Higher Education Legal Resources
FERPA
1998 FERPA AMENDMENTS REGARDING ALCOHOL AND DRUG VIOLATION DISCLOSURES
SEC. 952. ALCOHOL OR DRUG POSSESSION DISCLOSURE.
Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) is amended by adding at the end the following:
"(i) DRUG AND ALCOHOL VIOLATION DISCLOSURES.-
"(1) IN GENERAL.-Nothing in this Act or the Higher Education Act of 1965 shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if-
"(A) the student is under the age of 21; and
"(B) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.
"(2) STATE LAW REGARDING DISCLOSURE.-
Nothing in paragraph (1) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection (a).''.