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FERPA also permits a school to disclose personally identifiable information from education records of an "eligible student" (a student age 18 or older or enrolled in a postsecondary institution at any age) to his or her parents if the student is a dependent "student" as that term is defined in Section 152 of the Internal Revenue Code.
Student educational records, according to the FERPA statute, is defined as "those records, files, documents, and other materials which--(i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution." [4]
The court reaffirmed the department's broad reading of the term "educational records" and stated that Congress, in amending FERPA in 1998 to allow post-secondary institutions to disclose the final results of disciplinary proceedings, must have intended that disciplinary records be education records or this amendment would be "superfluous".
The court reasoned that this does not grant any personal rights to enforce under the civil rights provisions of § 1983, since the statute only addresses federal funding. [ 2 ] [ 1 ] See also
They affirmed in regards to the 14th Amendment complaint, but reversed on the FERPA claim, stating that the peer grading act did violate the terms of FERPA. The school board then appealed this to the Supreme Court of the United States, where it was heard on November 27, 2001, and decided on February 19, 2002.
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains...
The judges of the Federal Circuit as of 2016. The Federal Circuit may have a total of 12 active circuit judges sitting at any given time, who are required to reside within 50 miles of the District of Columbia, as set by 28 U.S.C. § 44. Judges on senior status are not subject to this restriction.
A campus safety advocacy group called the scandal "the most extensive investigation the Department of Education has ever conducted". [ 19 ] November 3, 2016 The U.S. Department of Education announced that it is seeking to impose on Penn State University, a record fine at the time of nearly $2.4 million for 11 cited violations.