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Franczek P.C.

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

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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

TNG Consulting

Tip of the Week: Case Management Standard 3 – Mission Statement

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The NABITA Case Management Standards and Best Practices guides members and practitioners and provides a structure for case management delivery. The standards create consistency and equity in settings with decentralized case...more

TNG Consulting

Tip of the Week: Case Management Standard 2 – Information Sharing

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The NABITA Case Management Standards and Best Practices guides members and practitioners and provides a structure for case management delivery. The standards anchor consistency and equity in settings with decentralized case...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

Holland & Knight LLP

U.S. Department of Education Issues New FERPA Guidance on Student Health Records

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In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more

Fisher Phillips

4 Tips for Private and Independent Schools to Avoid Getting Caught in the Middle of Custody Disputes

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It seems private and independent schools are finding themselves in the unlikely and undesirable position of being entangled in family custodial and court proceedings more frequently than ever. Given the increase in divorced...more

Bricker Graydon LLP

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

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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

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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

[Webinar] FERPA Refresher for Higher Ed - September 8th, 12:00 pm - 1:00 pm EST

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What’s new in student confidentiality and compliance? How has the pandemic impacted student confidentiality on campus? Join avowed FERPA geeks Melissa Carleton and Warren Grody as we review what every higher education...more

Tucker Arensberg, P.C.

Images of Students must be Removed from School Bus Surveillance Video when Responding to a Request for Records Under the...

Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020). Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before...more

Bradley Arant Boult Cummings LLP

The Man Behind the Curtain: College Admissions and FERPA Requests

Aspiring college students spend enormous amounts of time trying to unlock the magic formula that leads to those magic words: Congratulations, you’ve been accepted! But, for many students, the focus on admissions does not stop...more

Bricker Graydon LLP

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

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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

Bowditch & Dewey

Gaining Access to Your College Student’s Records

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Now more than ever, during COVID-19, we need to have access to our student’s health and financial records. Many parents do not realize that once their child attains the age of 18 years old, they no longer have legal access to...more

Bowditch & Dewey

COVID-19 Related Release of Student Records

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As a result of COVID-19, institutions may expect to receive more requests from parents for records concerning their student. The following are some of the statues that may require release of such records....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

Holland & Knight LLP

Pennsylvania Supreme Court Addresses Nexus Between Educational Privacy, State Open Records Laws

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More than 50 years ago, Justice Michael Musmanno, speaking for the Pennsylvania Supreme Court, eloquently expounded on the importance of the right to privacy in the Commonwealth of Pennsylvania: The greatest joy that can be...more

Franczek P.C.

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

Franczek P.C. on

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Bond Schoeneck & King PLLC

Student Health Records and the Coronavirus

What student health information may be shared with whom in the event a student tests positive for the virus is one of the many interconnected issues for colleges and universities related to the COVID-19 pandemic....more

Faegre Drinker Biddle & Reath LLP

ED and HHS Issue Updated Joint Guidance Regarding Student Health Records Privacy

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (ED) issued an updated version of its “Joint Guidance on the Application of the Family Educational Rights and...more

Womble Bond Dickinson

Privacy COUNTS: Act Now to Ensure That Your Census Participation Complies with Student Privacy Laws

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.

Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents the right...more

Harris Beach PLLC

Cracking the Compliance Code for Student Health Records

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As health care providers and professionals, you know that today’s regulatory environment involves multiple and sometimes overlapping frameworks that regulate and protect patient health information. Our recent Legal Alert...more

McGuireWoods Consulting

Education Policy Update - January 2020

Federal Updates - The White House is expected to release its FY21 budget request on February 10. The Departments of Education and Health and Human Services released joint guidance on the application of the Family...more

Clark Hill PLC

Education Records Are Subject to FOIA Requests

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In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...more

Bricker Graydon LLP

[Webinar] Cops on Campus - A Legal Update - January 16th, 12:00 pm ET

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What’s new for police officers on college campuses? Bricker attorneys Josh Nolan, Warren Grody and Brad Bennett will discuss the latest on public records, the Clery Act, interactions with students and other cases affecting...more

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