As colleges and universities know, higher education institutions have a duty to protect the confidentiality of student records, codified in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g. When such documents are requested in the course of litigation, FERPA dictates the processes and standards a school must apply in response. The discussion that follows answers the following questions:
- When if ever must a school provide student information to a third party during litigation?…