Balancing Law Student Privacy Interests and Progressive Pedagogy: Dispelling the Myth that FERPA Prohibits Cutting-Edge Academic Support Methodologies

Abstract

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.

Keywords: FERPA, legal education, civil rights, academic support