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Break-in at the Watergate Office Complex
The Watergate scandal, involving various illegal activities by the Nixon administration, influenced a time of distrust toward government agencies. Americans became concerned with abuses concerning the record-keeping and disclosure of student educational records ("Legislative," 2004). Legislation concerning educational records and student privacy was passed August 21, 1974, less than two weeks after President Nixon's resignation. -
The Family Educational Rights and Privacy Act (FERPA)
FERPA is an amendment to the General Education Provisions Act. The goal was to protect students' privacy and to provide right to access for parents. FERPA established the need for prior written consent for releasing information and establishes parental and student rights to inspect and review educational records for accuracy and relevancy (Stone & Stoner, 2002). Stakeholders were the parents, dissatisfied with a lack of privacy, as well as government and school officials who needed their trust. -
The Buckley Amendment ("Joint Statement")
FERPA was amended four months after its initial enactment with the Buckley Amendment. The purpose was to clarify points within FERPA. For example, educational records was defined as "those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency" ("Legislative," 2002, para. 8). -
Jeanne Clery Tragedy
Jeanne Clery is raped and murdered in her college dorm room on April 5, 1986. Another student attending Lehigh University had committed the crime ("Legislative," 2004). This event became a catalyst for a shift in privacy policy concerning campus safety standards and inspired future legislative changes. -
The Campus Security Act ("Clery Act")
After the rape and murder of Jeanne Clery at Lehigh University by another student, the Clery Act was established. The goal of this act was to improve institutional transparency regarding crime on campus. The Clery Act amended FERPA by allowing victims of crimes committed on campus access to information regarding the perpetrator of the crime and disciplinary proceedings (Stone & Stoner, 2002). This highlights the direction of student privacy policy concerning campus safety. -
Higher Education Amendments of 1992
Continuing the trend of crime and safety on campus, FERPA was further amended in 1992. This amendment excluded campus law enforcement records as educational records protected by FERPA (Stone & Stoner, 2002). This opened up wider access to student criminal records being kept by campus law enforcement. -
Improving America's Schools Act of 1994 (IASA)
FERPA had established a rule of educational relevancy of what could be kept in a student's record. IASA amended this rule, establishing that institutions could include information regarding disciplinary action taken against a student for threatening behavior that poses a significant risk to the student or others (Stone & Stoner, 2002). This event further highlights the trend of privacy versus safety under FERPA regulation. -
The Solomon Amendment
The Solomon Amendment amends privacy protections under FERPA by requiring higher educational institutions to grant the military access to student recruitment information (Stone & Stoner, 2002). Historical issues surrounding this action relate more to the military relationship forced onto educational institutions than with student privacy concerns. Courts struck down an attempt to challenge the law on March 6, 2006 ("Military," 2014). This legislation adds to the trend of limiting FERPA coverage. -
Health Insurance Portability and Accountability Act (HIPAA) Enactment
HIPAA regulations are far more strict than FERPA and refer to medical records. While treatment records created on campus are not covered by HIPAA, but by FERPA, the law has continued to confuse higher educational institutions. FERPA provides institutions with more leeway for sharing medical treatment information to families during emergencies in the interest of campus safety. After historical events like Virginia Tech, school officials blame inaction on HIPAA confusions (Appelbaum, 2008). -
Higher Education Amendments of 1998
The Higher Education Amendments of 1998 amended FERPA by allowing institutions to disclose to the public information regarding disciplinary actions taken against students who have committed violent crimes on campus and violated campus policy. This legislative action was taken to further appease the public interest in campus transparency by institutions of higher education (Stone & Stoner, 2002). -
Campus Sex Crimes Prevention Act
This piece of legislation further amended FERPA, by allowing the release and sharing of information related to students who are convicted sex offenders. In the interest of campus safety, the goal was to provide for a system of tracking convicted sex offenders working at or attending institutions of higher education (Stone & Stoner, 2002). This demonstrates a continuation on how privacy policy has impacted safety policies and emergency procedures. -
September 11th Terrorist Attacks
