Disclosure of Education Records Concerning Registered Sex Offenders

    The U.S. Department of Education recently released guidance through an electronic announcement concerning an amendment to the Family Educational Rights and Privacy Act of 1974 (FERPA).  The Campus Sex Crimes Prevention Act (CSPCA) amended FERPA to ensure that educational institutions may disclose information concerning sex offenders.

    The CSCPA also enacted two amendments to Federal education laws.  One of these is an amendment to the Higher Education Act of 1965, as amended, (HEA) which requires institutions of higher education to advise the campus community where it can obtain the information about registered sex offenders provided by the State, such as the campus law enforcement office, a local law enforcement agency, or a computer network address.  The other is the FERPA amendment, which makes it clear that FERPA does not prevent educational institutions from disclosing such information.  Please refer to this announcement and the accompanying detail at this internet address: http://www.ifap.ed.gov/eannouncements/1028CampusSexCrimesAct.html.

    In addition, the Secretary of Education has amended the Student Assistance General Provisions regulations to reflect changes made to the HEA by the CSPCA.  Institutions must include a new disclosure in their annual security reports beginning with those that are due October 1, 2003.  Such disclosure must include a statement advising the campus community where law enforcement agency information concerning registered sex offenders may be obtained.  This announcement can be found in the Federal Register dated October 31, 2002, Volume 67, Number 211 at http://www.ifap.ed.gov/fregisters/FR1031200204.html.

    If you need a hard copy of these announcements please contact Stacey Fabros at 801.321.7211.  If you have any questions regarding this Bulletin, please contact the UHEAA Policy and Training Department at 801.321.7166 or by e-mail to mjohnson@utahsbr.edu.