Education Compliance

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

The Clery Act addresses public notification of crimes committed at colleges and universities that participate in federal student aid programs. The Act was amended in 2008 by provisions of the Higher Education Opportunity Act. The amended Clery Act requires institutions to:

• publish annual reports that contain three years of campus crime statistics;
• disclose crimes reported on the campus and nearby areas;
• keep a log of all crimes reported on campus; and
• “immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff.”

Family Educational Rights and Privacy Act

The role of the Family Educational Rights and Privacy Act (FERPA) is to ensure that private records of students under the age of 18 are not disclosed to anyone without the consent of the parent. Private records include transcripts, exams, enrollments, disciplinary actions and health records. This includes requirements that institutions use reasonable methods to ensure that teachers and other school officials obtain access to only those records in which they have legitimate educational interests. FERPA also requires institutions to use reasonable methods to authenticate the identity of anyone requesting records disclosure.

The Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act applies to the online collection of personal information from children under 13. It spells out what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent, and what responsibilities an operator has to protect children’s privacy and safety online. Schools that allow students under 13 to maintain personal Web sites, or that ask students to use online resources that request personal information for projects or learning activities, must have specific parental permission to provide that information in order to comply. They also must ensure that the sites students visit have prominently displayed privacy policies that meet COPPA requirements.

Campus Security Guidelines: Recommended Operational Policies for Local and Campus Law Enforcement Agencies

This document includes guidance on written policies, MOUs, coordination and training, emergency preparedness, communication equipment, risk assessment, prevention and preparedness, media and public relations.

State Laws to Allow Concealed Carry on Campus

Numerous states have proposed concealed carry on campus legislation as a response to campus shootings including the Virginia Tech incident of 2007. Those states considering such laws at this writing include Texas (HB 1167), Oklahoma (SB 858), Nebraska (LB 516), Arizona (SB 1467), New Mexico (HB136), and Florida (SB 234). Utah is the only state that currently allows concealed carry on campus. Other states allow campuses to set their own policies in agreement with state law.

New Jersey P.L.2009, c.178 (A-3002 / S-2518)

A new law requiring New Jersey schools to conduct a monthly security drill, in addition to a fire drill, to practice procedures that respond to an emergency situation including, but not limited to, a non-fire evacuation, lockdown, or active shooter situation.

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