News & Analysis as of

Personally Identifiable Information Department of Education

Kohrman Jackson & Krantz LLP

FERPA Faux Pas: Avoiding Missteps as Your Child Steps into College

Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing...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

Miller Canfield

COVID-19: DOE Guidelines on Student Privacy

Miller Canfield on

The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more

Blank Rome LLP

Protecting Student Privacy: DOE Issues Guidance for Educators on Permissible COVID-19 Disclosures Under FERPA

Blank Rome LLP on

On March 12, 2020, the U.S. Department of Education (“DOE”) issued a critical Frequently Asked Questions guidance document (and also established a resource page) for the education sector regarding compliance with the Family...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

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...more

Bricker Graydon LLP

FERPA and Census 2020: Guidance for residence life staff

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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

Faegre Drinker Biddle & Reath LLP

ED Requires Higher Education Audits to Review GLBA Data Security Compliance

As discussed in a previous DBR on Data post, the U.S. Department of Education (“ED”) in recent years has repeatedly emphasized the importance of higher education institutions taking all appropriate measures to secure and...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

Franczek P.C.

The Real Risk of Data Breach And What Schools Can Do To Be Prepared

Franczek P.C. on

This summer, Pearson notified a handful of Illinois school districts that its AIMSweb 1.0 Platform had experienced a data breach that impacted over 13,000 account holders nationally. ...more

Cozen O'Connor

The State AG Report Weekly Update May 2019 #5

Cozen O'Connor on

Charities- New York Attorney General Settles With Fraternal Order Over Allegedly Misusing Charitable Funds- New York AG Letitia James reached a settlement with Oneonta Lodge No. 1312 Benevolent Protective Order of Elks,...more

White and Williams LLP

Higher Ed Falls Victim to New Data Breach

On April 2, 2019, The Georgia Institute of Technology (Georgia Tech) announced that it had sustained a data breach when one of its central databases was accessed by an unknown outsider through a web application, thereby...more

Husch Blackwell LLP

New FERPA Guidance From The U.S. Department Of Education Relating To School Safety

Husch Blackwell LLP on

In February 2019, the U.S. Department of Education released new Family Educational Rights and Privacy Act (“FERPA”) guidance about schools’ and school districts’ responsibilities under FERPA relating to disclosures of student...more

Hogan Lovells

U.S. Department of Education guidance: Under FERPA, students cannot be required to waive rights as condition of participation

Hogan Lovells on

In November 2017, the U.S. Department of Education (ED) issued a letter clarifying student and parental rights under the Family Educational Rights and Privacy Act (FERPA) when a school uses online third-party service...more

Patterson Belknap Webb & Tyler LLP

Education Department Toughens Tone on Cyber and Threatens to Pull Funding for Non-Compliance

Recently-issued guidance from the U.S. Department of Education (ED) threatens to “yank” Title IV funding for post-secondary institutions lacking appropriate data security safeguards....more

Robinson+Cole Data Privacy + Security Insider

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

Franczek P.C.

DOE Issues Updated Guidance on Homeless Students

Franczek P.C. on

The Department of Education recently issued three pieces of guidance, including detailed non-regulatory guidance, a student fact sheet, and a “Dear Colleague” letter, all of which address meeting the needs of homeless...more

McGuireWoods LLP

Federal Judge Reverses Own Ruling on Release of Student Data

McGuireWoods LLP on

“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’ lawyers. ...more

Ballard Spahr LLP

Delaware Changes Online, Student Privacy Protection Laws

Ballard Spahr LLP on

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

Adams and Reese LLP

Are You Ready for the New Student ID Requirements?

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Commencing June 1, 2015, Louisiana schools must adhere to several new restrictions and requirements regarding student identification and students’ personal information. This is the latest step in a process designed by the...more

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