Education Administrative Agency Privacy

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School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

How to Respond to FOIA Requests For Overall Teacher Summative Ratings?

LR-hands-over-laptopkeysIt has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level...more

PAC Limits Public Bodies’ Authority in Regulating Public Comment Period

On September 4, 2014, the Illinois Attorney General’s Office released a binding opinion through its Public Access Counselor (PAC) that public bodies cannot require speakers to provide personal information such as a home...more

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

New Law Requires Local Public Agencies in California To Notify Anyone Affected by a Security Breach

Cities, Counties, Special Districts and School Districts Must Now Notify Those Impacted by Security Breaches - Gov. Jerry Brown recently signed Assembly Bill 1149 (AB 1149) and Senate Bill 46 (SB 46) into law,...more

Illinois Court Opinion Clarifies Key FOIA Provisions

Recently, the Illinois Appellate Court clarified three key provisions of the Illinois Freedom of Information Act: the “predecisional” or “deliberative process” exemption; the exemption for unwarranted invasion of personal...more

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect...more

Michigan’s Internet Privacy Protection Act

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

Michigan’s Internet Privacy Protection Act and Its Effect on Educational Institutions

On December 13, 2012, the Michigan Legislature passed House Bill HB 5523, known as the Internet Privacy Protection Act (IPPA), which, if signed by Governor Rick Snyder, will become effective immediately....more

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

In two recent decisions, the Illinois Appellate Court clarified the fees that a public body can charge for copying records pursuant to a Freedom of Information Act (FOIA) request and the circumstances justifying the...more

Extra Password Protection For Employees and College Students Thanks to AB 1844 and SB 1349

Two bills were recently chaptered the provide employees and college students protection from the prying eyes of employers and college admissions....more

New Laws Prohibit Employers And Colleges From Requesting Social Media Passwords

AB 1844 - AB 1844 adds a new provision to the Labor Code that prohibits an employer from requiring an employee or applicant for employment to (1) disclose his or her username or password for the purpose of accessing...more

EPIC Urges Education Department to Protect Student Privacy

EPIC has submitted comments to the Education Department, recommending the agency collect only "relevant and necessary" student information when it undertakes educational studies. The agency's Institute of Education Sciences...more

Three Point Shot - July 2012

In This Issue: - Ex-Footballers Sacked on First Play from Scrimmage in Antitrust Lawsuit Against the NCAA - OMG! LOLs No Longer Cause for SMH from the NCAA - Not Quite Harvard v. Yale (1968), ESPN Wins When...more

Access Denied: Public Agencies and the Release of Public Records

When a public records request is received, it is often difficult to know what you must supply and, if you feel you should deny the request, what steps you should take to ensure you are in compliance with the law. Defending...more

STAR Test Results Delayed Due To Security Breach

The results of the California STAR test are expected to be delayed about two weeks after it was discovered that several school sites may have breached standardized testing protocol. Over 400 images related to the test were...more

Seventh Circuit Restores FERPA Privacy Protections for FOIA Requests by Vacating Controversial Tribune v. University of Illinois...

On May 24, 2012, the United States Court of Appeals for the Seventh Circuit supported Illinois educational institutions’ long-held position that the federal Family Educational Rights and Privacy Act (FERPA) prohibits...more

DOE Implements New Regulations to the Federal Educational Rights and Privacy Act

The U.S. Department of Education recently adopted new regulations to the Federal Educational Rights and Privacy Act (FERPA) which aim to further protect student privacy while enhancing states’ ability to use student data for...more

Removal Education Records from School Files

Whether you are the parent of a school aged child or your are a student attending college, there are laws that allow you to challenge and remove certain types of documents from your educational file. The types of documents to...more

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