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Department of Education Students Student Privacy

Pullman & Comley - School Law

Undocumented Students And The Obligations To Cooperate With “ICE” --Take Two with Trump 2.0

Back in 2017, at the dawn of the first Trump administration, there was much concern about how school leaders should address issues involving “undocumented” students including the possibility of visits by the U.S. Immigration...more

Pullman & Comley - School Law

The Latest on FERPA, FOIA and School Videotapes

Connecticut’s Freedom of Information Act (FOIA) generally provides access to records created by public agencies (including school districts).  However, the FOIA contains an exemption from disclosure for “educational records”...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

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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

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, 2022

Welcome to our 6th edition of The Academic Advisor - our e-newsletter focused on education law insights. In this issue, we look at a variety of topics, including a recent federal court challenge to employment options for F-1...more

Franczek P.C.

ED Reminds Schools to Review FERPA Policies and Notices During COVID-19

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The U.S. Department of Education’s Student Privacy Policy Office (SPPO) recently reminded school districts and schools that receive funds from the Department to review and, if necessary, revise policies, procedures, and...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

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The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...more

Clark Hill PLC

U.S. Department of Education Releases Guidance on Student Privacy Related to Coronavirus

Clark Hill PLC on

The Student Privacy Policy Office of the United States Department of Education, which is the agency of the federal government that administers compliance with the Family Educational Rights and Privacy Act (“FERPA”), released...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

Bricker Graydon LLP

FERPA and Census 2020: Guidance for residence life staff

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On January 14, 2020, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) issued a letter to Institutions of Higher Education to address issues that may arise as a result of the 2020 Census. (Note that this...more

Harris Beach Murtha PLLC

Cracking the Compliance Code for Student Health Records

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

Holland & Knight LLP

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

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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 Murtha PLLC

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

Harris Beach Murtha 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

Husch Blackwell LLP

New FERPA Guidance From The U.S. Department Of Education Relating To School Safety

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In February 2019, the U.S. Department of Education released new Family Educational Rights and Privacy Act (“FERPA”) guidance about schools’ and school districts’ responsibilities under FERPA relating to disclosures of student...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

McGuireWoods LLP

Federal Agencies Respond to Concerns About Student Privacy

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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

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

McGuireWoods LLP

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

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“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

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

McGuireWoods LLP

Federal Judge Reverses Own Ruling on Release of Student Data

McGuireWoods LLP on

“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’ lawyers. ...more

Best Best & Krieger LLP

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

April 1 Deadline to Object Still Applies - The federal judge in the Morgan Hill Concerned Parents Association v. California Department of Education case modified her original decision regarding the release of student...more

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