Protecting student privacy, or hiding key details from the public? How schools use or misuse a 50-year-old law you might not know about

CNN - May 10th, 2025

A young boy's family is denied access to surveillance footage of a playground incident due to the school's interpretation of FERPA, the Family Educational Rights and Privacy Act, which they claim protects student privacy. This incident highlights a broader issue across the U.S. where schools and universities frequently deny information under the guise of FERPA, even in cases where public safety might be at risk. CNN Senior Counsel Frank LoMonte explains that many educational institutions misinterpret FERPA, using it to withhold information unnecessarily.

FERPA, intended to protect certain sensitive student records, has become a barrier to transparency and accountability in schools. The law was created in 1974 to address specific privacy concerns, but its application has expanded beyond its original intent. Schools often invoke FERPA to resist oversight, protecting their reputations at the expense of transparency and public safety. This misuse of FERPA prevents families, journalists, and the public from accessing information that could be crucial for ensuring safety and fairness in educational environments.

Public Safety Transparency Ferpa Family Educational Rights And Privacy Act Student Privacy Frank Lo Monte Schools And Universities

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RATING

7.4

Fair Story

Consider it well-founded

The article provides a comprehensive examination of FERPA and its implications for student privacy and transparency in education. It effectively highlights the challenges and misinterpretations of the law, supported by expert commentary from a credible source. The story is timely and relevant, engaging with ongoing debates about privacy and accountability in educational institutions.

While the article is accurate and well-written, it could benefit from a broader range of perspectives and more explicit transitions between sections to enhance clarity. The narrative's focus on negative aspects of FERPA's implementation may skew the reader's perception, and including more balanced viewpoints would provide a fuller picture.

Overall, the article is informative and raises important questions about FERPA's impact on public safety and transparency. By addressing these issues, the story contributes to broader discussions about privacy and accountability in education, with the potential to influence public opinion and policy discussions.

Accuracy

The story accurately describes FERPA's purpose and the issues surrounding its interpretation. It correctly states that FERPA was enacted in 1974 to protect student privacy and that it applies to educational institutions receiving federal funds. The article highlights common misinterpretations of FERPA, such as schools withholding information not protected by the law, which aligns with expert opinions.

However, the article's claim that schools often misuse FERPA to withhold information requires careful verification. While the examples provided, such as the Arkansas family's case, are plausible, they need corroboration from independent sources or case studies. The story's assertion that FERPA is often misused due to poor training or intentional misapplication is supported by expert commentary, but further evidence is needed to generalize this claim.

The article's discussion of FERPA's exceptions and limitations is accurate, noting that FERPA protects specific education records rather than general information. The piece accurately conveys that the law's enforcement lacks direct consequences for overprotecting information, a point supported by experts.

Overall, the article is factually accurate, but some claims would benefit from additional verification to strengthen the narrative.

Balance

The article presents a balanced view by including expert opinions and examples of FERPA's application and misinterpretation. It features insights from Frank LoMonte, a legal expert, providing a credible perspective on the issue. The story effectively highlights both the intended purpose of FERPA and the challenges arising from its misuse.

However, the article could improve its balance by including more perspectives, such as those from school administrators or legal experts who support the current interpretation of FERPA. Including viewpoints from parents or students affected by FERPA's application would also enrich the narrative and provide a more comprehensive understanding of the issue.

The article predominantly focuses on the negative aspects of FERPA's implementation, which may skew the reader's perception. A more balanced approach would involve discussing instances where FERPA successfully protects student privacy, providing a fuller picture of its impact.

Clarity

The article is well-structured and clearly communicates the complexities of FERPA and its implications for student privacy. The language is straightforward, making the content accessible to a general audience. The use of expert commentary helps clarify the legal intricacies of FERPA, contributing to the story's overall clarity.

The logical flow of the article is generally strong, with a clear progression from explaining FERPA's purpose to discussing its misinterpretation and potential consequences. However, the piece could benefit from more explicit transitions between sections to guide the reader through the narrative more smoothly.

The article's tone is neutral and informative, avoiding sensationalism and focusing on factual information. This approach enhances the story's clarity and helps maintain the reader's trust in the content.

Source quality

The article relies on credible sources, particularly Frank LoMonte, a well-respected legal expert with experience in student privacy law. His background as a former executive director of the Student Press Law Center and former director of the Brechner Center for Freedom of Information lends authority to the story.

While the article effectively uses LoMonte's expertise, it would benefit from a broader range of sources. Including perspectives from school administrators, legal scholars, or government officials would provide a more nuanced view of FERPA's implementation and its challenges.

The story's reliance on a single expert limits the diversity of viewpoints. Expanding the source pool would enhance the article's credibility and provide a more comprehensive understanding of FERPA's impact on schools and students.

Transparency

The article provides a clear explanation of FERPA's purpose and the issues surrounding its interpretation, but it lacks transparency regarding the methodology used to gather information. The story does not specify how the examples were selected or whether they are representative of broader trends.

The article's reliance on expert commentary is transparent, as it clearly attributes insights to Frank LoMonte. However, the story would benefit from disclosing any potential conflicts of interest or biases that might influence the expert's perspective.

Overall, the article's transparency could be improved by providing more context on the selection of examples and the potential biases of sources. This would enhance the reader's understanding of the story's basis and its implications.