In a review of court cases involving the federal student privacy law or FERPA, the Student Press Law Center found that FERPA does not always sanction withholding student records from the media. Recent court decisions show that under FERPA states may have considerable leeway to set their own conditions for release of information.
For instance, in a recent federal district court case regarding the release of records concerning a University of Illinois admissions scandal, the judge ruled that while FERPA sets conditions on federal funding, it did not specifically bar universities from releasing education records. “FERPA does not impose any requirement on state officials,” the judge wrote. “The state has the option to choose whether or not to accept FERPA’s conditions.”
From the Student Press Law Center, March 18, 2011, by Brian Schraum and Kyle McDonald.