The Law Behind FERPA: Anything but PERfect

This from Inside Higher Education (January 15, 2015).

"...First, it seems to suggest that existing law, FERPA, is insufficient to address the privacy issues that this legislation is designed to address such as vendor data mining of education records for business purposes or sale of that data to third parties. In fact, FERPA does prohibit the use of such data on the part of vendors already. Where it is weak is in enforcement. With no private right of action, the consequences fall entirely to the school district, college or university. The student must look elsewhere in less clearly defined law, such as negligence, or more elusive Constitutional law, such as a "right of data privacy," for personal redress. The nuclear option -- the Department of Education’s ability to eliminate federal funds -- is scary in theory but unworkable in practice. As most know, in the over forty years since its promulgation, such a fate has never befallen a college or university...."

Enforcement is a weak point in most federal policy. FERPA, State Authorization, several issues within 34CFR 600-691 and Student Right to Know, US Code 38 what do these things have in common? Reframe policy this time with the student voice to reframe: see Inside Higher Education on

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As my cover photo suggests, it takes the voice of those banded together to build the bridge...to build the bridge PERfectly.