The Campus Litigation Privacy Act of 2015: In Support of a FERPA Amendment Closing the Privacy Gap for University Student Litigants’ Counseling Records

33 Pages Posted: 4 Jun 2019

See all articles by Marin Dell

Marin Dell

Texas Tech University School of Law

Date Written: May 7, 2019

Abstract

This paper calls for Congress to pass the Campus Litigation Privacy Act of 2015, a FERPA amendment, which closes the privacy gap for student litigants at the federal level and protects their university counseling records across the United States. As currently enacted, FERPA contains a privacy gap in its statutory language that provides for lawful disclosure of a university student litigant’s mental health counseling records. This disclosure is allowed by law when the student sues the university where they have been receiving counseling and they put their mental state at issue in the lawsuit. FERPA treats their mental health counseling records as education records and, in the absence of a higher privacy protection in the state the university is located, allows for disclosure of the records to university counsel.

Keywords: FERPA, student records, Campus Litigation Privacy Act of 2015

JEL Classification: I24, K10

Suggested Citation

Dell, Marin, The Campus Litigation Privacy Act of 2015: In Support of a FERPA Amendment Closing the Privacy Gap for University Student Litigants’ Counseling Records (May 7, 2019). Available at SSRN: https://ssrn.com/abstract=3388987 or http://dx.doi.org/10.2139/ssrn.3388987

Marin Dell (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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