This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school…

Conflicts between educational and medical law and between school policies and the professional ethics and standards of school nurses increasingly lead to professional legal dilemmas related to health data collection, recordkeeping, storage of confidential health information, protection of a student's and/or family's right to confidentiality, and…

In view of the dramatic increase in the numbers of laws and lawsuits since the 1960s, teachers must become aware of the privacy considerations and potential legal problems that may arise when writing a letter of recommendation or giving a verbal reference. They should become familiar with present common law doctrine and recent legislation…

When used in managing college student records, electronic data interchange allows electronic student records to be fed directly into a receiving institution's database instead of being sent by mail. Although the process offers many clear advantages, one important question that must be addressed is how students' privacy will be protected under a…

The complex issues of promoting student mental health, privacy and public safety, and the balance among them, weigh on the minds of institutional leaders, educational policymakers, and local, state and federal officials. American campuses have a proud history of intellectual freedom, openness and public accessibility to their communities. However,…

In Girardier vs Webster College the court held that a private college may refuse to release college transcripts if students have not repaid their National Defense Education Act loans even though they've declared bankruptcy, and that no private remedy could be inferred under the Family Educational Rights and Privacy Act of 1974. Implications are…

Examines problems in the 1998 Amendment to the Family Education Rights and Privacy Act (FERPA) in its application to student disciplinary records. Reviews enactment and development of FERPA and discusses recent debate over "educational records" provision. Argues that Congress should amend FERPA to expressly mandate that universities…

Discusses issues in the University of California's policies concerning recording of disciplinary actions on student transcripts, including the conflicting recommendations of a number of professional associations in higher education concerning student records, provisions of the Federal Family Educational Rights and Privacy Act, and inconsistency in…

Given the changes in higher education since 1974, especially those introduced by infusion of technology into admissions, registrar, bursar, financial aid, and advising functions, it is suggested that the Family Educational Rights and Privacy Act of 1974 may be inadequate to address current college-student privacy issues. Additionally, colleges…

In response to a request by the Presidential Task Force on Regulatory Relief, this report offers specific recommendations for reform of federal regulations. A cover letter explains the constraints imposed by the recommended format: that the report is unable to address adequately the area of federal regulatory activity generating the most adverse…