The Family Educational Rights & Privacy Act of 1974: Recommendations for Realigning Educational Privacy with Congress’ Original Intent
The Family Educational Rights & Privacy Act of 1974: Recommendations for Realigning Educational Privacy with Congress’ Original Intent
Robert W. Futhey, 41 Creighton L. Rev. 277 (2008)
This Note discusses the current state of FERPA in three sections. First, this Note examines FERPA’s statutory text, legislative history and initial amendments, as well as important interpretive federal case law. Next, this Note advances the argument that Congress should amend FERPA to realign it with the protections Congress originally intended. Primarily, this Note will suggest amending FERPA’s definition of education records to make more certain what types of information FERPA protects. Secondarily, this Note will suggest reformations to allow individuals to file lawsuits against educational institutions for FERPA violations. Finally, this Note will conclude with a brief summary of the recommended FERPA amendments.