Family Educational Rights and Privacy Act

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Issue 1

Whether the parents of a university student are entitled to access information contained in the education records from the university administration.

Rule

The Family Education Rights and Privacy Act (FERPA) stipulates that the information contained in a student’s education records cannot be released to third parties without the student’s consent. However, the information can be released to parents without consent if the student is under 21 years of age and has committed a violation of drug or alcohol rules of the university.

Application

It is impossible for Iggy’s parents to access Iggy’s records because of the FERPA rules. However, the parents may access these records if it is found that, Iggy, being under 21 years of age, has violated the university policies on drug and alcohol use by drinking and using a fake ID.

Conclusion

Iggy’s parents may be granted access because Iggy is under twenty one years of age and has been spending a lot of time drinking, using a fake ID, if this is in violation of the university policy.

Issue 2

Whether a university should grant a parent’s request to release information regarding a student’s welfare.

Rule

The University’s Parental Notification Policy states that parents may be informed of instances of medical treatment and transportation and serious, repeated alcohol and drug abuse violations in situations where a student’s welfare and health become a concern.

Application

Iggy has been almost always drunk. His drinking has caused him to miss most classes, have no disregard for personal hygiene, drive while under the influence of alcohol, and be treated for a number of falls as a result of his drinking habit. His actions exempt him from being protected by the privacy policy set out by FERPA.

Conclusion

The university should release information on Iggy’s welfare to the parents because Iggy has constantly violated drug and alcohol use policies and has undergone treatment as a result.

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