Disputing the Claim that FERPA Applies to all University Documents

The general counsel for Central Michigan University redacted several pieces of "directory information" when responding to a FOIA request by Central Michigan Life for all FOIA requests submitted to the university from July 1, 2009 to Feb. 2, 2010. Nearly 21 percent of the 43 FOIA requests had information redacted on grounds of protecting citizens from "an unwarranted invasion of their privacy" and the Family Educational Rights and Privacy Act (FERPA).

Chairwoman of the Society of Professional Journalists FERPA committee Carolyn Carlson said schools tend to "be very creative in the way they misuse FERPA," disagreeing with the university general counsel's position that every piece of paper held by the university is an educational record.

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University of Illinois Sued Over Admissions Clout Lists

The Chicago Tribune has sued the University of Illinois for information explaining why applicants were placed on admission clout lists, specifically the names of applicants' parents and identities of the patrons who advocated on behalf of the applicants.

The university has refused to provide the information to the newspaper, saying the Family Educational Rights and Privacy Act prevents its disclosure.

Read more about the lawsuit here.

MU says it complied with Columbia Dispatch's request

The University of Missouri says it complied with the Columbus Dispatch's records request and maintains records as it should according to NCAA terms, the Columbia Missourian reported. MU says it didn't "refuse to provide any information to protect privacy" involving the records of complimentary tickets for athletes and it does keep records on athletes' summer employment. The university said it informed reporters that the ticket data would cost $300 to compile into a compatible form, but the reporter no longer wanted the information. Similarly, MU says it keeps employment records but the reporter didn't want them unless athlete names were included. MU redacts students names in these records.

The Columbus Dispatch said that the University of Missouri, like other NCAA schools, misinterpreted privacy rules and violated NCAA terms by hiding public records.

However, MU said that it complied with the Dispatch's request and does keep all the records it should.

As part of a six-month investigation, the Columbus Dispatch found MU "refused to provide any information to protect privacy" involving the records of complimentary tickets for athletes, and "the school did not keep these records" about the athletes' summer employment.

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Chicago Tribune sues for data on clout applicants

The Chicago Tribune has filed a lawsuit against the University of Illinois after officials declined to disclose ACT test scores and GPAs for applicants who were given preferential treatment. The data was originally requested in April while the newspaper was conducting its investigation. The university president says FERPA prevents the release of those details even if student names would be redacted.

The Chicago Tribune filed a state lawsuit Tuesday against the University of Illinois demanding the immediate release of grade point averages and standardized test scores of the hundreds of college applicants placed on an internal list of well-connected students.

The Tribune originally sought the information in April for an ongoing series of stories about the clout list, in which it reported that students whose applications were pushed by public officials or university trustees received preferential treatment by the admissions office despite concerns about some applicants' qualifications.

In response to an Illinois Freedom of Information Act request by the Tribune, the university released about 1,800 pages of documents -- including e-mail exchanges expressing worry about the "terrible" and "weak" academic records of some applicants -- that have been the foundation of the Tribune's "Clout Goes to College" series.

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Nevada cites FERPA to redact NCAA violations data

Nevada athletics director Cary Groth agrees that FERPA could be updated so that it's clearer. Nevada provided all information requested except data regarding violations in the Columbus Dispatch investigative story regarding NCAA programs. Legal counsel advised the athletic department not to release this information in the midst of the NCAA investigation into a 2007 whistleblower complaint. The Reno-Gazette Journal had also asked for information on the whistleblower complaint through three FOI requests. The university provided the data but cited FERPA and redacted student-athlete names and cited personnel matters exemptions for redacting the names of coaches and administrators.

Nevada athletics director Cary Groth said she was surprised to learn about the wide range of interpretations of FERPA -- the Family Educational Rights & Privacy Act -- and that she agreed with the law's writer that it needs to be revamped.

"I was kind of surprised there was such a variance of openness," Groth said, reacting to an investigative story by the Columbus Dispatch in Ohio that reported that many of the 119 FBS (formerly Division I-A) schools use the 1974 federal law improperly in an effort to keep their NCAA troubles secret. "In the article it talks about bringing (the law) in and looking at it again. That would be very helpful, to identify what we can and what we can't release.

"To hide behind the law when you shouldn't, I think that's wrong."

