The following is mirrored from its source at
http://archive.aclu.org/congress/l102301c.html.
© 2001, American Civil Liberties Union. Reprinted with permission of the
American Civil Liberties Union (www.aclu.org).
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                          How the USA-Patriot Act
                        Puts Student Privacy At Risk

     The final version of the anti-terrorism legislation, the Uniting
     and Strengthening America By Providing Appropriate Tools Required
     To Intercept and Obstruct Terrorism (H.R. 3162, the "USA PATRIOT
     Act") amends the Family Educational Rights and Privacy Act (FERPA)
     and the confidentiality requirements for statistical databases of
     student information (Sections 507 & 508). Law enforcement
     officials already have adequate tools to access student records
     under current law. These sections of the bill would allow law
     enforcement officials to cast an even broader net for student
     information without any particularized suspicion of wrongdoing.
     When these student record anti-privacy proposals are combined with
     other information-sharing provisions contained in the USA PATRIOT
     Act, highly personal student information will be transmitted to
     many federal agencies that could lead to adverse consequences far
     beyond the stated goal of the anti-terrorism bill.

     As a general rule, FERPA prohibits disclosure of student records
     without consent. Student records include student coursework and
     grades, student financial information, and just about any other
     student information maintained by the educational institution.
     There are, however, numerous exceptions to the rule and various
     methods for law enforcement to access these records, including:

        * Disclosure of directory information:
          Educational institutions are permitted to disclose "directory
          information" to anyone who asks. Directory information
          includes a student's name, phone number, address, date and
          place of birth, major field of study, participation in
          activities and sports, dates of attendance, the most recent
          previous educational institution attended, and other
          information which would not generally be considered harmful
          or an invasion of privacy.

        * Information gathered pursuant to judicial order
          or lawfully issued subpoena:
          Educational institutions may disclose more detailed and
          personal information pursuant to a court order or a subpoena
          issued by a grand jury or for some other law enforcement
          purpose.

        * Emergency exception:
          Educational institutions may disclose student records in an
          emergency if such information is necessary to protect the
          health or safety of the student or other individuals.

     Since September 11, Federal, state and local law enforcement
     officials have faced few barriers in accessing student
     information. According to the American Association of Collegiate
     Registrars and Admissions Officers (AACRAO), about 200 colleges
     and universities have turned over student information to the FBI,
     INS, and other law enforcement officials. Based on FERPA's various
     exceptions, investigators have accessed information about foreign
     students, students in particular fields of study, including flight
     training, and students of particular ethnicities, including US
     citizens.

     But law enforcement officials want even easier access to a broader
     range of student information. Section 508 of the USA PATRIOT Act
     would allow law enforcement to access the student data collected
     for the purpose of statistical research under the National
     Education Statistics Act (NESA). The NESA includes a vast amount
     of identifiable student information and -- until now-has been held
     to strict confidentiality requirements without exception. While
     the bill requires a court order, it would be issued based on a
     mere certification that the records are relevant to an
     investigation. This standard is insufficient to protect the
     privacy of sensitive information contained in student records.

     FERPA already provides law enforcement adequate tools to conduct
     investigations and access student records. The bill omits good
     cause requirements and meaningful judicial review to protect
     against fishing expeditions that violate student privacy or
     investigation based upon racial profiling.



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