Privacy Education

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Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity...more

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

It 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 summative ratings of all...more

California's Student Online Personal Information Protection Act is the First State Law to Comprehensively Address Student Privacy

California recently passed the first state law in the nation that comprehensively addresses student privacy. The Student Online Personal Information Protection Act ("SOPIPA" or "Act"), which will become effective on January...more

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more

More Kids' Privacy News: Calif. Passes Law on Student Privacy and Advertising (SOPIPA) and FTC on the Hunt

California Gov. Jerry Brown signed into law Monday, August 29, 2014, a law aimed at restricting the use of students' educational data by third-party vendors, making this one of the more restrictive and sweeping state privacy...more

California Continues to Regulate Privacy and Advertising to Minors in New Law Regulating School-related Online Services

On September 29, 2014, California Governor Jerry Brown signed SB 1177 into law, effective Jan 1, 2015. The new privacy and advertising regulation goes beyond FERPA, the federal student privacy law, and existing state student...more

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the...more

California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and...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

Status Updates - September 2014 #5

..School discipline. The California legislature has passed a law that, if signed by Gov. Jerry Brown (or not vetoed by him before the end of September), would significantly expand privacy protections for students from...more

Proposed FERPA Update Would Strengthen Student Data Privacy

On July 30, 2014, two U.S. senators introduced the Protecting Student Privacy Act, which would update the sections of the Family Educational Rights and Privacy Act (FERPA) that deal with protecting the privacy of students'...more

Student Forced To Wear “Shame Suit” After Violating School Dress Code

Another school year has begun and it seems like the debate over school dress codes shows no indication of stopping. The most recent dress code controversy to grab national attention involves fifteen-year-old Miranda...more

U.S. Department of Education Issues New Guidelines On Collecting Student Data

This past July, the U.S. Department of Education released the Transparency Best Practices for Schools and Districts, a new set of guidelines created to improve relations between school districts and parents surrounding school...more

California Sets the Curve with New Regulations on Collection and Use of Student Data

When one thinks of the use of technology in school, often the first image that comes to mind is of students sending ill-advised Snapchats and making in-app purchases that line the pockets of the Kardashian family, rather than...more

Class Action Plaintiffs Look to Fair Credit Reporting Act for Private Relief from Data Breaches Involving Health Information

A recent class action brought against the University of Miami (“University”) previews what could become an emerging trend among plaintiffs’ class action attorneys to seek damages for the unauthorized disclosure of personal...more

Pass or Fail? Sens. Markey and Hatch Introduce “Protecting Student Privacy Act” Seeking to Amend FERPA, Increase Protection of...

On July 30, 2014, Sen. Edward J. Markey, D-Mass., made good on his earlier promise to beef up the Family Educational Rights and Privacy Act of 1974 (FERPA) to provide heightened protections for student educational records...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

Capital Thinking: Education

Regulatory Activity - Online Skills Academy - Last week, the Department of Education announced its collaboration with the Department of Labor to develop a $25 million grant competition for an Online Skills...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...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

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors...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

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

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