News & Analysis as of

FERPA Department of Education

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

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

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...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

Pierce Atwood LLP

Enforcement of U.S. Consumer Data Privacy Laws Part 1: Federal Agency Enforcement

Pierce Atwood LLP on

A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more

Holland & Knight LLP

U.S. Department of Education Issues New Guidance on Third-Party Servicers

Holland & Knight LLP on

The U.S. Department of Education (Department) published its newest "Dear Colleague Letter" (DCL ID: GEN-23-03) on Feb. 15, 2023, making sweeping changes to the regulation of agreements between institutions of higher education...more

Fox Rothschild LLP

Which Privacy Protections Apply? HIPAA, FERPA And COVID-19

Fox Rothschild LLP on

A recent conversation with a colleague in California prompted me to write this. He said that as part of its back-to-school plan, his children’s elementary school district “highly encouraged” that all students be tested for...more

Franczek P.C.

Lessons from Recent ED Guidance on Civil Rights in Education Under COVID-19

Franczek P.C. on

Last week, the U.S. Department of Education issued a Questions and Answers for Postsecondary Institutions Regarding the COVID-19 National Emergency document reminding colleges and universities that responsibilities to...more

Franczek P.C.

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

Franczek P.C. on

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

Cooley LLP

Blog: Managing COVID-19 Disruption: ED Updates and Consolidates Guidance

Cooley LLP on

On April 3, the US Department of Education released additional guidance for institutions responding to the COVID-19 pandemic. The guidance provides some new information but primarily consolidates much of the previous...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

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

Bradley Arant Boult Cummings LLP

Online Learning During COVID-19: FERPA Considerations

This is the third alert in a series of Bradley installments on privacy and cybersecurity issues that may arise during the current COVID-19 pandemic. This installment focuses on privacy concerns related to schools 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

Blank Rome LLP

Protecting Student Privacy: DOE Issues Guidance for Educators on Permissible COVID-19 Disclosures Under FERPA

Blank Rome LLP on

On March 12, 2020, the U.S. Department of Education (“DOE”) issued a critical Frequently Asked Questions guidance document (and also established a resource page) for the education sector regarding compliance with the Family...more

Jackson Lewis P.C.

Department Of Education Issues Guidance On Students With Disabilities, Privacy During COVID-19 Pandemic

Jackson Lewis P.C. on

The U.S. Department of Education (DOE) has issued guidance to assist educators and educational institutions to ensure that students with disabilities continue to receive services mandated by the Individuals with Disabilities...more

Brooks Pierce

Schools Are Closed. Now What? Guidance For North Carolina Public School Districts

Brooks Pierce on

In light of CDC recommendations regarding COVID-19, North Carolina Governor Cooper issued an executive order closing all public schools in North Carolina for two weeks, beginning Monday, March 16, 2020, through March 30,...more

Fox Rothschild LLP

Coronavirus, Special Education And FERPA – Guidance From The Department Of Education

Fox Rothschild LLP on

As Pennsylvania schools grapple with the effects of coronavirus pandemic, they must plan for the needs of their special education students to avoid potential liabilities. The Department of Education issued guidance on March...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Releases Guidance Regarding FERPA and COVID-19

On March 12, 2020, the U.S. Department of Education (ED) released guidance for educational institutions regarding compliance with Family Educational Rights and Privacy Act (FERPA) in the context of the coronavirus outbreak...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

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...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

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

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