Education Civil Procedure 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

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual...

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time...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

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Oops and the FOIA, Part One; Kadri v. Groton Board of Education and Protections From the Accidental Disclosure of Attorney-Client...

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as...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

Texas Court Refuses To Prohibit RFID Tags In School

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...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

Employee Privacy On Work Computers To Be Decided By Supreme Court

The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more

Legaco Express Interview Series - Information Lawyer James Sherer

I spoke with the Legaco Express for Paralegals, and shared my views on the ever-changing field of information law and the opportunities paralegals may explore within this evolving field. We discussed the skills excellent...more

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