Contacting the parents of college students, under 21 years old, who are caught smoking or possessing marijuana is now up to the discretion of the school under new regulations issued by the the United States Department of Education.
The new regulations comply with changes made by Congress in 1998 to the Family Educational Rights and Privacy Act during its review of the Higher Education Act. The privacy law previously prohibited releasing student records without the student’s consent, but Congress exempted drug use from the student privacy protections in an ongoing attempt to curb illegal drug use and underage drinking.
Under the new rules, colleges do not have to hold disciplinary hearings before contacting parents, nor do they have to contact the student involved. The decision to contact a student’s parent is up to the discretion of the college, but if a parent is contacted, the school must keep a record of the disclosure and provide it to the student upon request.
“Congress continues to perpetuate a ‘nanny state’ in allowing colleges to violate the privacy of their own students,” said Allen St. Pierre, NORML Foundation Executive Director. “If a college student is 18 years or older, and presumably an adult, what business does the government have communicating with a students parents? What’s next, will Congress authorize colleges to inform the parents whether or not ‘Junior’ is getting enough sleep, or if he’s not eating his vegetables.”
For more information, please contact Allen St. Pierre, NORML Foundation Executive Director at (202) 483-8751. To view the new regulations visit: www.access.gpo.gov/su_docs/fedreg/a000706c.html.
