In light of recent school violence, the U.S. Department of Education took the first step Monday in clarifying rules about releasing student information under the Family Educational Rights and Privacy Act.
The department proposed new regulations to the law, known as FERPA, to update its rules and make them clearer to universities. F-ERPA regulates the circumstances in which universities can release student information.
The clarifications were proposed in response to concerns from several universities, said Jim Bradshaw, a spokesman for the U.S. Department of Education.
"This proposal is in response to feedback from schools in the wake of Virginia Tech," he said. "In fact, Virginia Tech in particular expressed concerns."
Professors of Virginia Tech gunman Seung-Hui Cho, who had a history of mental health problems, said they were unsure whether they were legally allowed to release concerns about his situation to his parents, Bradshaw said.
"We want to clarify for schools that they may release information on students that are considered to be a threat to themselves and to others," he said. "It just wasn't crystal clear the way we hope this will be."
The 30-page proposal has been posted online for the public to review, Bradshaw said.
After reviewing public comments, the Department of Education hopes to publish final regulations in fall 2008. Comments must be received by May 8.
The proposed updates will not drastically change the law, and Nancy Tribbensee, a legal counsel for the Arizona Board of Regents, said they are a natural step, given the changes in society since FERPA was enacted in 1974.
"I think they're reflecting the guidance that we've received from the Federal Education Department," she said. "It's only natural to bring the law up to date."
Tribbensee said she thinks the new regulations will not change the way she and her colleagues do business, but they may alleviate confusion in other parts of the country about certain sections of the law.
"I think it has been mostly media reports that inaccurately represented the law that have caused some confusion," she said. "We would give the same advice as before."
One area of the law that caused confusion is the rules dealing with the release of students' mental health information.
Tribbensee said schools have always been allowed to release the information, if faculty believes the students are at risk, but administrators are often cautious about doing so.
"[The proposal] is certainly reasonable," Tribbensee said. "It's certainly what we would expect."
ASU had no comment on the proposed changes because they are not yet law, said Sharon Keeler, a University spokeswoman.
With regards to safety at ASU, the University is still working on its campus safety report and it is uncertain when it will be released, she added.
Anthony Bell, an economics junior, said he thinks the proposed regulations would make students safer, if they were enacted.
"I know I would want my school to know what they can and can't do where safety comes into things," he said. "Usually I'd say I'm all for more privacy, but if these are already the rules, I say go for it."
Reach the reporter at: emma.breysse@asu.edu.
