Sender: Rare Books and Special Collections Forum <EXLIBRIS@RUTVM1.BITNET>
From: Peter Graham, Rutgers University Libraries
3-screen message: text follows of ALA Newsletter piece on theses.
--pg
ISSN
1069-7799
ALAWON
ALA Washington Office Newsline
An electronic publication of the
American Library Association Washington Office
Volume 2, Number 35
August 26, 1993
In this issue: (322 lines)
DISTRESSING DISSERTATION DEVELOPMENT
ELECTRONIC WHITE HOUSE RECORDS
OMB RELEASES REVISED CIRCULAR A-25
REGISTER OF COPYRIGHTS RALPH OMAN TO RESIGN
CLINTON PLANS TO NOMINATE DIMARIO TO BE PUBLIC PRINTER
NATIONAL SERVICE TRUST ACT
STUDENT LITERACY/MENTORING CORPS GRANTS AVAILABLE
LITERACY GRANTS AVAILABLE
U.S. INSTITUTE FOR PEACE GRANTS AVAILABLE
A NOTE TO NEW ALAWON SUBSCRIBERS
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DISTRESSING DISSERTATION DEVELOPMENT
A recent AP news release reports that the U.S. Department of Education
has
ruled that masters and doctoral theses are considered to be student
"education records," similar to grade records, and are therefore
subject to
the Family Educational Rights and Privacy Act (FERPA). Accordingly,
students' theses may not be accessed by academic researchers without
the
permission of the student authors. An opinion issued by LeRoy S.
Rooker,
Director of the Family Policy Compliance Office, U.S. Department of
Education, stated:
As you know, FERPA generally protects a student's privacy
interests
with regard to "education records." "Education records" are
defined
as those records that are 1) directly related to a student and 2)
maintained by an educational agency or institution or a party
acting
for the agency or institution. 34 CFR 99.3. Accordingly, any
records
which are directly related to a student and are maintained by the
University are education records subject to the provisions of
FERPA.
Thus, there are no distinctions between undergraduate and
graduate
theses.
FERPA prevents subject educational agencies and institutions from
disclosing education records without prior written consent, with
specified exceptions 34 CFR 99.30 and 99.31. None of the
exceptions
would permit making student theses available to the public, such
as in
the University Library, without first obtaining written consent
from
the student. Further, the written consent must specify the
records
that may be disclosed; state the purpose of the disclosure; and
identify the party or class of parties to whom the disclosure may
be
made. 34 CFR 99.30(b). This Office recognizes that
undergraduate
honors theses and graduate theses differ in nature from typical
student research papers and other education records in that
theses
often become research sources themselves and are on occasion
published. As such, this Office would consider any written
statement
by a student permitting publication of a thesis sufficient
consent
under FERPA because such statement shows that the student
intended the
work to become publicly available.
Rooker told the ALA Washington Office that his office would not take
any
action on this issue unless they receive a complaint.
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Peter Graham psgraham@gandalf.rutgers.edu Rutgers University Libraries
169 College Avenue, New Brunswick, NJ 08903 (908)932-5908 Fax:(908)932-5888