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Bill to deter student solicitations

April 23, 2002

Rep. Tony Stamas, R-Midland, would like to see a bill he sponsored concerning the right to deny Freedom of Information Act requests for student information reach the governor’s desk before the Legislature leaves on recess.

The bill, which passed out of both chambers but returns to the House for approval of Senate changes, would attempt to decrease the mounds of unwanted solicitation that high school students have to sift through.

“Parents and students need protection from that bombardment,” said Sen. Dianne Byrum, D-Onondaga. “The military would still be able to recruit, colleges would still be able to find scores and admissions information, but private entities wouldn’t be able to obtain it.”

Recently, in a Midland school district, a private corporation requested student directory information dating back several years.

When the school refused, the company sued under the Freedom of Information Act and won access to the information.

“The bill seeks to say that distribution for purposes of sales, solicitation and marketing is at the discretion of the school district,” Stamas said.

“The purpose of FOIA is to make sure public and government decisions are made in the light of day. This won’t hurt legitimate news gathering or the purpose of the FOIA. It will just give students protection.”

Aspects of the bill still are being hammered out, but Stamas said he’s seen overwhelming support for the purpose and intent of the bill.

The bill passed 102-0 in the House and 37-0 in the Senate.

“It’s a matter of keeping moving forward,” he said.

East Lansing High School Principal Paula Steele has not yet faced problems with companies requesting information, but she says the high school does not send directory information to anyone.

“We’ve always protected the privacy of students,” Steele said. “We might be forced to (supply information), but in the past we have been very protective.”

Steele said she supports the bill as further protection for students. Until now, FOIA requests to schools have been balanced by the federal Family Educational Rights and Privacy Act, which protects public school students’ right to privacy when it concerns their educational records.

Byrum decided to actively support the legislation when a constituent whose son had died continued to receive advertisements and solicitations for him.

“She didn’t want this to happen to other parents,” she said.

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