When I first started addressing the school violence issue 15 years ago,
I sent away for free documentation regarding troubled students and
sharing information about concerns. I received many free copies of
Sharing Information: A Guide to the Family Educational Rights and
Privacy Act and Participation in Juvenile Justice Programs a program
report from the U.S. Department of Justice. I gave the information to
co-workers, board of education members, and distributed the books at
school violence workshops.
FERPA, the Federal Educational Rights and
Privacy Act is not new. But many people who work in our educational
system are not aware of it or misinterpret the purpose. FERPA is meant
to protect student records, but is not meant to protect or hide
information related to violent behavior.
FERPA is back in the news
again because of the bombings in Boston. The University of Mass., it
has been reported, is refusing to release records. They may be refusing
to release records to the public siting FERPA, but the university is
mandated by FERPA to release the records to law enforcement.
Revisions were made in 2009 to FERPA primarily because of the Virginia Tech shootings.
Government
officials can have access to student records. According to an article
published in Privacy Rights Clearinghouse,(Fact Sheet 29) there are
several exceptions to accessing records without student or parental
consent. Those working with the students have access and the right to
know about the student. They can not carry out their duties without
having access.
Law enforcement can be given access also. Two
examples are "when, under the USA Patriot Act, the United States
Attorney, during the course of a terrorism investigation, obtains ex
parte court order, that is an order issued without notice to the party.
Also, "when under the Campus Sex Crimes Prevention Act, an institution
discloses information about sex offenders or other individuals required
to register under the Violent Crime and Control and Law Enforcement Act
of 1994, commonly called the Wetterling Act."
The news networks are
reporting that the University of Mass. is refusing to release records of
the students caught in the bombing web. The records will become a law
enforcement issue. Law enforcement does have the right to know when
someone living on a college campus is a suspect in a murder
investigation. They will get the records.
Not too long ago, I spoke with an unarmed campus security guard after an incident which
occurred on the college campus where he worked. The incident had
happened the evening before we spoke. He told me he had heard rumors
of the incident which involved a criminal act in the neighborhood which
made its way onto the campus. I asked him if he was familiar with the
term FERPA or The Clery Act and suggested that he "google" the terms. A
few days later, I asked him if he checked out the information. I also
suggested that he ask about the incident. Later, he told me he had and
thanked me.
If the University of Mass. does not cooperate with law
enforcement in the terrorism investigation, they could face fines and
end up being on the growing list of colleges and universities who blew
it when it came to prevention and/or truthful investigation after the
fact.
