Educational Records
USA PATRIOT ACT of 2001 Allows Non-consensual Disclosure of Student Data to Assist in Terrorism Investigations. The USA PATRIOT ACT created a new FERPA exception to the general rule that written consent of the student is required to release private educational data to a third party. This provision of the law authorizes a "court of competent jurisdiction" to issue an ex parte order, upon written application of the U.S. Attorney General or other Federal officer or employee "in a position no lower than an Assistant (U.S.) Attorney General," requiring a school to produce education records "relevant to an authorized investigation or prosecution of [a specified crime of terrorism] or an act of domestic or international terrorism."
The FPCO in the Department of Education has issued a "Dear Colleague" letter concerning these issues and it is available online at www.ed.gov/offices/OM/fpco/pdf/htterrorism.pdf. As with any subpoena or court order, it is important to consult with the AGO or OGC for assistance in responding, whenever possible.
You may review a PDF version of a Power Point presentation on the student data portion of Minnesota Government Data Practices Act and the Family Education Rights Privacy Act (FERPA). The content is introductory, not comprehensive.
