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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
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
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
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
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
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
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
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
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
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
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
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
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
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
High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more