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Why a Virginia judge got it wrong on student COVID-19 data

Posted on September 16, 2021June 24, 2025 by Dissent

Megan Rhyne is executive director of the Virginia Coalition for Open Government, a nonprofit alliance formed to promote expanded access to government records, meetings and other proceedings at the state and local level.  She has a commentary in the Virginia Mercury that begins:

Last week a Rockingham County Circuit Judge ruled in favor of James Madison University in a case brought by the editor of JMU’s student newspaper, The Breeze, over access to the per-day number of COVID-positive cases per on-campus residence.

Armchair-quarterback that I am, I’ve read the ruling, and probably unsurprisingly, I disagree.

The ruling says the university rightly cited the Family Educational Rights and Privacy Act (FERPA) when it initially withheld, then delayed disclosing by more than a month, student COVID-19 cases broken down by campus residence.

In other words, the ruling validated a policy that essentially says an individual student’s privacy rights are greater than the rights of all other students in the same residence — or campus, even — to protect themselves or to know whether they may have been exposed, thus potentially exposing others that he or she later came into contact with.

Read more on Virginia Mercury.

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Category: CourtHealthcareLawsU.S.Youth & Schools

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