Great news for those of us who worry about the increasing tendency of college administrations to throw the excuse of FERPA at every public records request: The University of Maryland will now have to release the names of those who violate the school’s code for sexual assault after the state’s Attorney General ruled that releasing the names of convicted offenders doesn’t violate the educational privacy law.

This is great news for all journalists, but especially college newspapers. FERPA — the Family Educational Rights and Privacy Act — was meant to protect student academic records. But college administrators have used the gray area of the law to deny access to a range of records that were never intended to be restricted.

The Daily Tar Heel has fought against the misuse of FERPA for years, notably by challenging a 1996 decision to restrict DTH reporters from attending the disciplinary proceedings against two students accused of stealing copies of a conservative on-campus magazine. More recently, we’ve been denied access to petitions collected by student body president candidates with the argument that providing the names of students signers would violate their FERPA rights (I’d link, but the paper’s archives from the 2008-09 school year aren’t online). We’ve also been denied access to e-mails between the parents of a student shot by police earlier this year and the chancellor, again in the name of FERPA.

While any misuse of FERPA is cause for alarm, the situation in the Diamondback article touches on one of the most important reason why significant FERPA reform is needed. Student honor and disciplinary courts wield an enormous amount of power, with the ability to suspend and expel students for actions that now are often shrouded in secrecy. There is a reason that criminal courts operate publicly: Anyone accused of a crime should be granted an opportunity to confront their accusers, something that can’t be ensured if courts are sealed from observers in the name of FERPA.

FERPA resources

• The Reporter’s Guide to FERPA, compiled by Sonny Albarado for the Society of Professional Journalists
• Have a FERPA horror story? E-mail DTH General Manager Kevin Schwartz, who is collecting tales of FERPA misuse to mount a campaign for reform.