817 N.W.2d 480
Iowa2012Background
- Open Records Act and FERPA conflict over disclosure of University of Iowa records related to a 2007 campus sexual assault incident.
- Two football players were charged and convicted; one acquitted on different counts.
- Press-Citizen requested records; University initially disclosed little, then produced more with redactions.
- District court ordered broader disclosure and redactions; University appealed FERPA-based withholding.
- Court held FERPA, incorporated via Iowa Code §22.9, requires confidentiality for education records or records with identifiers.
- Section 22.9 operates to suspend Open Records Act provisions if their application would deny federal funds, imposing FERPA-based confidentiality at a state-agency level.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of FERPA vs Open Records Act | Press-Citizen: FERPA not to supersede OPEN; redaction possible | University: FERPA prohibits disclosure of education records with identifiable information | FERPA incorporated; confidentiality governs education records under Open Records Act. |
| Redaction sufficiency under FERPA | Redaction should be used, not full withholding | Redaction may be insufficient when identity would be known | Records may be withheld entirely if identifiable even with redactions. |
| Role of Iowa §22.9 in FERPA conflict | Section 22.9 not to override federal funding concerns | Section 22.9 suspends conflicting open-record provisions to avoid denial of federal funds | §22.9 gives FERPA priority by suspending open-record provisions that would deny funds. |
| Retroactivity of updated FERPA definitions | New FERPA definitions should not apply retroactively | Retroactivity allowed; regulations clarified standard | Retroactive application upheld; newer FERPA definition governs disclosure. |
| Judicial-order exception to FERPA | FERPA exception not blanket override for records requests | Judicial order exception may permit compelled disclosure in some cases | Judicial-order exception does not authorize broad disclosure in lieu of FERPA constraints. |
Key Cases Cited
- Gonzaga Univ. v. Doe, 536 U.S. 273 (U.S. 2002) (FERPA funding condition to withhold education records)
- United States v. Miami Univ., 294 F.3d 797 (6th Cir. 2002) (FERPA preempts state law in certain disclosures; remedies beyond funding)
- Ragusa v. Malverne Union Free Sch. Dist., 549 F.Supp.2d 288 (E.D.N.Y. 2008) (Judicial-order/FERPA interplay; disclosure considerations)
- Maynard v. Greater Hoyt Sch. Dist. No. 61-4, 876 F.Supp.1104 (D.S.D. 1995) (FERPA compliance with court-ordered disclosures when relevant)
- Bd. of Trs., Cut Bank Pub. Schs. v. Cut Bank Pioneer Press, 160 P.3d 482 (Mont. 2007) (Pre- and post-FERPA guidance on publication of student records)
- Osborn v. Bd. of Regents of Univ. of Wis. Sys., 647 N.W.2d 158 (Wis. 2002) (Commentary on FERPA scope post-redaction discussions)