Nsé Ufot, J.D.
Government Relations Officer
American Association of University Professors
1133 – 19th Street NW, Suite 200
Washington, DC 20036
(202) 737-5900 Ext. 142
Email: nufot@aaup.org
“Academic Freedom for a Free Society”
Support AAUP by joining today!http://www.aaup.org/AAUP/involved/join/
AAUP on Facebook: http://www.facebook.com/group.php?gid=21119399464
From: Jaime Ortega-Simo [mailto:ortega-simo.1@buckeyemail.osu.edu]
Sent: Saturday, December 03, 2011 3:50 AM
To: Nseabasi Ufot
Subject: RE: FERPA changes
FERPA was changed after 9/11, in 2002 by the PATRIOT Act.
1) Did or have all Universities approve the changes done under the Patriot Act? did any University opposed FERPA’s changes under the PATRIOT Act?
We have no way of knowing which Universities approved (or are complying with)the post-Patriot Act changes to FERPA. I also don’t know which Universities were opposed to the PATRIOT Act’s changes to FERPA.
2) Have agencies like the FBI or organizations like InfraGard ever used the new changes done on FERPA under the Patriot act, without student or parent consent and approval to look for possible terrorist suspects?
The AAUP does not have any direct knowledge of any government agency invoking section 507 of the Patriot Act and accessing a student’s records without consent. By definition, neither law enforcement nor the institution is required to give the affected student notice.
3) How does FERPA’s changes under the PATRIOT Act, reflect on the Fourth Amendment?
I’m not a constitutional scholar, but it appears that the provisions of post-Patriot Act FERPA are specifically written to address any 4th amendment concerns. FERPA still maintains a requirement that law enforcement get judicial permission, parental permission or permission from the student before they can access a student’s records. But in the case of alleged “terrorism”, the US attorney general’s office can ask a judge, to ask an institution, to grant the US attorney access to a student’s records, ex parte, without the student’s knowledge.
4) Have any higher education institutions, students or parents complained about the changes made on FERPA, under the PATRIOT Act or claimed a lawsuit against the U.S. Department of Education?
I don’t have any knowledge of lawsuits or complaints about FERPA+PATRIOT Act initiated by institutions, students or parents against the Department of Education.
Finally, here is an excerpt from the September-October 2002 Academe, (the AAUP’s monthly magazine) giving faculty advice about the changes to FERPA made by the PATRIOT Act … Full article here at http://www.aaup.org/AAUP/pubsres/academe/2002/SO/Col/LW.htm
“Finally, faculty should be aware of changes to FERPA made in the USA Patriot Act, which makes it easier for the offices of the U.S. attorney general to get court orders to obtain educational records relevant to an investigation or prosecution of terrorism. Once an institution is presented with a “terrorism” court order, it must disclose the requested records. The institution need not obtain the consent of the student or parent, notify either party that the disclosure has been made, or maintain a record of the disclosure. Moreover, the act gives institutions immunity from liability for disclosures in response to such court orders.
A court order requesting release of student information will typically come to an institution’s administration or its counsel’s office. If, however, a faculty member should receive such a notice directly, the professor should immediately contact the institution’s legal counsel. Neither the faculty nor the administration wants the institution to be sued for disclosing records, and neither wants to disclose information about students that would violate those students’ privacy rights.”
Thanks for your response Mr Ufot.