On September 11, 2001, several U.S. flights were hijacked. Two planes were flown into the World Trade Center in New York City, one into the Pentagon in D.C., and another crash-landed in Pennsylvania. The terrorist attacks directly lead to new legislation affecting FERPA protections (Stone & Stoner, 2002). The USA Patriot Act changed practices and policies in countless sectors of society, including higher education. -
USA Patriot Act
This piece of legislation, still widely debated today, amended FERPA by allowing the federal government to access student records in relation to terrorism threats. This change to FERPA largely impacted practices related to the handling of foreign students. It expanded surveillance capabilities of the federal government and expanded programs for monitoring foreign students on American campuses (Stone & Stoner, 2002). -
No Child Left Behind Act
While this piece of legislation was most notably an attempt to better education practices, it also affected privacy laws. No Child Left Behind amended FERPA by requiring high schools to provide directory information to military recruiters. It also required States to have a procedure for transferring student disciplinary records between appropriate officials regarding suspensions and expulsions ("Legislative," 2004). -
Virginia Tech Shooting
In 2007, 32 people at Virginia Tech were killed by Seung Hui Cho, a student at the university. The event became a major catalyst in the debate between privacy laws, campus security, and gun laws. While FERPA allows school officials to report risky behavior, it is not required. School officials chose not to share information regarding Cho's extensive history of behavior out of fear of losing funding (Brusca & Ram, 2010). This fear and confusion made it clear more legislation was needed. -
Federal Register: "Final Regulations" for FERPA
Following the Virginia Tech shooting and the confusion over privacy laws, the U.S. Department of Education amended FERPA by removing the fear of lost funding when institutions report information regarding a student who may be an immediate risk to themselves or others. This guidance was included in the Federal Register for 2008, and makes it easier for institutions to notify parents or appropriate authorities of emergency situations regarding a student's behavior (Bonnie et al, 2016). -
Sandy Hook Elementary School Shooting
The killing of 26 people at Sandy Hook reignited the debate between privacy and safety. In response, President Obama proposed changes to HIPAA for more consistent submission of records of severe mental illness to the national database for background checks for gun ownership (Baum, 2014). These measures were never enacted. As these incidents continue to occur, colleges are seeking more proactive practices, like increased department cooperation and more appropriate medical counseling methods. -
Future Changes in Privacy Policy and Campus Security
After the Virginia Tech tragedy, it was discovered that Seung Hui Cho's extensive history of mental illness had not been shared with the institution nor was it requested. In addition, his history with counselors and law enforcement on campus was not shared with his family (Brusca, 2010). The continuation of such tragedies in recent years may indicate the need for a more proactive policies, such as Virginia's state law requiring institutions to notify families in situations like Cho's. -
Future Changes in Privacy Policy and Technology
The last decade has seen an enormous expansion of technological advancement. This advancement has created several areas of uncertainly regarding student privacy, including email documentation, student online access and security regarding privacy regulations, and online student requests to release information to third parties (Stone & Stoner, 2002). FERPA will need to be amended to keep up with the privacy concerns of newer technological advancements. -
Resources
Appelbaum, P., et al. (2008). Student mental health and the law: A resource for institutions of higher education. Retrieved from https://www.jedfoundation.org/wp-content/uploads/2016/07/student-mental-health-and-the-law-jed-NEW.pdf Baum, S. (2014). Proposed rule change would lift HIPAA barrier to more mental health data for gun permits. MedCityNews. Retrieved from http://medcitynews.com/2014/01/hipaa-proposed-rule-change-lifts-barrier-mental-health-data-gun-applications/ -
Resources
Bonnie, R. J., et al. (2016). Resource document on college mental health and confidentiality. Retrieved from https://www.psychiatry.org/File%20Library/Psychiatrists/Directories/Library-and-Archive/resource_documents/resource-2016-college-mental-health-and-confidentiality.pdf Brusca, R., and Ram, C. (2010). A failure to communicate. Washington and Lee Journal of Civil Rights and Social Justice, 17(1), 141-167. Retrieved from http://scholarlycommons.law.wlu.edu/crsj/vol17/iss1/9 -
Resources
Legislative history of major FERPA Provisions. (2004). Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/leg-history.html Military recruiting on campus and the Solomon Amendment. (2014). Retrieved from https://careers.ucsc.edu/student/CareerEvents/Fairs/solomon.html Stone, K. J., and Stoner, E. N. (2002). Revisiting the purpose and effect of FERPA. Retrieved from http://www.stetson.edu/law/academics/highered/home/media/2002/Revisiting_the_purpose_of_FERPA.pdf
