A grand jury can deliver subpoenas for private records without students' knowledge or permission under Bush's Patriot Act

The students whose records were released to federal law enforcement agencies over the past year cannot necessarily find out whether their records were ever released.

Under an amendment to the Family Education Rights and Privacy Act, a federal grand jury can issue a subpoena for student records with special instructions to keep the subpoena's existence off the record, university attorney Steve Adamczyk said yesterday in a speech titled "Student Records Privacy Post 9-11."

Normally, before any student's records are handed over, the student is informed of the subpoena.

According to public records, the UA has been subpoenaed twice during the past year to release student record information about international students who enrolled or are attending the university.

Student records include information like transcripts and financial aid records, which are excluded from the UA Phonebook and protected under the Family Education Rights and Privacy Act, Adamczyk said.

But in response to the Sept. 11 terrorist attacks, President Bush signed a law in October that allows law enforcement agencies to investigate more easily and keep disclosures a secret.

This law can prevent students from ever knowing that their records were requested and revealed, if the law enforcement agency has a federal grand jury court order.

The amendment, known as the Patriot Act, will only last for five years, unless renewed.

Some federal agencies like the Immigration and Naturalization Service, the Treasury Department and the Department of Justice are certified to demand a subpoena's secrecy, and get it, Adamczyk said.

Not all subpoenas and information requests are kept secret ÷ requests that are delivered without special instructions for secrecy are kept on a record log.

Record keepers must identify who obtained the private information and the date and purpose of the information disclosure.

Student information like names and major is considered public unless a student requests that the information be blocked.

A student's name, local and e-mail address, class standing, major, dates of attendance and participation in officially-recognized activities and sports are all considered directory information that can be disclosed, unless the student requests otherwise.

"A student can restrict everything if they want to," said Sandy Knighton, assistant registrar.

A student who wants to restrict that much information must go to the registrar's office with a reason for the restriction.

Other exceptions apply to FERPA.

If parents show proof that their UA son or daughter is a dependent for federal income tax purposes, they can review their son or daughter's records without the student's consent.

Student record information released to parents of dependent students is not entered on a record log.

Under FERPA, students have the right to review their own records if they make a written request.

The data must be assembled within 45 days and each page costs $1 A student can review their own record for free if it is done in the presence of the record keeper or other university official.