Students

News & Analysis as of

FERPA and subpoenas for student records

With some frequency, we receive questions in our practice regarding the interplay between the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and subpoenas or court orders. Many...more

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued last week by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in...more

Recent NLRB Grad Student Union Decisions Suggest Interest in Reviewing Brown University

The National Labor Relations Board (NLRB) recently released two unpublished decisions that boosted unionization efforts by teaching and research assistants at private universities. The decisions, issued on March 13, 2015,...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

Employment Status of Cosmetology Students Is Not So Cut and Dry

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their...more

A Review of New York’s Proposed Sexual Violence Legislation: Part 2 – Minimum “Sentencing” Requirement

In this installment of our continuing analysis of the Governor’s “Enough is Enough” proposed sexual violence legislation, we turn to the minimum penalties for offenders that the bill would require....more

Illinois Schools Face Tough Decisions in Combating Cyber-bullying

Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7...more

FAFSA & Section 529 College Savings Plans: The Basics

According to Collegeboard.org, the average yearly college tuition rates in 2015 for public colleges (in-state), public colleges (out-of-state), and private colleges, are $8,655, $21,706, and $29,056, respectively. Compare...more

Brain Injury Lawsuits and High School Athletes

Sports-related brain injuries have been making national news over the last several years as researchers continue to learn more about the long-term effects of concussions and other head traumas. For parents who have kids that...more

Recently Enacted Legislation Requires New York Institutions to Report Violent Felonies and Missing Students

Governor Cuomo has signed into law amendments to New York’s Campus Safety Act requiring institutions to notify law enforcement within 24 hours after receipt of a report of a violent felony or a report that a student residing...more

CFPB Takes Aim at Relationships between Universities and Credit and Debit Card Issuers

Financial institutions marketing credit and debit cards to college and university students should prepare for likely investigations and enforcement actions by the Consumer Financial Protection Bureau and other regulatory...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

As Intern Season Approaches, Remember That Unpaid Internships Can Be Risky

Right now, many organizations are getting ready for a new class of interns to arrive in May when schools and colleges finish for the summer. With fully laudable intentions, many organizations offer summer internships as a...more

It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data

High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more

Federal Guidance: 6 Principles for Banks Originating Student Loans with Graduated Payments

On January 29, five federal regulatory agencies (Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and...more

Clear Thinking: The State Board of Education’s Concussion Education Plan and Guidelines for Connecticut Schools

With each new year, it seems as if Connecticut legislators collectively agree to the same resolution – create new legal obligations for local and regional school boards. This year is no different. Although passed in early...more

School’s Out for Summer! Pondering the Possibilities of the Student Visa

Readers are most likely tired of me reminding everyone how I grew up in the Panama Canal Zone and what a unique and excellent experience it was. It is a fact and experience that lives with me every day that I am on the...more

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

In its April 2014 report, the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to...more

CFPB Issues Request For Information on Proposed “Safe Student Account Score Card”

On January 14, the CFPB issued a press release seeking public comments on its “Safe Student Account Scorecard.” The scorecard is a tool for colleges and universities to solicit information on the fees and features of...more

Can Public Schools Ban “I Can’t Breathe” T-Shirts?

Citing safety concerns, Fort Bragg High School, a public high school located in Mendocino County CA, decided on December 26, 2014 to ban athletes from wearing t-shirts with the slogan “I Can’t Breathe” – the words uttered by...more

CFPB proposes scorecard for colleges seeking to partner with financial institutions

The CFPB has issued a request for information (RFI) in which it seeks comments on a draft “Safe Student Account Scorecard” to be used by colleges and universities to obtain information from prospective financial institution...more

Bullying Can Cost Your School – And Your Students, And Their Parents

School bullying is one of the most pressing social, health, and educational concerns facing public and private schools alike. Long-term bullying, left unaddressed by schools or parents, can cause lasting physical and...more

Special School-Related Needs of Children with Brain Injuries

Often, when we think of car accidents, we think of broken bones and cuts and bruises. We do not consider what might be happening on the inside, especially to our children who are injured in an auto accident. A combination of...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills this year, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

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