FERPA’s Faux Pas: A Call for Enforceable Student Rights To Combat State Disclosure Laws

Comment by Tyler J. Dunphy

Recognizing the numerous state disclosure laws, this Comment serves as a call to Congress to reform FERPA to ensure protection of student privacy rights. Congress should reform 20 U.S.C. § 1232g(b) to grant students individual enforceable rights through a 42 U.S.C. § 1983 action. This congressional action would serve as notice to courts that FERPA prohibits universities from disclosing private information and falls under the exceptions of state freedom of information acts. Further, providing students with actionable rights would bring students back into the discourse and grant students a meaningful remedy for their educational institutions’ violations of FERPA.

About the Author

J.D. candidate 2017, Tulane University Law School; MBA 2013, University of Louisiana at Lafayette; B.A. 2011, University of Louisiana at Lafayette.


91 Tul. L. Rev. 537 (2017)