Return-Path: <nifl-povracelit@literacy.nifl.gov> Received: from literacy (localhost [127.0.0.1]) by literacy.nifl.gov (8.10.2/8.10.2) with SMTP id g5Q0QwX03594; Tue, 25 Jun 2002 20:26:58 -0400 (EDT) Date: Tue, 25 Jun 2002 20:26:58 -0400 (EDT) Message-Id: <006d01c21ca7$020826c0$a859f7a5@oemcomputer> Errors-To: listowner@literacy.nifl.gov Reply-To: nifl-povracelit@literacy.nifl.gov Originator: nifl-povracelit@literacy.nifl.gov Sender: nifl-povracelit@literacy.nifl.gov Precedence: bulk From: "Mary Ann Corley" <macorley1@earthlink.net> To: Multiple recipients of list <nifl-povracelit@literacy.nifl.gov> Subject: [NIFL-POVRACELIT:844] Recent Supreme Court Ruling X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas X-Mailer: Microsoft Outlook Express 5.50.4807.1700 Content-Transfer-Encoding: 8bit Content-Type: text/plain; Status: O Content-Length: 3353 Lines: 60 washingtonpost.com Court Bars Student Suit Under U.S. Privacy Law University Released Allegation of Crime >From News Services Friday, June 21, 2002; Page A08 The Supreme Court yesterday barred students from using federal privacy law to sue schools that divulge their personal information. The 7 to 2 decision protects public and private schools and universities from costly court judgments for breaking the law that requires them to keep educational records secret. It is a defeat for parents and privacy advocates who contend the law can be ignored with few consequences. The main punishment is the threat of loss of federal money, justices said in siding with a college accused of leaking unproven date rape accusations. The ruling overturns a Washington state Supreme Court decision. It could affect lawsuits not just under the education privacy statute but also many other laws that do not explicitly say violators can be sued. Chief Justice William H. Rehnquist, writing for the majority, said the privacy act gives "no specific, individually enforceable rights." The case pitted administrators of a private Jesuit college in Washington state against a student who said his hopes of becoming a teacher were ruined by allegations he sexually assaulted a fellow student. The allegations were denied by the alleged victim. A jury ordered Gonzaga University to pay Ru Paster $450,000 for violating the privacy law by releasing details of the allegation to the state education department, which was considering issuing Paster a teaching certificate. The Supreme Court said Paster was entitled to nothing under the Family Educational Rights and Privacy Act because the 1974 law does not say anything about private lawsuits for violations. In a dissent, Justice John Paul Stevens, joined by Justice Ruth Bader Ginsburg, said the ruling gives few options to people who are wronged under this law, and probably many other laws. The privacy law gives parents or adult students veto power over release of school records, and denies federal funding to schools that have a "policy or practice" of releasing information to unauthorized outsiders. It applies to any school, from kindergarten through graduate school, that receives federal money. The law covers such information as race, religion, grades, attendance and disciplinary actions. The court's decision does not stop students from filing lawsuits on other grounds. Paster also accused the school of defamation, invasion of privacy, negligence and breach of contract. He was awarded about $600,000 on those claims, which are not being contested in this case. Separately, the Supreme Court ruled yesterday that a 1994 federal law deregulating the trucking industry still gives city governments the power to regulate tow-truck companies. The high court, voting 7 to 2, sided with the U.S. Transportation Department's position that local government retained the authority to regulate the safety of tow-truck operations even after Congress enacted the law. The ruling was also a victory for the city of Columbus, Ohio, where tow-truck operators must obtain a license, maintain insurance and abide by various safety and operating standards. Ours Garage & Wrecking Service Inc. had challenged the regulations, saying the federal law preempted local regulation. © 2002 The Washington Post Company
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