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Federal Agencies Respond to Concerns About Student Privacy

The Federal Trade Commission (FTC) and U.S. Department of Education (ED) increasingly are responding to concerns about educational technology and its ability to capture and manipulate massive quantities of private student and...more

Department of Education Rescinds Obama-Era Guidance on Sexual Misconduct

Following Education Secretary Betsy DeVos’ Sept. 7 speech critical of the Obama administration’s prescriptive and adversarial guidance on Title IX, we predicted in a client alert that the current administration would formally...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

“Big Data” and Student Privacy Create Tensions for Lawmakers and Educators

“Big data” in the education context refers to the massive amount of information collected by K-12 schools and higher education institutions on student socio-economics, race and sex, test performance, academic performance,...more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior...more

State Legislatures Protect Student Data and Mandate Greater Transparency

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

NLRB: Student Teaching Assistants Can Be Employees Under the NLRA

In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

Federal Judge Reverses Own Ruling on Release of Student Data

“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’...more

New Illinois Law Addresses Sexual Assaults on College Campuses

House Bill 821, intended to help colleges and universities prevent and address sexual assaults, was signed into law by Illinois Governor Bruce Rauner on August 21, 2015. The new law, which goes into effect August 1, 2016,...more

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