An otherwise open meeting can be closed to the public when discussing personally identifiable information about any individual student, unless the student, his or her parent or guardian requests the meeting to be open.

This exception reflects the protection of the federal Family Educational Rights and Privacy Act (“FERPA”). Under FERPA, a school risks losing federal funding if it permits the release of records containing information directly related to a particular student.

Note, however, that under FERPA, certain criminal activity conducted by a student may not receive the protection or the benefit of a closed meeting. NMSA 1978 § 10-15-1-H (4)