News & Analysis as of

Personally Identifiable Information Student Privacy

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

Fisher Phillips on

Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Franczek P.C.

General Assembly Amends Act to No Longer Require Reporting of Gender Identity and Sexual Orientation Data

Franczek P.C. on

We previously wrote about Public Act 102-0543, which required the Illinois State Board of Education (“ISBE”) to collect and report student sexual orientation, gender, and sex data. ISBE postponed implementation of the Act in...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

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

Bricker Graydon LLP on

Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Locke Lord LLP

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

Locke Lord LLP on

Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking,...more

Robinson+Cole Data Privacy + Security Insider

School Nutrition Vendor Sued for Compromise of 867,209 K-12 Student Records

PCS Revenue Control Systems, Inc. (PCS) was hit with a proposed class action lawsuit last week alleging that it discovered a data breach from a hacking attack in December 2019 but failed to notify the affected students until...more

Bricker Graydon LLP

Personally identifiable information concerning a deceased former student cannot be released without the student’s consent

Bricker Graydon LLP on

In a rare case where the Ohio Supreme Court’s analysis primarily focused on the Ohio Student Privacy Act, R.C. 3319.321 (OSPA), the Court determined the Act’s provisions apply to the records of a former student, even when the...more

Womble Bond Dickinson

School Stakeholders Navigating Student Privacy

Womble Bond Dickinson on

Parents, students, and educators are navigating a novel educational landscape. Some schools are relying on a virtual model that requires significant technological involvement, others have opened up their facilities for...more

Bricker Graydon LLP

So, you want to record your lessons. What should you consider?

Bricker Graydon LLP on

As a result of the COVID-19 pandemic, school districts find themselves engaging in virtual education at unprecedented levels, and with this comes many questions that may not have been considered in the past, including whether...more

Balch & Bingham LLP

Vermont Amends Data Breach Notification Law, Enacts Student Privacy Act

Balch & Bingham LLP on

This post was co-authored with Kaylee Rose, first-year law student at Cumberland School of Law: Vermont Amends Data Breach Notification Law - On July 1, 2020, amendments to Vermont’s Security Breach Notice Act, 9 V.S.A. §§...more

Jackson Lewis P.C.

North Dakota Implements A New Student Privacy Law

Jackson Lewis P.C. on

North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota...more

Pullman & Comley - School Law

U.S. Department of Education Clarifies That Video Recording Virtual Lessons and Making Them Available to Students Does Not Violate...

The U.S. Department of Education Student Privacy Policy Office recently provided more in-depth information regarding FERPA and virtual education in light of COVID-19 through a webinar. Much of what they discussed has already...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

Pullman & Comley - School Law

Complying with FERPA During COVID-19

We all recognize the Family Educational Rights and Privacy Act (“FERPA”) as the federal law that prohibits the release of personally identifiable student information without the consent of a parent or eligible student. ...more

Robinson+Cole Data Privacy + Security Insider

FERPA and COVID-19 Virus DOE Guidelines

The COVID-19 virus is having an unprecedented effect on all aspects of our daily lives, and has hit the educational system especially hard with forced closures and cancellations....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

Bricker Graydon LLP on

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

Bond Schoeneck & King PLLC

Preparing for Imminent Changes in the New York State Education Law Regarding Data Privacy

As part of the New York State budget for the 2014-2015 school year, Education Law §2-d was enacted to make provisions to protect the personally identifiable information contained in student records and in principal and...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

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

Privacy Primer: Family Educational Rights And Privacy Act (FERPA)

Cozen O'Connor on

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records. FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a...more

Jackson Lewis P.C.

Expansion Of Technology At K-12 Schools Comes With Data Security Risks For Students And Parents

Jackson Lewis P.C. on

A new school year is upon us and some students are already back at school. Upon their return, many students may experience new technologies and equipment rolled out by their schools districts, such as online education...more

Goulston & Storrs PC

Health Care, Financial, and Educational Records Protections for Your College Student

Goulston & Storrs PC on

August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more

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