I completely agree with your Feb. 19 staff editorial "Small change, big trouble."
There are too many holes in the Family Rights and Privacy Act as it is. Colleges and universities can already discuss records of disciplinary offenses (involving any sex or violence) with whomever they see fit. They can also disclose any disciplinary actions, for behavior "pos[ing] a significant risk to the safety or well-being of [the] student, other students, or other members of the school community," to people at other schools whom they think have a legitimate need-to-know.
In addition, campus security can already distribute law enforcement records (not relating to wholly institutional matters, as opposed to enforcing local, state or Federal laws) anywhere they want, totally exempt from FERPA.
Plus, schools can discuss alcohol or drug offenses by students under 21 with their parents, even if the students are financially independent.
Not to mention that - just as the Chronicle of Higher Education pointed out - students cannot sue. The Supreme Court has ruled that FERPA does not include a "private right of action". So even if someone discloses something that was supposed to have been private, your only recourse is to complain to the Department of Education, which might, if enough complaints are received, threaten to withhold federal funding from the school itself. Or you can always write your congressperson.
The Eagle is right. Maybe a few incidents will be prevented. But many students will suffer a loss of privacy and be treated like children, sometimes for behavior which breaks no law or rule but which just looks "weird" or "suspicious" to others. That's one more step on the road to a police state, in my opinion. If anything, FERPA needs to be tightened, not loosened still more.
Jeffrey Deutsch School of Public Affairs, Class of 1988
