News & Analysis as of

Department of Education Student Records

Kohrman Jackson & Krantz LLP

FERPA Faux Pas: Avoiding Missteps as Your Child Steps into College

Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing...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

Holland & Knight LLP on

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

Jackson Lewis P.C.

Virginia Education Department Releases New Model Policies on Treatment of Student Gender Identity

Jackson Lewis P.C. on

The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies. The new policies provide that parents, not students, must communicate with...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

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

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

BakerHostetler

Departments of Education and HHS Release Joint Guidance on the Relationship Between FERPA and HIPAA

BakerHostetler on

At the end of 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and U.S. Department of Education Student Privacy Policy Office (ED) issued an update to their joint guidance on the...more

Harris Beach PLLC

Cracking the Compliance Code for Student Health Records

Harris Beach PLLC on

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

Saul Ewing LLP

The U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services Release...

Saul Ewing LLP on

On December 19, 2019, 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 addressing the application of the Family Educational...more

Holland & Knight LLP

Newly Updated Joint Guidance on the Application of FERPA and HIPAA To Student Health Records

Holland & Knight LLP on

On December 19, 2019, the U.S. Department of Health and Human Services and the U.S. Department of Education issued a "Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health...more

Harris Beach PLLC

New Guidance Clarifies Schools Health Records Governed by FERPA Are Not Subject to HIPAA

Harris Beach PLLC on

New guidance issued jointly by the U.S. Department of Education and the U.S. Department of Health and Human Services advises schools that most health information relating to students at federally-funded elementary and...more

Foley Hoag LLP - Security, Privacy and the...

Updated Joint Federal Guidance on Privacy for Student Education and Health Records

For the first time in over a decade, the U.S. Department of Education (DoE) and the Office for Civil Rights at the U.S. Department of Health and Human Services (OCR) have released updated joint guidance addressing the...more

Tucker Arensberg, P.C.

School Surveillance Videos are Not Educational Records under FERPA

Tucker Arensberg, P.C. on

Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more

Robinson+Cole Data Privacy + Security Insider

Smile and Say “Cheese” — When is a Photo an Educational Record under FERPA?

As the myriad of FERPA interpretation issues continues to cloud many educators’ understanding of what is permissible and not permissible under the statute, some assistance was recently provided by the U.S. Department of...more

Franczek P.C.

Department of Education Advises that Schools Can Comply with the Clear and Present Danger Reporting Requirements of the Firearm...

Franczek P.C. on

The Firearm Concealed Carry Act (CCA) went into effect in 2013. One of its provisions requires a principal or designee to make a report to the Illinois Department of State Police (ISP) “when a student is determined to pose a...more

Pullman & Comley - School Law

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

Robinson+Cole Data Privacy + Security Insider

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

Saul Ewing LLP

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

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

Holland & Knight LLP

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

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

Best Best & Krieger LLP

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

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

Holland & Knight LLP

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Holland & Knight LLP on

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

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