Context:

The Family Educational Rights and Privacy Act (FERPA) is often misinterpreted by schools to withhold information under the guise of protecting student privacy. Originally intended to protect the privacy of student educational records, FERPA's misuse has led to situations where essential information, such as the circumstances of violent incidents, is not disclosed to the public or even affected families. Schools and universities, fearing damage to their reputation, sometimes exploit the law to avoid transparency and accountability. Despite the law's narrow definition of protected records, many educational institutions apply it broadly, impacting public safety and hindering parents' and journalists' access to important information. There are no penalties for schools that over-protect privacy, leading to a lack of recourse for those denied access to information, creating a significant barrier to oversight and public safety awareness.

Dive Deeper:

• FERPA, passed in 1974, was designed to protect students' educational records and ensure privacy, but it is frequently misused by schools to withhold information unnecessarily, impacting public safety and transparency.

• Schools often cite FERPA when refusing to disclose information about incidents like playground injuries or school threats, even though the law's scope is limited to specific records stored in principal or dean offices.

• Frank LoMonte, a legal expert, highlights that FERPA is often misapplied due to poor training or intentional misuse by educational institutions concerned about reputation and liability, using privacy as a shield against accountability.

• The law does not impose consequences on schools for over-concealing information, only for under-protecting privacy, leading to a one-sided application where schools can deny access to information with little fear of repercussion.

• Obtaining information through legal channels is costly and time-consuming, and the judicial system often defers to schools' privacy claims, making it difficult for parents and journalists to challenge inappropriate withholdings.

• There is a need to balance privacy with transparency, especially in cases involving public safety or potentially criminal conduct, yet many schools interpret FERPA too broadly, preventing public scrutiny and discourse.

• LoMonte suggests reforms such as removing severe financial penalties and allowing journalists or citizens to file complaints against frivolous FERPA claims to promote accountability and correct the current imbalance in information access.