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Freedom of Information Act Student Privacy

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 -
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.

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

Franczek P.C.

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

Pullman & Comley - School Law

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

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.

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

Franczek P.C. on

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

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