On Januthe Tribune filed an action for declaratory relief seeking a declaration from the court that FERPA does not bar the release of the records in question. The Tribune responded with a letter appealing the denial to the University’s President, who responded by contending that FERPA prevented release of the records. The University of Illinois denied the request, relying on the section 7(1)(a) exemption and taking the position that federal law, specifically FERPA, prohibited the release of the requested information. Stat 140/1, seeking to inspect: the public records of each attending Category I applicant admitted, the names and addresses of said applicants’ parents, the identities of individuals who had made the request and become involved in the application process, and records concerning the identity of the University officials to whom the request was made, forwarded, and any documents reflecting changes in the application status as a result.
The Chicago Tribune submitted a FOIA request, 5 Ill. As a result, the Governor of Illinois convened a commission to study the admissions process.
IPIC CHICAGO SERIES
In May 2009, the Chicago Tribune published a series of articles entitled “Clout Goes to College” regarding University of Illinois admission practices, which involved an investigation into a list of applicants, which it labeled “Category I”, many of whom included the relatives of influential individuals who were alleged to have received preferential treatment throughout the admissions process. of Public Health, the Supreme Court of Illinois acknowledged that although FOIA aims to protect personal privacy, there are exceptions to the general rule of disclosure that must be construed narrowly. In United States v Miami University, the Sixth Circuit granted the federal government an injunction preventing Miami University from releasing certain education records following a request under Ohio’s FOIA, which contained a similar exemption to that of Illinois, for information “the release of which is prohibited by state or federal law.” The Sixth Circuit viewed Spending Clause conditions as similar to those of contracts between state and federal government, allowing the federal government the right to enforce the state’s promise to abide by FERPA conditions once it has accepted federal education funds. In Gonzaga University v Doe, the Supreme Court held that FERPA’s non-disclosure provisions do not create personally enforceable rights under § 1983.
IPIC CHICAGO FREE
In Bowie v Evanston Community School, the Supreme Court of Illinois recognized that Illinois public policy encourages the free flow of information and open access to official records. In South Dakota v Dole, the Supreme Court held that under the Spending Clause, Congress can set conditions on expenditures even though it might be powerless to compel a state to comply under the enumerated powers in Article I. 140/7(1)(a).įERPA provides that “no funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein) of students without the written consent of their parents to any individual, agency or organization…” 20 U.S.C.
Section 7 provides a list of exemptions from the general open access policy, the first of which prevents the release of “information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or state law.” 5 Ill. The FOIA provides that “each public body shall make available to any person for inspection or copying all public records, except as otherwise stated in Section 7 of this Act” 5 Ill.
The central issue in Chicago Tribune is whether the Family Educational Rights and Privacy Act (FERPA) barred the release of university admission records under Illinois’ Freedom of Information Act (FOIA). The Seventh Circuit ultimately remanded the case to the district court with an order to dismiss the case for a lack of subject-matter jurisdiction. EPIC’s brief argues that Congress intended to protect student records, including admissions files, from unauthorized release and that Illinois’ open government law must yield to the federal privacy law. University of Illinois, a Seventh Circuit case that concerns the right of schools to protect student records in the face of Freedom of Information requests. EPIC filed an amicus brief in Chicago Tribune v.
0 kommentar(er)
