Two FERPA Amendments Proposed

Two bills were recently introduced in the U.S. House of Representatives to amend the Family Educational Rights and Privacy Act (FERPA) of 1974. With some exceptions, FERPA prohibits educational agencies or institutions that receive federal funds from having a policy or practice of releasing the education records of a student without the written consent of the student or parents. FERPA also requires that educational agencies and institutions that receive federal funds provide parents with access to the educational records of their children.

H.R. 128, the David Shick Honesty in Campus Justice Act, would amend FERPA in order to improve the access of victims of crimes to information concerning the outcome of disciplinary proceedings by institutions of higher education. The proposed change would make access to this information for victims of crimes mandatory. Presently, it is at the discretion of institutions of higher education whether to disclose the outcome of disciplinary proceedings to victims, but not required.
H.R. 2220, the Mental Health Security for America's Families in Education Act of 2007, would amend FERPA in order to allow educational institutions to disclose certain information to parents of students who may pose a significant risk to their own safety or well-being, or to the safety or well-being of others. The bill contemplates allowing parents access to their children’s mental health records in these types of cases.
Source: Jody Feder, The Family Educational Rights and Privacy Act (CRS Report for Congress: May 15, 2007).
Author: CWP