News & Analysis as of

Student Records

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

by Tucker Arensberg, P.C. on

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

New Laws Add Significant Student Record-Keeping Requirements

by Clark Hill PLC on

The Michigan legislature has enacted two new laws, effective March 22, 2017, due to changes in technology and practices as they relate to student information. These statutes make management of student record information more...more

Latest Developments from the Connecticut General Assembly: The Education Committee Begins to Speak

The General Assembly’s Education Committee is beginning the process of approving bills. The following is a listing (with a brief description) of the proposed bills that Education Committee voted favorably on and advanced...more

Know Where Your Student Data is Going!

by Franczek Radelet P.C. on

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

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

Michigan State Data Breach and the Value of Preparedness

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just...more

CAS Legal Mailbag Question of the Week – October, 2016

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am an elementary principal in an urban district and students in my school come and go with some frequency, which makes for a lot of work in getting and sending school records. When a new student...more

State Legislatures Protect Student Data and Mandate Greater Transparency

by McGuireWoods LLP on

Public schools have generated and maintained massive amounts of student information for decades. Standardized test scores, grades, conduct records, psychological and medical information, student assessments, child and parent...more

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Montana Supreme Court Struggles with the Intersection of FERPA and State Open Records Laws

by Saul Ewing LLP on

While investigating sexual misconduct at the University of Montana’s campus, bestselling author Jon Krakauer filed a request with the office of the Commissioner of Higher Education of the State of Montana to inspect specific...more

Privacy Rules Surrounding Student Mental Health

by Davis Wright Tremaine LLP on

September can bring about lots of changes, especially for college students. The National Alliance on Mental Illness (NAMI) released a guide for departing college students and their families on mental illness, including...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

by Holland & Knight LLP on

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

U.S. Departments of Education and Health and Human Services Release Joint Guidance on Foster Youth

by Barley Snyder on

On June 23, 2016, the U.S. Departments of Education (ED) and Health and Human Services (HHS) issued a joint guidance addressing LEA support for children in foster care under the provisions of the newly enacted Every Student...more

DOJ and DOE issue guidance on privacy rights of transgender students

On May 13, 2016, the Department of Justice and the Department of Education issued a “Dear Colleague Letter” (DCL) describing reasonable steps to protect transgender students under Title IX of the Educational Amendments of...more

Governor Signs Student Data Privacy Law

by Shipman & Goodwin LLP on

On June 9, 2016, Governor Malloy signed into law Public Act 16-189, “An Act Concerning Student Data Privacy” (the “Act”), which ushers in sweeping changes to the protection and use of student data. As schools increasingly...more

Before You Upload That Student Photo, Ask: What Would FERPA (Have Me) Do?

by Franczek Radelet P.C. on

It’s Springtime in Chicago again, which means you can count on two things–complaints about the lingering cold weather and the Annual Illinois ASBO Conference, which is going on now in Schaumburg, Illinois. I was lucky enough...more

Case Permits Possible Disclosure of Student Records by California Department of Education

by Best Best & Krieger LLP on

School Districts Should Notify Parents About April 1 Opt-Out Deadline - A federal judge has ordered the California Department of Education to release information about students who are attending, or who have attended,...more

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

by Franczek Radelet 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

Family Educational Rights and Privacy Act (FERPA)

Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more

Using Student Medical Records: Department of Education Issues New Guidance

by Holland & Knight LLP on

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

CAS Legal Mailbag Question of the Week – 6/16/15

by Shipman & Goodwin LLP on

I am just finishing up my first year as an assistant principal, and I hope that you can help me with an issue that has concerned me. Early in my tenure here, a paraprofessional asked to review the IEP for a student with whom...more

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

by Bond Schoeneck & King PLLC on

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

California Continues to Lead with New Legislation Impacting Privacy and Security

by McDermott Will & Emery on

At the end of September, California Governor Edmund G. Brown, Jr. approved six bills designed to enhance and expand California’s privacy laws. These new laws are scheduled to take effect in 2015 and 2016. It will be...more

More Kids' Privacy News: Calif. Passes Law on Student Privacy and Advertising (SOPIPA) and FTC on the Hunt

by Holland & Knight LLP on

California Gov. Jerry Brown signed into law Monday, August 29, 2014, a law aimed at restricting the use of students' educational data by third-party vendors, making this one of the more restrictive and sweeping state privacy...more

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Cybersecurity

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