FERPA

News & Analysis as of

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

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

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

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

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

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

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

Kentucky Enacts Data Breach Notification Statute

On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation. Prior to H.B. 232, Kentucky was one of only four states—including...more

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature. This is a bad bill for the private educational industry, and ultimately for parents and students. It would drastically...more

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such...more

U.S. Department Of Education Releases Guidance On Protecting Student Information While Using Online Educational Services

Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

Department of Education Releases New Guidance on Protecting Student Privacy While Using Online Educational Services

The U.S. Department of Education’s Privacy Technical Assistance Center (PTAC) recently released a new guidance to help school districts navigate their obligations to preserve student confidentiality when using online...more

What is the Difference Between FERPA and PPRA? Protecting Student Privacy and Confidential Education Records

Two important federal laws protect the privacy rights of all students: the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, “FERPA” and Protection of Pupil Rights Amendment, 20 U.S.C. §1232h, “PPRA.” Both...more

"A" for Effort? Senator Markey Announces Latest Privacy Legislation Aimed at Protecting Student Data

On January 14, 2014, Senator Edward Markey (D-Mass) announced that he plans to introduce legislation in the coming weeks to ensure that safeguards are in place for student data shared with third parties. Citing concerns...more

Capital Thinking: Education

Legislative Activity - STUDENT PRIVACY PROTECTIONS - Sen. Ed Markey (D-MA) sent a letter Tuesday, October 22 to Education Secretary Arne Duncan requesting more information about student privacy protections. The...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

Are E-mails Education Records Under FERPA?

If a student sends an e-mail complaining about a professor, should the professor have the right to see the name of the student that wrote the complaint? ...more

Webinar: Investigating and Resolving Sexual Assaults on Campus  [Video]

Angelo Stio and Gina Maisto Smith discuss what was covered during the webinar and give a look at what to expect for future webinars on this topic. Every day, colleges and universities throughout the country, face the...more

Investigating and Resolving Sexual Assaults on Campus

Every day, colleges and universities throughout the country, face the challenge of promoting personal responsibility while striving to make their campuses as safe as possible. Efforts to make campuses as safe as possible...more

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Litigation Advisory: A Legal “Back to School” Checklist: Mitigating Risk and Managing Your Child

The end of August marks the close of summer and the beginning of back to school season. Among the last things parents of college and high school age children are considering are potential legal issues. Beyond U-Hauls, bed...more

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