News & Analysis as of

Educational Institutions Personally Identifiable Information Students

Franczek P.C.

General Assembly Amends Act to No Longer Require Reporting of Gender Identity and Sexual Orientation Data

Franczek P.C. on

We previously wrote about Public Act 102-0543, which required the Illinois State Board of Education (“ISBE”) to collect and report student sexual orientation, gender, and sex data. ISBE postponed implementation of the Act in...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

Franczek P.C. on

The United States Department of Education (DOE) recently released two new guidance documents focused on student health records to remind schools of their continued obligations to protect students’ rights under the Family...more

Robinson+Cole Data Privacy + Security Insider

Colorado Law Restricts Use of Facial Recognition Technology by Government Agencies

Ramping up the state’s continued focus on data privacy, on June 8, 2022, Colorado Governor Jared Polis signed legislation aimed at limiting the use of facial recognition technology by government agencies and state...more

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

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Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Locke Lord LLP

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

Locke Lord LLP on

Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking,...more

Bricker Graydon LLP

Personally identifiable information concerning a deceased former student cannot be released without the student’s consent

Bricker Graydon LLP on

In a rare case where the Ohio Supreme Court’s analysis primarily focused on the Ohio Student Privacy Act, R.C. 3319.321 (OSPA), the Court determined the Act’s provisions apply to the records of a former student, even when the...more

Womble Bond Dickinson

School Stakeholders Navigating Student Privacy

Womble Bond Dickinson on

Parents, students, and educators are navigating a novel educational landscape. Some schools are relying on a virtual model that requires significant technological involvement, others have opened up their facilities for...more

Jackson Lewis P.C.

North Dakota Implements A New Student Privacy Law

Jackson Lewis P.C. on

North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota...more

Hogan Lovells

Facial Recognition Challenged by French Administrative Court

Hogan Lovells on

In a decision (French only) dated 27 February 2020, the French Administrative Court of Marseille invalidated the deliberation of the Provence-Alpes-Côte d’Azur Regional Council which allowed to set up...more

Pullman & Comley - School Law

U.S. Department of Education Clarifies That Video Recording Virtual Lessons and Making Them Available to Students Does Not Violate...

The U.S. Department of Education Student Privacy Policy Office recently provided more in-depth information regarding FERPA and virtual education in light of COVID-19 through a webinar. Much of what they discussed has already...more

Pullman & Comley - School Law

Complying with FERPA During COVID-19

We all recognize the Family Educational Rights and Privacy Act (“FERPA”) as the federal law that prohibits the release of personally identifiable student information without the consent of a parent or eligible student. ...more

Robinson+Cole Data Privacy + Security Insider

FERPA and COVID-19 Virus DOE Guidelines

The COVID-19 virus is having an unprecedented effect on all aspects of our daily lives, and has hit the educational system especially hard with forced closures and cancellations....more

Womble Bond Dickinson

Privacy COUNTS: Act Now to Ensure That Your Census Participation Complies with Student Privacy Laws

Womble Bond Dickinson on

Preparations are well underway for the largest peacetime mobilization of federal resources—the decennial census. As a result of their “hard to count” student populations, as well as their obligations under federal student...more

Bricker Graydon LLP

FERPA and Census 2020: Guidance for residence life staff

Bricker Graydon LLP on

On January 14, 2020, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) issued a letter to Institutions of Higher Education to address issues that may arise as a result of the 2020 Census. (Note that this...more

Harris Beach PLLC

Updated Joint Guidance Released Today on the Application of FERPA and HIPAA To Student Health Records

Harris Beach PLLC on

Today, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance regarding the application of the Family Educational Rights and...more

Cozen O'Connor

Privacy Primer: Family Educational Rights And Privacy Act (FERPA)

Cozen O'Connor on

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records. FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a...more

Goulston & Storrs PC

Health Care, Financial, and Educational Records Protections for Your College Student

Goulston & Storrs PC on

August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more

Franczek P.C.

New Guidance Addresses FERPA Related to School Safety

Franczek P.C. on

On the heels of a report by the Federal Commission on School Safety suggesting that many school leaders remain confused about the ability to share student identifying information during an emergency situation, the Department...more

Pullman & Comley - School Law

Changes to Student Data Privacy Act Enacted: Is Your District Ready For July 1, 2018?

Student data privacy has been a hot legislative topic in recent years and more changes are now on the way. On June 7, 2018 Governor Malloy signed into law Public Act 18-125: An Act Concerning Revisions to the Student Privacy...more

McGuireWoods LLP

The Politics of Access to Student Data

McGuireWoods LLP on

Combine several hotly contested elections for state office, traditional voter registration and mobilization tactics, a progressive special interest group and the use of an existing law to gain access to tens of thousands of...more

Robinson+Cole Data Privacy + Security Insider

1.3 Million K-12 Students’ Data Potentially Exposed

We often comment how no industry is immune from data breaches. That would include educational institutions and their vendors, as this story reminds us....more

Robinson+Cole Data Privacy + Security Insider

University of Wisconsin Announces Data Breach of Law School Applicants

Last week, the University of Wisconsin Law School notified 1,213 applicants from 2005-2006 that their names and Social Security numbers were breached back in November. The University discovered that a hacker gained access to...more

Robinson+Cole Data Privacy + Security Insider

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Robinson+Cole Data Privacy + Security Insider

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the...more

Ballard Spahr LLP

Colorado Law Protects Student Information, Boosts Cybersecurity Resources

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Colorado Governor John Hickenlooper has signed into law two bills implementing enhanced protections and obligations for entities handling student personally identifiable information and increasing state resources dedicated to...more

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