Dive Brief:
- U.S. Rep. Suzanne Bonamici (D-OR) sent a letter to the U.S. Department of Education requesting clarification about whether FERPA allows universities to access a student’s on-campus treatment records as education records to defend themselves against litigation.
- The letter was seemingly in response to the University of Oregon using a student’s counseling records to defend itself in a lawsuit about its handling of rape allegations on campus, the Chronicle of Higher Education reports.
- Last week, the Department of Education said FERPA does allow colleges to act as the University of Oregon did, but it also reportedly reminded higher education institutions of their responsibility to provide environments free of sexual harassment to all students.
Dive Insight:
Bonamici is a member of the House Education Committee, which has some control over FERPA. On her website, she said she is “troubled” by the apparent loophole in federal law and plans to collaborate with the Department of Education to continue the work against campus sexual assault. The University of Oregon’s actions have been criticized by many but so far they haven’t been shown to be illegal. Bonamici’s letter will force the Department of Education to state its policies explicitly, and the response may provide a starting point for policy changes.