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Van Allen v. McCleary in New York
The case of Van Allen v McCleary was the first Supreme court case that dealt with a parent’s denial of access to their child’s educational records. -
The Buckley Amendment
The Buckley Amendment named after Senator James L. Buckley was introduced as an extension to the Elementary and Secondary Education Act of 1965 that provided parents access to their child’s educational records. -
The Family Educational Rights and Privacy Act of 1974
The Buckley Amendment was later changed to The Family Educational Rights and Privacy Act of 1974 which is a federal law that protects the privacy of student education records (U.S. Department of Education, 2017). When students reach 18 years of age, they become “eligible students” which provides them the right to inspect their records maintained by the schools and put in written requests for correction of any erroneous information reported in their file. -
Amendments to Education Amendments of 1978
Congress updated FERPA to allow access of student records for state and local educational officials for audit or evaluation purposes (Civic Impulse, 2017). The effect on education was presented In the case of Board of Education of City of New York v. Regan (1986). The final interpretation of this specific statutory mandated educational officials to audit only and not collect information which Congress classified as protected (Edmonds, 2009). -
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How the Higher Education Amendments of 1992 & Clery Act affect education?
In the case of Bauer v. Kincaid (1991) it was argued before the 1992 amendment and a decision was made afterwards that if a university has a commissioned law enforcement agency, records are released in conjunction with the police department of that jurisdiction, but if the university has a non-commissioned police department, students and the public do not have access to the same kind of information (Edmonds, 2009). -
Higher Education Amendments of 1992
Law enforcement records were made exempt from protection of disclosure under FERPA along with the Clery Act requiring any educational institution receiving federal funds to keep their police logs available for public inspection during normal business hours (Congress, 1992). The Clery Act is a consumer protection law that aims to provide transparency around campus crime policy and statistics (Clery Center, 2017). -
Improving America's Schools Act (H.R. 3130)
This bill allowed inspection and review of educational records maintained by state educational agencies. In the court case of Red & Black Pub. Co., Inc. v. Board of Regents (1993), the court determined that the purpose of FERPA is just not to grant individual students the right of privacy or access to educational records, but to control the careless release of educational information in the part of many institutions (Edmonds, 2009). -
Higher Education Amendments of 1998
The amendment allowed schools and institutions to disclose results of disciplinary hearings in which a student was found as a perpetrator of a sex crime or any other acts of violence. According to Edmonds (2009) the challenges this amendment has in education is "sorting out disciplinary records from law enforcement records when information is shared to varying measures between student disciplinary boards and campus law enforcement units" (p.577). -
Campus Sex Crime Prevention Act
Congress added this amendment allowing institutions the right to disclose information on registered sex offenders on their campus. Students who have committed sex crimes are required to notify the state that they have enrolled or work in a higher education
institution. The state in turn will direct higher education institutions on how to release that information (Edmonds, 2009). -
USA Patriot Act of 2001
This amendment allows attorney generals or designated representatives to collect and disseminate information obtained in a students’ educational records for use in an government investigation or prosecution due to acts of terrorism. In order to access to these records, requestors must prove there are specific facts relevant to investigation or prosecution (Edmonds, 2009). It's effect on education can allow public access to educational records by citizens during discovery proceedings. -
Additional amendments and current event involving FERPA
In 2008, educational institutions can disclose students’ educational records to individuals who provide services on behalf of institutions without student consent. Furthermore in 2011, access was granted to authorized representatives for disclosure of student id numbers. Social media is currently being reviewed for future FERPA compliance between students and educational professionals in order to make sure no privacy and public information laws are being violated (Educause, 2014). -
References
Civic Impulse. (2017). H.R. 15 — 95th Congress: Education Amendments. Retrieved from https://www.govtrack.us/congress/bills/95/hr15 Clery Center. (2017). Summary of the Jeanine Clery Act: A compliance and reporting overview. https://clerycenter.org/policy-resources/the-clery-act/ CNN. (2013). I’m just a bill: Schoolhouse rock, 40 years later, still teaches generations. [Image format]. Retrieved from http://www.cnn.com/2013/01/14/politics/schoolhouse-rock-40/index.html -
References
Edmonds, V. (2009). Court cases involving schools and universities under the Family Educational Rights and Privacy Act of 1974 (Doctoral dissertation). Retrieved from http://acumen.lib.ua.edu/u0015/0000001/0000211/u0015_0000001_0000211.pdf Emaze.com. (n.d.). USA Patriot Act. [Image format]. Retrieved from https://www.emaze.com/@AQTCWLLF/USA-PATRIOT-ACT -
References
Higher Education Opportunity Act of 2008, P.L. § 110-315, (2008) Improving America's Schools Act, P.L. § 103-382, (1994) Iview Systems. (n.d.). Clery compliance reporting. [Image format]. Retrieved from http://www.iviewsystems.com/clery Pinterest. (n.d.). Explore toxic relationships, stop bullying, and more.[Image format]. Retrieved from https://www.pinterest.com/pin/512073420108554717 -
References
Iview Systems. (n.d.). Clery compliance reporting. [Image format]. Retrieved from http://www.iviewsystems.com/clery Pinterest. (n.d.). Explore toxic relationships, stop bullying, and more.[Image format]. Retrieved from https://www.pinterest.com/pin/512073420108554717 Robert Torre Photography. (n.d.). Stock photograph portfolio places, Washington DC. [Image format]. Retrieved from http://roberttphoto.com/stock/washdc.htm -
References
Tumblr. (2015). FERPA fact. [Image format]. Retrieved from http://ferpafact.tumblr.com/page/2 University of Arkansas. (2017). New parent resources. [Image format]. Retrieved from http://parents.uark.edu/first-year-parents/new-parent-resources.php University of Oklahoma. (2016). Sex offenders. [Image format]. Retrieved from http://www.ou.edu/police/crime/sex-offenders.html USA Patriot Act of 2001, P.L. § 107-56, (2001) -
References
U.S. Department of Education. (2017). Family Educational Rights and Privacy Act (FERPA). Retrieved online from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html -
References
Amendments to Education Amendments of 1978, P.L. § 96-46, (1979) Buckley/Pell Amendment, P.L. § 93-568, (1974) Campus Safety. (2015). Schools beware: Some see FERPA update as inevitable.[Image format]. Retrieved from http://www.campussafetymagazine.com/news/schools_beware_some_see_ferpa_update_as_inevitable/ Campus Sex Crime Prevention Act, P.L. § 106-386, (2000) -
References
Congress.gov. (1992). Higher education amendments of 1992. Retrieved online from https://www.congress.gov/bill/102nd-congress/senate-bill/1150 Department of Education, Family Educational Rights and Privacy, 76 FR 75604, (2011). Drake, P. (2014). Is your use of social media FERPA compliant? Retrieved online http://er.educause.edu/articles/2014/2/is-your-use-of-social-media-ferpa-compliant -
References
Foundation for Individual Rights in Education. (2017). New first amendment library finance timeline: James Buckley. [Image format] . Retrieved from https://www.thefire.org/new-first-amendment-library-feature-campaign-finance-timeline/ Higher Education Amendments of 1992, P.L. § 102-325, (1992) Higher Education Amendments of 1998, P.L. § 105-244, (1998) Higher Education Opportunity Act of 2008, P.L. § 110-315, (2008) Improving America's Schools Act, P.L. § 103-382, (1994)
