on the Family Educational Rights and Privacy Act. New Directions for Institutional Research.
