Last fall, President Clinton signed legislation that would make it easier for college student journalists to obtain more detailed and accurate information about campus crime. Among the key provisions: a new requirements that all schools receiving federal funds — public and private — maintain a public, daily campus police log; new and more specific requirements concerning the annual campus crime statistics report that schools must publish and changes to the Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, that now allow schools to release certain information about students found guilty of committing violent crimes. While the additions and changes to the law fell short of all that the student media might have wanted, they were a step in the right direction. Since that time, however, we've heard from many reporters and advisers with questions about how to respond to administrators and campus law enforcement officials bent on resisting the new law and retaining tight control over campus crime information. Among the questions we hear most:

When did the laws go into effect?
The effective date of the Higher Education Act, which included both the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C. Section 1092(f), and the amendment to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, was October 1, 1998.

My school says that it's not going to follow the new laws until the Department of Education (DOE) issues regulations or other guidelines for compliance. Can they do this?
No. While it's true that the DOE has yet to issue its regulations — they are in the process of being drafted and will probably be complete sometime in 2000 — the law must be followed now. Department officials have said that schools are expected to make a "good faith effort" to comply with the law prior to issuance of the regulations. Schools with questions about compliance should contact the Department for assistance — they may not simply ignore the law.

I attend a public school. We had been receiving detailed police reports under our state open records law. Now, our police chief says she only needs to provide the information required by the federal law, which would actually be less than we were receiving before. Can she do this?
Absolutely not. State freedom of information requirements must still be observed. DOE officials have made it clear that the federal laws simply establish the minimum reporting requirements for schools. States can always require their schools to provide additional information. And — at least for public schools — most states do.

I've heard that a student government official went before our campus judicial board and was found guilty of embezzling several thousand dollars of student activity fees. Doesn't the new federal law require my school to disclose the results of such proceedings?
Unfortunately, this is one of the areas where last year's changes fell short. FERPA prohibits schools from disclosing a student's "education records" without permission. The new changes clarify that disciplinary records involving "crimes of violence" or nonforcible sexual offenses are not "education records" and can be released. However, crimes that do not involve the use of physical force, including many property crimes such as embezzlement, are not considered crimes of violence. Two other things: (1) FERPA does not require a school to release anything, you must still look to a state open records or open meetings law for that. (2) The new changes only allow for disclosure where the individual is found guilty. If charges are dropped or the person is found not guilty, the school may still be able to keep such information locked up.

My school says that even though FERPA was changed to allow for disclosure of some campus court information it's still not going to release anything because of state law. What gives?
Prior to the change in federal law, a handful of states had passed their own legislation that mirrored FERPA. While federal lawmakers saw fit to amend FERPA to ensure that information about a student's violent criminal activity is not lumped in with transcript and test score information, some school officials continue to insist that state law requires them to shield a student's criminal record. Unfortunately, student journalists in these states may be forced to take their schools to court or convince their state lawmakers to change their state laws, as students in Tennessee are now doing.

Where can I get more information?
We've just published the second edition of our booklet, Covering Campus Crime: A Handbook for Journalists, which should answer most of your questions about the new legislation and campus crime reporting generally. Copies will be distributed for free to the student media through the Associated Collegiate Press and College Media Advisers. The publications should also soon be available online at the SPJ (spj.org) and SPLC (www.splc.org) Web sites. Finally, you can obtain a copy by writing to: Student Press Law Center, 1815 N. Fort Myer Drive, Suite 900, Arlington, VA, 22209. Please include $2.00 to cover shipping.

Visit the Student Press Law Center online at http://www.splc.org.