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78 Wash. & Lee L. Rev. 1991 (2021-2022)
The Golem in the Machine: FERPA, Dirty Data, and Digital Distortion in the Education Record

handle is hein.journals/waslee78 and id is 2015 raw text is: The Golemi in the Machine: FERPA, Dirty Data, and Digital Distortion in the Education Record Najarian R. Peters* Abstract Like its counterpart in the criminal justice system, dirty data-data that is inaccurate, incomplete, or misleading-in K-12 education records creates and catalyzes catastrophic life events. The presence of this data in any record suggests a lack of data integrity. The systemic problem of dirty data in education records means the data stewards of those records have failed to meet the data integrity requirements embedded in the Family Educational Rights and Privacy Act (FERPA). FERPA was designed to protect students and their education records from the negative impact of erroneous information rendered from the private scribblings of educators. The legislative history of FERPA indicates that legislators were concerned about the harm * Associate Professor of Law, University of Kansas School of Law; Faculty Associate, Berkman Klein Center for Internet & Society, Harvard University. I would like to thank everyone who read earlier drafts and gave me comments on this Article. I thank the Lutie Lytle Black Women Law Faculty Workshop and Writing Retreat, Erika K. Wilson, Jamelia Morgan, Washington and Lee Law Review, Carliss Chatman, Brandon Hasbrouck, Thomas Stacy, Alex Platt, Christopher L. Steadham, and W. Blake Wilson. I appreciate the feedback from the Washington and Lee School of Law faculty who attended my November 2020 presentation of an earlier draft of this Article, the Drake Law School faculty who attended my April 2021 presentation of an earlier draft of this Article and the University of Missouri School of Law faculty who attended a December 2020 presentation of an earlier draft of this Article. 1. See Dan Bilefsky, Hard Times Give New Life to Prague's Golem, N.Y. TIMES (May 10, 2009), https://perma.cc/JJU7-PYG7 (describing the Golem as a crisis monster). 1991

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