College Students and Privacy: Do Your Homework
- Rebecca Hagelin The Heritage Foundation
- 2008 6 Feb

Game over? Not exactly. It seems that some of our educators need educating
here.
As a mother of two sons in college, it’s more than disturbing to hear college
faculty announce -- in front of the students, no less -- that they cannot give
me any information about my sons without their permission. Citing legal privacy
rights for anyone 18 years old or over, the educators say they are legally
forbidden to speak with me unless my sons say they can.
The truth is, there are
circumstances under which a school can release information to parents -- even
without the consent of the son or daughter. But ignorance of those
circumstances is widespread, which recently prompted Secretary of Education
Margaret Spellings to issue guidelines that clarify exactly what information
colleges can -- and can’t -- provide the parents of college students.
The Department of Education has prepared a
brochure to let parents know the facts. It’s understandable that confusion
might crop up in an area where the interested parties are trying to balance
safety and privacy, and the Family Educational Rights and Privacy Act (FERPA)
does, generally speaking, require schools to get written consent from a student
before disclosing his or her information. But parents are hardly powerless
here. And FERPA also requires colleges and universities to take key steps to
maintain campus safety.
“Nothing is more important to Americans than the safety of their children, and
the guidance we are making available today will help make ’s
schools safer,” Spellings said as she and Secretary of Homeland Security
Michael Chertoff announced the guidelines last week. “FERPA is not intended to
be an obstacle to school safety, and the brochures will enable parents,
teachers and administrators to safeguard students in our education system.”
According to the new brochure:
When a student turns 18 years old or
enters a postsecondary institution at any age, all rights afforded to parents
under FERPA transfer to the student. However, FERPA also provides ways in which
schools may share information with parents without the student’s consent. For
example:
-- Schools may disclose education records to parents if the student is
a dependent for income tax purposes.
-- Schools may disclose education records to parents if a health or safety
emergency involves their son or daughter.
-- Schools may inform parents if the student who is under age 21 has violated
any law or its policy concerning the use or possession of alcohol or a
controlled substance.
-- A school official may generally share with a parent information that is
based on that official’s personal knowledge or observation of the student.
That last point covers a lot of ground, and is designed to allow a teacher or
professor to share information with you about the general well-being of your
child. Let’s face it: Decent teachers don’t want to see their new students
spiral out of control or become overwhelmed with the pressures of college
anymore than you do. The problem is, many of them are afraid to let mom and dad
know when they sense a student is having trouble because administrators have
misinformed them about the law. It just might be up to you to set the record
straight.
Schools must also come clean with parents about their safety
records and security procedures. Indeed, under the Clery Act, federal law
requires it and mandates certain penalties, including stiff fines and the loss
of financial aid, if schools fail to comply. The new brochure notes that
colleges must “provide timely warnings of crimes that represent a threat to the
safety of students or employees and to make public their campus security
policies.”
Why would such a law be necessary? Because college officials are naturally
reticent to say anything “negative” about their schools. All public information
is carefully choreographed to present a perfect image. But no place on earth is
totally crime-free, and university campuses are no exception. In fact, they’re
often worse than many suburban neighborhoods. According to Security on Campus, a group I had
the privilege of working with in the 1990s:
Surveys by rape crisis centers have
concluded that rape and sexual assault are commonplace on many campuses. One in
10 women will be raped during their years in college. Studies have revealed
that 80 percent of crime is student on student. Alcohol is involved in 90
percent of college crime. Date-rape drugs are creating thousands of victims.
Security on Campus was founded by Connie and Howard Clery. The Clery Act is
named after their daughter, Jeanne, a student at
who was raped, tortured and killed by a fellow student. Like many moms and
dads, these loving, wonderful parents lacked information about the lax security
situation on their daughter’s campus. But they don’t want to see other children
suffer the same fate, and other parents suffer as they have. So today, Security
on Campus works to inform and empower parents -- and save lives.
My point is this: Parents do not become invisible partners when their kids
enter college. Many colleges are mistaken about the law. They don’t know that
the federal law allows colleges to give information about dependent students to
their parents.
Thanks to Secretary Spellings and the Department of Education, we know
otherwise. Don’t allow your son’s or your daughter’s school to intimidate you.
And don’t assume that all of them are trying to leave you out.
Many professors, teachers and administrators are just ignorant about
the laws. Get the new
brochure, arm yourself with the facts, and stay involved in the lives of
your young, adult children. They need your guidance, care and love in college,
too.
Rebecca Hagelin, a vice president at The Heritage Foundation, is the author of “Home Invasion: Protecting Your Family in a Culture That’s Gone Stark Raving Mad“ and runs the Web site HomeInvasion.org.