Privacy Education

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CAS Legal Mailbag Question of the Week

Given security concerns that we all face, at my school we have a sign-in policy that we enforce without exception, including a requirement that visitors show photo ID. A parent of one of the students at my school, however,...more

Prepare for the July 1 SaVE Act Deadline

By July 1, 2015, all higher education institutions must be in full compliance with the Campus Sexual Violence Elimination (SaVE) Act amendments to the Clery Act, per the final regulations issued last October. See 34 C.F.R....more

New Hampshire Establishes Privacy Protections for Student Online Personal Information

California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines...more

CAS Legal Mailbag Question of the Week – 6/16/15

I am just finishing up my first year as an assistant principal, and I hope that you can help me with an issue that has concerned me. Early in my tenure here, a paraprofessional asked to review the IEP for a student with whom...more

Are You Ready for the New Student ID Requirements?

Commencing June 1, 2015, Louisiana schools must adhere to several new restrictions and requirements regarding student identification and students’ personal information. This is the latest step in a process designed by the...more

Hackers seek to access intellectual property assets of higher educational institutions

College and universities, like many other businesses and organizations, defend against millions of cyberattacks each day. Most recently, Penn State’s College of Engineering discovered a multi-year long cyberattack seeking...more

Student Data Protection Bills Unveiled In Congress

Two bills specifically designed to protect private student information were unveiled in the U.S. Senate last week. The first was released on May 13 by Senators Orrin Hatch (R-Utah) and Edward Markey (D-Mass.), and the second...more

Rapid Developments in State Student Privacy Laws

In 2014, at least 16 states enacted laws regulating the privacy of student information. The trend is continuing in 2015, as at least 165 state student privacy bills have been introduced thus far, six of which have already...more

The Nevada Data Breach Law

Nevada, like most states, has a data security statute that addresses what to do when there’s a data breach. Here’s a quick summary of the Nevada law, which is found at N.R.S. § 603A.010 et seq, “Security of Personal...more

Student Privacy In Online Educational Services

The commercial use of data mined by providers of online educational services, such as Internet homework portals, digital grade books for teachers, and student e-mail programs, continues to be a hot topic on numerous fronts. ...more

Presidential Politics, E-Mail, And The FOIA: Why It Should Matter To You

The federal Freedom of Information Act [“FOIA”] has recently made its way into national new stories for all the wrong reasons. Hillary Clinton has become enmeshed in a controversy involving her use of a “private” e-mail...more

CAS Legal Mailbag Question of the Week

The “Legal Question of the Week” is a regular feature of the CAS Weekly NewsBlast. Readers are invited to submit short, law-related questions of practical concern to school administrators. Each week, CAS will select a...more

Alberta Court of Appeal Affirms Sanctity of Solicitor-Client Privilege under FOIPPA

In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom...more

Department of Education Issues New Guidance Documents Relating to Student Privacy

The past few years have seen exponential growth in the use of technology in the classroom, with applications ranging from the increased availability and use of e-books to the displacement of physical classrooms through...more

Records Retention Rules Revamped

The State and Local Records Commission rules regarding records management, production, retention, and disposal have undergone sweeping changes. These changes reflect an express intent to bring public bodies up to speed by...more

Handling Student Sexual Assault In K-12 Schools

In March, U.S. News & World Report featured a lengthy story provocatively titled, “High Schools and Middle Schools Are Failing Victims of Sexual Assault.” In addition to documenting situations where schools allegedly...more

FTC updates COPPA FAQs related to educational context

On March 24, 2015, the Federal Trade Commission (FTC) updated the Children’s Online Privacy Protection Act (COPPA) Frequently Asked Questions (FAQs) to better address the intersection of COPPA regulations and schools....more

It's Time to Start Planning Your Summer

It is hard to believe that the 2014/15 school year is coming to a close. Summer projects beckon. So, what should be on the list for your summer (other than some vacation time)? Ideally, if you haven’t done it lately, you...more

U.S. Senate HELP Committee Releases White Papers on Higher Education Act Reauthorization

On March 23, 2015, U.S. Senator Lamar Alexander (R-TN), chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions (the “HELP Committee”) released staff white papers about the following three issues, as...more

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of...more

FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

Alert: Student Data Privacy: the States Are in the Lead

Student privacy has become a focal point in the education sector. While media attention has largely focused on activities in Washington, we believe it is also critical for schools and Ed Tech companies to pay closer attention...more

FTC Reminds Schools When They Can Consent to Certain Online Activities By Students Under COPPA

Last week the Federal Trade Commission announced on its blog that it has updated its frequently asked questions (FAQs) about the interplay between schools and the Children’s Online Privacy Protection Act (COPPA). Although...more

Federal student privacy law in flux

In recent months, the White House and members of Congress have called for an overhaul of the forty-year old Family Educational Rights and Privacy Act (“FERPA”) ((20 U.S.C. § 1232g; 34 CFR Part 99), which safeguards the...more

Privacy Tuesday – March 2015: COPPA Refresh

On Friday, the FTC published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and...more

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