News & Analysis as of

Educational Institutions Personally Identifiable Information FERPA

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

Fisher Phillips on

Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...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

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

Harris Beach PLLC

Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

Harris Beach PLLC on

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the...more

Bond Schoeneck & King PLLC

New York State Education Law § 2-D: Where Are We Now? 

Two and a half years have now passed since the New York State Board of Regents put regulations implementing New York State Education Law §2-d into effect. Since then, educational institutions across the state have faced many...more

Locke Lord LLP

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

Locke Lord LLP on

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

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

Bricker Graydon LLP on

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

Womble Bond Dickinson

School Stakeholders Navigating Student Privacy

Womble Bond Dickinson on

Parents, students, and educators are navigating a novel educational landscape. Some schools are relying on a virtual model that requires significant technological involvement, others have opened up their facilities for...more

Bricker Graydon LLP

So, you want to record your lessons. What should you consider?

Bricker Graydon LLP on

As a result of the COVID-19 pandemic, school districts find themselves engaging in virtual education at unprecedented levels, and with this comes many questions that may not have been considered in the past, including whether...more

Pullman & Comley - School Law

U.S. Department of Education Clarifies That Video Recording Virtual Lessons and Making Them Available to Students Does Not Violate...

The U.S. Department of Education Student Privacy Policy Office recently provided more in-depth information regarding FERPA and virtual education in light of COVID-19 through a webinar. Much of what they discussed has already...more

Miller Canfield

COVID-19: DOE Guidelines on Student Privacy

Miller Canfield on

The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more

Pullman & Comley - School Law

Complying with FERPA During COVID-19

We all recognize the Family Educational Rights and Privacy Act (“FERPA”) as the federal law that prohibits the release of personally identifiable student information without the consent of a parent or eligible student. ...more

Robinson+Cole Data Privacy + Security Insider

FERPA and COVID-19 Virus DOE Guidelines

The COVID-19 virus is having an unprecedented effect on all aspects of our daily lives, and has hit the educational system especially hard with forced closures and cancellations....more

Stoel Rives - Global Privacy & Security Blog®

Family Educational Rights and Privacy Act in the Age of COVID-19

The U.S. Department of Education released some FAQs related to the Family Educational Rights and Privacy Act (FERPA) and corona virus. The Department’s Student Privacy Policy Office prepared the FAQs to assist officials in...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

Bricker Graydon LLP on

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 PLLC

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

Harris Beach PLLC on

Today, 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 regarding the application of the Family Educational Rights and...more

Franczek P.C.

The Real Risk of Data Breach And What Schools Can Do To Be Prepared

Franczek P.C. on

This summer, Pearson notified a handful of Illinois school districts that its AIMSweb 1.0 Platform had experienced a data breach that impacted over 13,000 account holders nationally. ...more

Cozen O'Connor

Privacy Primer: Family Educational Rights And Privacy Act (FERPA)

Cozen O'Connor on

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records. FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a...more

Goulston & Storrs PC

Health Care, Financial, and Educational Records Protections for Your College Student

Goulston & Storrs PC on

August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more

Hogan Lovells

Beyond FERPA: The California Consumer Privacy Act's new rules for privacy in the education sector

Hogan Lovells on

In June of 2018, California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective January of 2020 and may...more

Carlton Fields

Cybersecurity Obligations And Best Practices For Independent Schools

Carlton Fields on

Independent schools, like other non-profits, have valuable digital assets that bring cybersecurity obligations with them. For example, schools typically extend financial aid to students and medical benefits to employees only...more

Franczek P.C.

New Guidance Addresses FERPA Related to School Safety

Franczek P.C. on

On the heels of a report by the Federal Commission on School Safety suggesting that many school leaders remain confused about the ability to share student identifying information during an emergency situation, the Department...more

Patterson Belknap Webb & Tyler LLP

Education Department Toughens Tone on Cyber and Threatens to Pull Funding for Non-Compliance

Recently-issued guidance from the U.S. Department of Education (ED) threatens to “yank” Title IV funding for post-secondary institutions lacking appropriate data security safeguards....more

Mintz - Sports Entertainment Viewpoints

Athletes and their Biometric Data – Who Owns It and How It Can Be Used

More than ever before, biometric data, a term often used broadly to refer to metrics related to human characteristics, is being collected at a faster pace. Devices of all kinds are now able to able to track and store data...more

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