COURT Rejects University’s Use of FERPA to Withhold Police Records
A Connecticut state court judge rebuffed Central Connecticut State University’s attempt to use FERPA to deny an accused student access to evidence against him. The decision is a shot across the bow for schools considering invoking FERPA to withhold police records during disciplinary proceedings even though FERPA explicitly excludes law enforcement records from being withheld. The university’s distorted interpretation of FERPA is noteworthy because it perversely construed the statute, which was designed to protect students’ rights, to require the denial of one of the most fundamental due process rights of the accused-the right to present a defense.
www.thefire.org By Zach Greenberg
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