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Victory it does not require colleges and universities

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victory, it does not require colleges and universities to disclose the final results of judicial procedures, as disclosure is permissive (Walton, 2002). Through the Higher Education Amendments of 1998, Congress also acted to curb underage alcohol and drug consumption at colleges and universities by permitting disclosure of violations relating to the use or possession of alcohol or controlled substances, regardless of whether those violations are documented in the student’s education records (Salzwedel & Ericson, 2003). When a college student under 21 is disciplined for an alcohol or drug violation, the 1998 FERPA amendments permitted disclosure of the violation to the student’s parents (Baker, 2001), and regardless of whether the students are financial dependents for tax purposes (Huefner & Daggett, 2001). This new exception is limited to institutions of higher education; no formal disciplinary proceeding is required to determine that drug or alcohol policy has been violated; institutions may follow their own procedures in making such a determination; and the exception does not override state law that prohibits such disclosures (Huefner & Daggett, 2001). Three amendments (collectively entitled the Campus Sex Crimes Prevention Act) to three different statutes were enacted in 2000 to help protect campus communities from known sex offenders (Huefner & Daggett, 2001). The Campus Sex Crimes and Prevention Act permits limited disclosure of a student’s sex-offender status, ostensibly to curb the threat that convicted sex offenders would go unnoticed in university campuses (Salzwedel & Ericson, 2003). The first amendment, to the Violent Crime Control and Law Enforcement Act of 1994, requires registered sex offenders to notify the state if they enroll or work in a higher education institution (Huefner & Daggett, 2001). In turn, under an amendment to the Higher Education Act, the state must inform the higher education institutions concerning how to access the information (Huefner &
32 Daggett, 2001). Finally, under FERPA, those institutions are not prohibited from disclosing the information that they obtain about registered sex offenders who are enrolled on their campuses (Huefner & Daggett, 2001). The No Child Left Behind Act (NCLB) of 2001 amended FERPA requiring schools to provide certain directory information (names, addresses, and phone numbers) to military recruiters; however, it also stipulates that educational institutions must notify parents of this requirement and provide opting out (Toglia, 2007). NCLB also requires school to transmit records related to suspension and expulsion of students transferring to any public or private school (Toglia, 2007). Finally, in response to the September 11 attacks, Congress again amended FERPA to permit the federal government to request and collect certain records in the possession of colleges or universities that are relevant to a terrorist-related investigation (Salzwedel & Ericson, 2003).

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Law, Privacy law, FERPA

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