News & Analysis as of

FERPA

The Protection of Biometric Information

by Saul Ewing LLP on

As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased...more

Task Force Finds More Than 150 Antiquated Federal Regulations – And Counting

by Barley Snyder on

A federal task force already has identified more than 150 education regulations that could be changed or repealed – and it’s not done yet. The Department of Education has issued a request for input on regulations the...more

Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

by Tucker Arensberg, P.C. on

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

Higher Education Highlights - Summer 2017

by Saul Ewing LLP on

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

“Big Data” and Student Privacy Create Tensions for Lawmakers and Educators

by McGuireWoods LLP on

“Big data” in the education context refers to the massive amount of information collected by K-12 schools and higher education institutions on student socio-economics, race and sex, test performance, academic performance,...more

CAS Legal Mailbag Question of the Week – June, 2017

by Shipman & Goodwin LLP on

Originally published in CAS Weekly Newsletter - June 12, 2017. Dear Legal Mailbag: The typical public school nurse today most likely works with several students with severe and/or life threatening conditions that often...more

AG Healey Issues Guidance to Schools and Health Care Providers on Immigration Enforcement Issues

In the wake of several executive orders on immigration, ICE—the federal agency responsible for enforcing the nation’s immigration laws—has ramped up enforcement activities. As a result, local public school districts and...more

Special Education Tip – The UniServ Representative is Not a Member of the IEP Team – 51-2017

by Pessin Katz Law, P.A. on

The UniServ Representative is Not a Member of the IEP Team - IEP meetings are meant to be collaborative sessions between educators and parents. But sometimes things do not go well. When an educator feels bullied,...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Special Education Tip - Requests to Amend Student Records-Requests Your Mother Would Never Make - 45-2017

by Pessin Katz Law, P.A. on

The helicopter parenting continues. Schools are encountering more instances of parents trying to change their children’s grades and other records. A recent decision of the Family Policy Compliance Office (known since January...more

Blog: Avoiding Common Legal Issues at Coding Schools: Data Privacy and Security

by Cooley LLP on

The second post in the series on common legal and regulatory pitfalls that alternative education providers must proactively avoid focuses on data privacy and security. Learn more about student data privacy and best practices...more

See You In Court! - April 2017

by Shipman & Goodwin LLP on

The Nutmeg Board of Education was frustrated and dismayed this budget season by the need to cut programs and reduce costs. However, given various warnings from Seymour Dollars, the irascible Chairperson of the Nutmeg Board of...more

Higher Education Highlights - Spring 2017

by Saul Ewing LLP on

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two...more

New Laws Add Significant Student Record-Keeping Requirements

by Clark Hill PLC on

The Michigan legislature has enacted two new laws, effective March 22, 2017, due to changes in technology and practices as they relate to student information. These statutes make management of student record information more...more

CAS Legal Mailbag Question of the Week – March, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It seems that we cannot turn on the television these days without hearing the ongoing debate about travel bans, immigration reform and the presence of undocumented foreign nationals in this country....more

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

by Nexsen Pruet, PLLC on

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis...more

Undocumented Immigrants, The Schools And The Obligations To Cooperate With “ICE”

A lot of heat is emanating from Washington D.C. over enforcement of laws concerning “undocumented” immigrants. Especially controversial is the possibility of greater action by the U.S. Immigration and Customs Enforcement...more

U.S. Department of Education Changes Name of Office Responsible for FERPA

by Shipman & Goodwin LLP on

On January 19, 2017, the U.S. Department of Education issued new Family Educational Rights and Privacy Act (“FERPA”) regulations that change the name of office that administers and enforces FERPA from the Family Policy...more

CAS Legal Mailbag Question of the Week – January, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As a high school administrator, I have to do those bullying investigations from time to time. As required by the law, I recently informed a rather over-involved parent that I had started investigating...more

The Reality Of “Sanctuary Campuses”

by Fisher Phillips on

Throughout the course of his campaign, President-elect Donald Trump pledged to deport millions of undocumented immigrants and also eliminate the federal Deferred Action for Childhood Arrivals policy (DACA) – which allows some...more

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