News & Analysis as of

Educational Institutions Online Platforms

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 4, Issue 7, August 2023

You may be Entitled to Financial Compensation…for Your Data - “Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.” Why this is important: This...more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

Seyfarth Shaw LLP on

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Venable LLP

Hashtags and Headlines: The Rise of Social Media

Venable LLP on

Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more

Tucker Arensberg, P.C.

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

Tucker Arensberg, P.C. on

Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

Rumberger | Kirk

Justices Show Little Spirit for Expanding Tinker: SCOTUS Wrestles with Appropriate Standard for Regulating Off-Campus Student...

Rumberger | Kirk on

In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more

Franczek P.C.

United States Supreme Court Hears Argument in Historic Student Speech Case

Franczek P.C. on

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

Robinson+Cole Data Privacy + Security Insider

Vulnerabilities Found in Classroom Management Software

Although many students are returning to in-class learning, many others are still in a hybrid situation or fully remote at their own request. The rapid transition from in-school to the at-home learning setting has necessitated...more

TNG Consulting

Can an Online Threat Trigger the Need for An Emergency Removal Under Title IX?

TNG Consulting on

It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more

Franczek P.C.

The Kids are Online (All the Time): Remember Cyberbullying Risks

Franczek P.C. on

Whether your students are learning in a remote or a hybrid model, there is no doubt that they are online much more frequently these days than in the past—sometimes, it seems like they are online all the time. All of that time...more

Franczek P.C.

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Rumberger | Kirk

Third DCA Confirms that Florida Statute Extends Beyond School Property and into Cyperspace

Rumberger | Kirk on

On October 16, 2019, Florida’s Third District Court of Appeal upheld a conviction under Florida Statute section 877.13. The statute makes it a second degree misdemeanor for someone “[k]nowingly to disrupt or interfere with...more

Franczek P.C.

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

Franczek P.C. on

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Seyfarth Shaw LLP

Nonprofit Universities and Schools - Skip the Newspaper Publication of Your Nondiscrimination Policy

Seyfarth Shaw LLP on

At long last, tax-exempt schools, colleges, and universities can stop paying newspapers to annually publish their nondiscrimination policies, and instead satisfy the IRS publicity requirement by posting the policy on their...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019

Robinson & Cole LLP on

Just before the new year, the Department of Health and Human Resources (HHS) released voluntary cybersecurity practices for health care organizations, which consists of a main document, two technical volumes, and resources...more

Robinson+Cole Data Privacy + Security Insider

Fourth Circuit Expands Title IX Liability for Harassment Through Anonymous Online Posts

The Fourth Circuit recently held that universities could be liable for Title IX violations if they fail to adequately respond to harassment that occurs through anonymous-messaging apps....more

Sheppard Mullin Richter & Hampton LLP

eSports on the Rise as Collegiate Sport

Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer...more

Franczek P.C.

Supreme Court Refuses to Provide Clarity on Discipline for Off-Campus, Online Student Speech

Franczek P.C. on

The Supreme Court has a lot to worry about these days, like a year plus of finding out first hand what can happen (or not happen) to your ability to make precedent when you have a 4-4 deadlock on the Court. So its recent...more

Franczek P.C.

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Franczek P.C. on

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

Franczek P.C.

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

Franczek P.C. on

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

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