Foley Hoag writes:
As colleges and universities know, higher education institutions have a duty to protect the confidentiality of student records, codified in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g. When such documents are requested in the course of litigation, FERPA dictates the processes and standards a school must apply in response. The discussion that follows answers the following questions:
- When if ever must a school provide student information to a third party during litigation?
- May the student object to the release of their information, and if so, how?
- What notice must a school give a student before providing student information to a third party?In particular,
- How much advance notice must the student receive?
- What methods of notice are adequate?
- What information must the notice contain?
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