Personal Privacy in an Information Society. Endnotes

07/12/1997

1 "Educational institution" or "educational agency or institution" means any public or private agency or institution which is the recipient of funds under any Federal program for which the U.S. Commissioner of Education has administrative responsibility, as specified by law or by delegation of authority pursuant to law. The term refers to the agency or institution recipient as a whole, including all of its components (such as schools or departments in a university) and shall not be read to refer to one or more of those components separate from that agency or institution. 20 U.S.C. 1232g(a)(8).

2 "Education records" are those records which: (1) are directly related to a student, and (2) are maintained by an educational agency or institution or by a party acting for the agency or institution. 20 U.S.C. 1232g(a)(4).

3 See, for example, written statement of Franklin and Marshall College, Education Records, Hearings before the Privacy Protection Study Commission, November 11, 1976, pp. 7-15; (hereinafter cited as "Education Records Hearings")

4 Testimony of the Los Angeles Unified School District, Education Records Hearings, October 7, 1976, pp. 8-100.

5 Los Angeles City School Districts, Division of Elementary Education, Guidance and Counseling Section, Cumulative Record Handbook for Elementary Schools: A Guide for Teachers, Tentative Edition, December 1968.

6 Elizabeth Becker, "Parents say `School board is prying,"' Washington Post, May 6, 1976, Maryland Section, p. 6.

7 Testimony of Stefan Javanovich of the Urban Policy Research Institute, Education Records Hearings, October 7, 1976, pp. 121-22.

8 Testimony of the Medical School, University of California, Los Angeles, Education Records Hearings, October 8, 1976, pp. 556-58.

9 Submission of National Student Association, Education Records Hearings, November 12, 1976.

10 Testimony of National Student Association, Education Records Hearings, November 12, 1976, pp. 392-93.

11 See, for example, Testimony of Goucher College, Education Records Hearings, November 11, 1976, pp. 276-77; Testimony of University of Maryland, Education Records Hearings, November 11, 1976, pp. 293-96; and Memoranda of staff interviews with admissions officials of the University of California, San Diego and the University of California, Los Angeles.

12 See, for example, Testimony of Goucher College, Education Records Hearings, November 11, 1976, pp. 276-77; and Testimony of University of Maryland, Education Records Hearings, November 11, 1976, pp. 282-83.

13 Memoranda of staff interviews with Mr. Frank Till, Director of Information Services of the National Student Association, July 1976.

14 Testimony of Yale University, Education Records Hearings, November 11, 1976, pp. 68-69.

15 Testimony of Educational Testing Service, Education Records Hearings, November 12, 1976, pp. 301-19.

16 Testimony of Ohio State University College of Law, Education Records Hearings, November 11, 1976, pp. 159-80.

17Diana v. California Board of Education, Docket No. C-70-37-RFP (N.D. Calif. 1970); P. v. Riles; 343 F. Supp. 1306 (N.D. Calif. 1972), Aff'd 502 F. 2d 963 (9th Cit. 1974).

18Goss Y. Lopez, 419 U.S. 565 (1975); Wood v. Strickland, 420 U.S. 308 (1975); Wisconsin v. Yoder, 406 U.S. 205 (1972).

19Russell Sage Foundation, Guidelines for the Collection, Maintenance, and Dissemination of Pupil Records, Report of a Conference on the Ethical and Legal Aspects of School Record Keeping, June 12-14,1972.

20 Russell Sage Foundation, Student Records in Higher Education: Recommendations for the Formulation and Implementation of Record-Keeping Policies in Colleges and Universities, June 12-14,1975.

21National Committee for Citizens in Education, Children, Parents, and School Records, 1974, p. 309.

22 P.L. 93-380.

23 P.L. 93-568.

24 Jane McHugh, "GW Witholding Iranian Info," The Hatchet, February 17, 1977, p. 3.

25 See, for example, Testimony of Franklin and Marshall College, Education Records Hearings, November 11, 1976, pp. 9-15; Testimony of San Diego Unified School District, Education Records Hearings, October 7, 1976, pp. 207-22 and pp. 250-59; and Testimony of University of California, Los Angeles, Education Records Hearings, October 8, 1976, pp. 487-89.

26 Testimony of San Diego Unified School District, Education Records Hearings, October 7, 1976, pp. 252, 274-76.

27 Testimony of National Association of State Universities and Land Grant Colleges, Education Records Hearings, October 7, 1976, p. 252.

28 Testimony of San Diego Unified School District, Education Records Hearings, October 7, 1976,p.270.

29 Testimony of Stefan Javanovich, Urban Research Policy Institute, Education Records Hearings, October 7, 1976, pp. 121-24.

30 Testimony of University of California Student Lobby, Education Records Hearings, October 8, 1976, pp. 563-70; and Testimony of National Student Association, Education Records Hearings, November 12, 1976, pp. 394-95.

31 National Committee for Citizens in Education, op. cit..

32 Testimony of Los Angeles Unified School District, Education Records Hearings, October 7, 1976, pp. 16-26, 40-45; and Testimony of Juvenile Services Division, Los Angeles Police Department, Education Records Hearings, October 8, 1976, pp. 288-91, 303-07, 309-20.

33 Testimony of Parent Education Center, Education Records Hearings, October 7, 1976, pp. 172-84; and Testimony of American Civil Liberties Union's Student Rights Center, Education Records Hearings, October 8, 1976, pp. 360-64.

34 Testimony of Ohio State University College of Law, Education Records Hearings, November 11, 1976, pp. 177-78; and Testimony of National Association of State Universities and Land Grant Colleges, Education Records Hearings, November 11, 1976, p. 127.

35 Testimony of National Association of State Universities and Land Grant Colleges, Educational Records Hearings, November 11, 1976, p. 127.

36 See, for example, Testimony of Ohio State University College of Law, Education Records Hearings, November 11, 1976, p. 163 and pp. 184-185; Testimony of Ralph Nader, Education Records Hearings, November 11, 1976, pp. 216-217; and Testimony of Educational Testing Service, Education Records Hearings, November 12, 1976, pp. 348-55.

37 "Unacknowledged repeaters" are individuals who have taken an examination, particularly the Law School Admissions Test, previously but fail to indicate on their application form that they have taken such a previous examination; see Kim Masters "ETS's Star Chamber," The New Republic, February 5, 1977, pp. 13-14.

38 See, for example, Testimony of Ohio State University College of Law, Education Records Hearings, November 11, 1976, pp. 177-78; Testimony of National Association of State Universities and Land Grant Colleges, Education Records Hearings, November 11, 1976, p. 127; Testimony of Yale University, Education Records Hearings, November 11, 1976, p. 51; and Testimony of Franklin and Marshall College, Education Records Hearings, November 11, 1976, pp. 11-13.

39 See, for example, Blair v. Union Free School Dist., 67 Misc. 2d 248, 324 N.Y.S. 2d 222, (1971); Everest v. McKenny, 195 Mich. 649,162 N.W. 277 (1917); Morris v. Rousos, 397 S.W. 2d 504, (Tex. Civ. App., 1965); cert. denied, 385 U.S. 868 (1965); Morris v. Univ. Texas, 352 S.W. 2d 947 (Tex. 1962), cert. denied, 371 U.S. 953 (1963); and Morris v. Nowotny, 323 S.W. 2d 301, (Tex. Civ. App. 1959), cert. denied, 385 U.S. 868 (1965).

40The Commission feels that administrative services organizations should be exempt from this requirement.