
There are strong laws on the boks protecting student privacy. [From _College and University Student Records: A Legal Compendium_, Edited by Joan E. Van Tol, 1989] ================== p. 119 =============== The [Family Educational Rights and Privacy Act] regulations ... were significantly modified in 1988. ... The new regulations amend the definition of directory information and establish a standard for the designation of directory information. The new definition is: ' ... information contained in an education record of a student which would not be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, address, telephone list, date and place of birth, major field of study, participation in officially-recognized activities and sports, weight and height of members of athletic teams, date of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.' The new standard -- that which would not be considered harmful or an invasion of privacy if disclosed -- permits the educational institution to exercise its discretion in the designation and and release of directory information provided that the eligible student does not object to the disclosure. ======================== p. 106 ============ [From the regulations: 34 C.F.R., 99.37 (1988)] 99.37 What conditions apply to disclosing directory information? (a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible student is attendance at the agency or institutional of -- (1) The types of personally identifiable information that the agency or institution has designed as directory information; (2) A parent's or eligible student's right to refuse to let the agency or institution any or all of those types of information about the student as directory information; and (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designed as directory information. ================== p. 155 ================ [from a reprint of an article printed in 1982 in _Computer/Law Journal_ by a Ms. Hyman.] ... A waiver of FERPA rights made pursuant to section 99.7 must be exercised by the student {109} and can apply to all FERPA rights {110}. Wavers must be signed {111}, and are most commonly given regarding letters of recommendation for admission {112}. Institutions may request students to waive their right of access to these letters, but they may not require a waiver as a condition for admission or services.{113}. [References] {110} 34 C.F.R. 99.7(a) (1980) {113} 34 C.F.R, 99.7(b) (1980) [Which I think cooresponds to this section of the 1988 regulations - cmk] ====================== p. 104 ================= [34 C.F.R. 99.12 (1988)] 99.12 What limitations exist on the right to inspect and review records? ... (b) A postsecondary institution does not have to permit a student to inspect and review educational records that are -- ... (3) Confidential letters and confidential statement of recommendation places in the student's records ..., if (i) The student has waived his or her right to inspect and review those letters and statements; ... (c) A waiver under paragraph (b)(3)(i) of this section is valid only if -- (i) The educational agency or institution does not require the waiver as a condition for admission to or receipt of a service or benefit form the agency or institution; ... ============================================