JEFFERSON CITY • Missouri legislative officials remain tight-lipped about the college interns working in the Capitol this year, citing a 40-year-old law meant to protect a student's education records.
But state and national officials say that law, known as the Family Educational Rights and Privacy Act or FERPA, likely doesn't apply to the Legislature.
"FERPA does not generally apply to the state legislature or information that the legislature has on student interns," reads a statement from U.S. Department of Education's Family Policy Compliance Office.
Reporters began seeking information about college interns in the Legislature even before news broke that former House Speaker Diehl, a Republican from Town and Country, exchanged sexually charged text messages with Katie Graham, a 19-year-old intern from Missouri Southern State University. Shortly after the news broke, Diehl resigned. The university is now investigating.
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When news spread that the University of Central Missouri was conducting a Title IX investigation after a male and female intern abruptly ended their internship in the office of state Sen. Paul LeVota, D-Independence, reporters continued to push for information. The Senate also is investigating but it's unclear if LeVota is the subject of either investigation.
House and Senate officials continually refused to provide intern's names, colleges and legislative office assignments, citing FERPA as the reason the information was kept under wraps.
But FERPA, passed in 1974 to protect a student's education records, applies to educational agencies and institutions that receive U.S. Department of Education administered funds.
"I don't think the law applies to (the Legislature) because they're not an education institution," said Jean Maneke, legal consultant for the Missouri Press Association.
But that hasn't stopped those in the Legislature from citing the act when barring access to its list of participants. The Missouri Attorney General's Office directed all FERPA inquiries to the education department.
An education department spokesman said universities can use their discretion to determine what it releases.
David Welch, counsel for the Missouri House, said House internships are done in conjunction with colleges and universities, so House officials believe that information is covered under FERPA.
Senate Administrator Marga Hoelscher, who previously cited the act when she refused to release information on the interns, could not be reached for comment this week.
"Part of my responsibility as the Senate administrator is to make sure the privacy of individuals working at the Senate including interns is protected," she said in an email last week. "Due to the sensitive nature of a university Title IX investigation, we will not provide any further comment."
Rep. Jeanne Kirkton, D-Webster Groves, told the Post-Dispatch on Wednesday that, to the best of her knowledge, there were 159 interns from 20 schools in the Capitol this session. Her count includes interns in the offices of the governor and the lieutenant governor, as well as the House and Senate.
Before receiving that information, the Post-Dispatch contacted more than 30 public and private institutions. Of the 20 that responded, only five said they had legislative interns during the 2015 session.Â
Four of those schools -- Missouri Southern, Central Missouri, University of Missouri-Columbia and Missouri State University -- also cited FERPA in refusing to provide the names and legislative office assignments for the interns. Both Truman State University and Westminster College had interns but did not respond to a request for comment.
Some universities said they consider the internship a class because students receive credit hours and they do not release class rosters.
But the fifth school, Northwest Missouri State University, posted information about its Capitol interns on its website. A press release featured the names and pictures of each of their four legislative interns.
Maneke said these issues likely would not be resolved unless someone went to court.
"Sometimes you're just stuck in a middle ground where people argue both ways," she said. "Unless someone goes to court, you don't have a definitive answer and you can't enforce it."Â