News & Analysis as of

Public Schools 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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Governor Signs ‘Bathroom Bill’ Into Law, Impacting K–12 Schools and Higher Education Institutions in the State

On November 27, 2024, Ohio Governor Mike DeWine signed into law Senate Bill (SB) 104, adding Ohio to the list of a dozen states with restrictions on bathroom access by transgender individuals....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

Holland & Knight LLP

Pennsylvania Supreme Court Addresses Nexus Between Educational Privacy, State Open Records Laws

Holland & Knight LLP on

More than 50 years ago, Justice Michael Musmanno, speaking for the Pennsylvania Supreme Court, eloquently expounded on the importance of the right to privacy in the Commonwealth of Pennsylvania: The greatest joy that can be...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

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

Husch Blackwell LLP on

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

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

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

Franczek P.C.

Is My Public School, Private School, or College or University Subject to the HIPAA Privacy Rule? Revised Federal Guidance Provides...

Franczek P.C. on

School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.

Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents the right...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

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...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

McGuireWoods Consulting

Education Policy Update

Federal Updates - Last week, U.S. Senators Dick Durbin (D-IL), Ed Markey (D-MA), and Richard Blumenthal (D-CT) sent letters to numerous education technology companies expressing concern about “vast amount of data being...more

McGuireWoods Consulting

Education Policy Update

Federal Updates - Secretary DeVos testified before the House Education and Labor Committee and answered questions on the president’s FY20 budget request, arming teachers, school choice, and other issues. ...more

Husch Blackwell LLP

Privacy, Please: FERPA Issues Impacting K-12 Public Schools

Husch Blackwell LLP on

The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents, students over 18, and postsecondary students the right to access education records, the right to seek to amend those records, and the...more

Tucker Arensberg, P.C.

Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

Tucker Arensberg, P.C. on

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy...more

Tucker Arensberg, P.C.

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

Robinson+Cole Data Privacy + Security Insider

EFF Report Finds That Student Data is Not Adequately Protected By Ed Tech Companies

On April 13, 2017, the Electronic Frontier Foundation (EFF) published Spying on Students, a report detailing its investigation into school-issued devices and student privacy. EFF found that parents were overwhelmingly not...more

Mintz - Privacy & Cybersecurity Viewpoints

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to...more

Ward and Smith, P.A.

Don't Be Tardy. Get Schooled on North Carolina's New Education Technology Law Now!

Ward and Smith, P.A. on

New NC Law Enhances Student Privacy Rights and Restricts Providers of Online Educational Resources Education technology (or "EdTech"), organizations will want to pay close attention to a new North Carolina statute that...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

Cooley LLP

Alert: Student Data Privacy: States Keep Up the Momentum

Cooley LLP on

While Congress continues to consider (but not act on) nationwide student data privacy initiatives, the states continued to lead the charge in 2015. Earlier this year, we reported that, in 2014, 36 states introduced 110...more

Troutman Pepper Locke

Rapid Developments in State Student Privacy Laws

Troutman Pepper Locke on

In 2014, at least 16 states enacted laws regulating the privacy of student information. The trend is continuing in 2015, as at least 165 state student privacy bills have been introduced thus far, six of which have already...more

Franczek P.C.

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

Franczek P.C. on

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

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