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July 17, 2009

A Privacy Law That Protects Students, and Colleges, Too

Chriss Herring:

A law designed to keep college students' grades private often is used for a much different purpose -- to shield universities from potentially embarrassing situations.

Some critics say a number of schools are deliberately misreading the Family Educational Rights and Privacy Act in order to keep scandals and other unflattering news from hitting the media. "Some schools have good-faith misunderstandings of the law, but there are others that simply see this as a handy excuse to hide behind," says Frank LoMonte, executive director of the Student Press Law Center, which provides student journalists with legal help.

Legal experts say part of the problem is that the law is loosely defined. In addition, the potential consequences of violating the law -- namely, that schools would lose their federal funding -- prompt university officials to be conservative in their decisions about releasing information.

Those complaints rankle advocates of student privacy, who say that, if anything, the three-decade-old law should be expanded. "Most of these kids are adults, and they should be able to make their own decisions," says Daren Bakst, president of the Council on Law in Higher Education.

Posted by Jim Zellmer at July 17, 2009 1:01 AM
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