Proposed Federal Rules Expand Disclosure of Student Information

Proposed Federal Rules Expand Disclosure of Student Information
April 15, 2008--T he U.S. Department of Education (DOE) has published
new
regulations enforcing the Family Educational Rights and Privacy Act
(FERPA),
which governs disclosures from students' records by educational
institutions.
The proposed rules were published in the Federal Register on March 24
and are
available at http://www.bazelon.org/pdf/ED-2008-OPEPD-0002.pdf . They
address
the disclosure of information to parents and others and set a new
standard for
DOE's review of disclosures.
DOE has acted responsibly in the past to safeguard student privacy.
The
proposed regulation may herald a new hands-off approach that will
weaken FERPA
enforcement, erode privacy, and place at risk the confidentiality of
students'
mental health information.
The rules allow for a public comment period (ending at 5 p.m. on May
8, 2008).
The Bazelon Center will post its comments online in advance for use as
a
model.
For details and instructions for commenting, visit:
http://www.bazelon.org/issues/education/takeaction/4-08FERPAregs.htm
For more information:
* the Bazelon Center's campus mental health policy guide,
Supporting Students: A Model Policy for Colleges and Universities:
http://www.bazelon.org/newsroom/2007/STUDENTMENTALPOLICY051607.htm
* the October 2007 Department of Education guide entitled,
"Balancing Student
Privacy and School Safety: A Guide to the Family Educational Rights
and
Privacy Act for Colleges and Universities,"
http://www.ed.gov/policy/gen/guid/fpco/brochures/postsec.html.