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Freedom of Information Act › FERPA

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Pullman & Comley - School Law

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

Pullman & Comley - School Law on

It is a common practice for employers to conduct exit interviews with departing employees.  Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

BakerHostetler

It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

BakerHostetler on

In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated. Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired....more

Clark Hill PLC

FOIA Requests for Restraint and Seclusion Documentation from Media Outlets

Clark Hill PLC on

Recently, several school districts have received FOIA requests from media outlets, including the Detroit Free Press, seeking completed restraint and seclusion documentation. Pursuant to state law, FOIA requests must be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.

Mitchell, Williams, Selig, Gates & Woodyard,... on

Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents the right...more

Clark Hill PLC

Education Records Are Subject to FOIA Requests

Clark Hill PLC on

In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...more

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Pullman & Comley - School Law on

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Franczek P.C.

This Is Not a Drill: School Districts Now Required to Create Threat Assessment Teams and Implement Threat Assessment Procedures

Franczek P.C. on

Governor Pritzker recently signed into law Public Act 101-0455 amending the School Safety Drill Act (105 ILCS 128/1) to require threat assessment procedures and the creation of threat assessment teams in school districts...more

Franczek P.C.

Use Caution when Monitoring Comments on Your School’s Social Media Page

Franczek P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

Franczek P.C.

Illinois Court Opinion Clarifies Key FOIA Provisions

Franczek P.C. on

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

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