News & Analysis as of

Personally Identifiable Information Students

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

Robinson+Cole Data Privacy + Security Insider

Colorado Law Restricts Use of Facial Recognition Technology by Government Agencies

Ramping up the state’s continued focus on data privacy, on June 8, 2022, Colorado Governor Jared Polis signed legislation aimed at limiting the use of facial recognition technology by government agencies and state...more

Robinson+Cole Data Privacy + Security Insider

Chicago Public Schools Notifying Students and Staff of Vendor’s Ransomware Attack

The Chicago Public Schools system is in the process of notifying students, families and some current and former employees that their personal information was compromised as a result of a ransomware attack against a technology...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

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

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

Hogan Lovells

Facial Recognition Challenged by French Administrative Court

Hogan Lovells on

In a decision (French only) dated 27 February 2020, the French Administrative Court of Marseille invalidated the deliberation of the Provence-Alpes-Côte d’Azur Regional Council which allowed to set up...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

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

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

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

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

Pullman & Comley - School Law

Are the Records of School Resource Officers or School Security Officers Considered School Records Under the Family Educational...

With respect to FERPA and its requirements regarding the disclosure of student records and personally identifiable student information, there are different rules in place for “school security” officials that are based upon...more

Bond Schoeneck & King PLLC

2019 Board of Regents Update

At the July 2019 Board of Regents meeting, there were several topics that we think will be useful for school districts to review prior to the start of the 2019-2020 school year....more

Pullman & Comley - School Law

Health and Safety Exception to FERPA's Confidentiality Requirements

In this day and age where, sadly, tragedies have struck numerous schools across the country, the question of when schools are allowed to share personally identifiable student information with law enforcement frequently...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

Tucker Arensberg, P.C.

OOR Determines that a School Bus Surveillance Video is a Public Record (708(b)(17); FERPA)

Tucker Arensberg, P.C. on

In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation.  The District denied the request, arguing that the...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

Franczek P.C.

New Guidance Addresses FERPA Related to School Safety

Franczek P.C. on

On the heels of a report by the Federal Commission on School Safety suggesting that many school leaders remain confused about the ability to share student identifying information during an emergency situation, the Department...more

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