FYI:  The Department of Education has clarified its earlier statement
on access to theses and dissertations.  I'm forwarding the
pertinent text from ALAWON.
 
Bonna Boettcher
(Legislation Committee)
bboettc@opie.bgsu.edu
 
                                  ALAWON
                      ALA Washington Office Newsline
                     An electronic publication of the
              American Library Association Washington Office
 
                            Volume 2, Number 37
                             September 8, 1993
 
(text deleted)
            DEPARTMENT OF EDUCATION CLARIFIES ACCESS TO THESES
 
(text deleted)
 
 
A letter intended to clarify the Department of Education's position was
sent on September 1 by LeRoy S. Rooker, Director of the Family Policy
Compliance Office, to ALA Washington Office Director Eileen Cooke.  Rooker
noted that "in ordinary circumstances FERPA prevents an institution from
disclosing or publishing a student's written examination or paper without
prior written consent," except for certain specified exceptions.
Nevertheless, Rooker recognized the special nature of student theses, and
stated:
 
     However, while these documents are clearly "education records,"
     as noted in our May 11, 1993, letter on this subject, we
     recognize that undergraduate and graduate "theses" often differ
     in nature from typical student research papers and other
     education records, such as written examinations, in that they are
     published or otherwise made available as research sources for the
     academic community through the institution's library.  It has
     been and remains our understanding that in these circumstances an
     educational institution would ordinarily have obtained the
     student's permission to make his or her work available publicly
     before doing so, perhaps in connection with notifying the student
     of specific course or program requirements.
 
     Consequently, an institution need not obtain a student's signed
     and dated specific written consent to disclose or publish a
     thesis in the library or elsewhere at the institution.  Neither
     the statute, the legislative history, nor the FERPA regulations
     require institutions to depart from established practices
     regarding the placement or disclosure of student theses so long
     as students have been advised in advance that a particular
     undergraduate or graduate thesis will be made publicly available
     as part of the curriculum requirements.
 
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