United States v. Miami University (Ohio) EDL: 276 Applications of School Law, Mandates and Policies

Is it appropriate for a students disciplinary records to be publicly released? Question the Case Attempts to Answer

Summary of Facts In 1995, Miami University’s editor in chief of the student newspaper sought disciplinary records of students attending university for purposes of tracking crimes. University initially refused Newspaper made another request based upon the Ohio Public Records Act. In response, Miami University released the records after removing information that could personally identify individuals.

Court & Preliminary Decisions Student editors sought more information and filed a writ of mandamus (court order to a government agency to follow the law), which the Ohio Supreme Court granted Ohio Supreme Court found that student disciplinary records were not education records covered by FERPA (Family Educational Rights and Privacy Act) Chronicle of Higher Education requested disciplinary records from both universities for 1995 & 1996 (student names be intact)

Court & Preliminary Decisions Both Ohio State and Miami University release the records which contained personally identifiable information Universities informed the Dep. of Education of their difficulty in complying with both Ohio Supreme Court and FERPA Department of Education filed a complaint against the universities and then a motion for summary judgment.

Final Decision District court determined that the disciplinary records were in fact education records under FERPA. 6 th Circuit Court of Appeals affirmed the district court ruling and clarified the phrase educational records to include records containing information directly relating to a student that are maintained by an educational agency

Implications for Schools FERPA – Disclosing information that identifies the student without consent is in direction violation of FERPA. Schools may not release student information without consent Schools must keep student records confidential