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Columbus Dispatch finds different interpretations of FERPA

Inside Higher Ed highlighted The Columbus Dispatch's investigation that uncovered widely different interpretations of FERPA by athletics programs. The newspaper sent public records requests for athletic-related documents to all 119 in the Football Bowl Subdivision. Several programs used the vague law to deny or redact parts of records that were unrelated to students' academic records. Check to see how open your favorite athletic program was here.

A six-month investigation by The Columbus Dispatch has found that colleges and universities use "wildly different legal interpretations" of the Family Educational Rights and Privacy Act to deny access to information about athletics programs. The newspaper sent colleges with big-time athletics programs similar requests for information and found wide variation in what institutions provided, with FERPA commonly cited to avoid providing information commonly released by other institutions. Even within the same state, the newspaper found inconsistent interpretations. The newspaper also interviewed James Buckley, the one-time U.S. senator who wrote the law, and found that he was "stunned" at the way athletics programs are citing the measure to keep information secret.

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FOI records reveal origins of deficient degree

FOI at Work!

The Richmond Times-Dispatch struggled to obtain records from the Virgina Commonwealth University on Rodney Monroe, the former Richmond police chief who received a degree despite not meeting qualifications. FERPA stood in the way. However, because the police department funded his coursework, some data was available under FOIA. Records show that VCU administrators only briefly mentioned via e-mail that Monroe had not met the requirement to earn 25 percent of credit from courses at VCU.

It was no secret that he took only two courses at Virginia Commonwealth University. Rodney Monroe, then Richmond's police chief, publicly spoke of that shortly before he graduated in 2007.

But far less apparent were how lapses in judgment and university procedures combined to allow him to get that diploma even though he fell far short of requirements for his bachelor's degree.

The Richmond Times-Dispatch used the Freedom of Information Act to help determine what courses Monroe had taken, how much the Richmond Police Department paid for his courses, and to provide insight into internal communications leading up to the approval of his degree.

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Mass. tells public school system it can't charge $14K for directory data

Cambridge Public Schools argued that it would cost $14,426.88 to compile directory information on its students. This did not even include reproduction costs for the copies of documents. Massachusetts Supervisor of Public Records has given the district 10 days to respond with a reasonable charge.

The state’s public records division ordered Cambridge Public Schools to nix its $14,000 charge for public information, saying the school district should be charging a reasonable rate for a complete list of students.

The Chronicle originally made the request in 2007 using the Federal Educational Rights and Privacy Act to gain access to a list of Cambridge Public School students that would be used for informational purposes, not for publication.

“You are hereby ordered to provide [the Chronicle] with a revised written, good faith estimate which reflects the actual costs of providing the names of the students whose parents have consented to release of ‘directory information,” Supervisor of Public Records Alan Cote wrote in a Feb. 12 letter.

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So your kid's school is locked down, but they won't tell you?

That is basically how the Springfield School District in Missouri is interpreting new FERPA regulations. The district will report there is an emergency or lock down at an elementary or high school but will not identify which one, the Springfield (Mo.) News-Leader reported. School resource officers have also been redacting not only student's personal information but also the date of the incident from their reports.

This week, the Springfield school district is expected to unveil new guidelines for how to release emergency information to the public.

The district changes are triggered by the U.S. Department of Education enactment of new regulations to the Family Educational Rights and Privacy Act .

Springfield school officials say the changes likely will mean less disclosure of incident or emergency information.

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Texas newspaper says FERPA doesn't exempt test records from FOIA

Beaumont Enterprise, a Texas-based newspaper, has asked courts to order the Tekoa Academy of Accelerated Studies to release student test scores. The paper had requested reading and math scores of the Texas Assessment of Knowledge and Skills through an FOIA. The school argues that FERPA makes these records confidential, even though the scores requested are not tied to individual students.

A Southeast Texas newspaper has been trying to get student test scores from a Port Arthur school for almost a year, and has now asked the courts to step in and order the school to comply with its request.

Hearst Newspapers II LLC, doing business as the Beaumont Enterprise, has petitioned Jefferson County District Court Judge Donald Floyd for a writ of mandamus against Tekoa Academy of Accelerated Studies.

According to the petition filed Jan. 28, the school has not released student scores from the Texas Assessment of Knowledge and Skills which the paper requested under the Public Information Act.

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