News & Analysis as of

School Districts Public Schools FERPA

Bricker Graydon LLP

Is Your School District Health Plan Subject to HIPAA?

Bricker Graydon LLP on

For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable. This is because most records that contain medical information related to a...more

Tucker Arensberg, P.C.

Images of Students must be Removed from School Bus Surveillance Video when Responding to a Request for Records Under the...

Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020). Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before...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

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

Best Best & Krieger LLP

New Education Laws

Part 1: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Clark Hill PLC

Education Records Are Subject to FOIA Requests

Clark Hill PLC on

In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...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 PLLC

New Guidance Clarifies Schools Health Records Governed by FERPA Are Not Subject to HIPAA

Harris Beach 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

Tucker Arensberg, P.C.

OOR Determines that a School Bus Surveillance Video is a Public Record (708(b)(17); FERPA)

Tucker Arensberg, P.C. on

In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation.  The District denied the request, arguing that the...more

Tucker Arensberg, P.C.

School Surveillance Videos are Not Educational Records under FERPA

Tucker Arensberg, P.C. on

Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more

Bond Schoeneck & King PLLC

What School Districts Need to Know About the New Red Flag Law

On February 25, 2019, Governor Cuomo signed the “Red Flag” bill into law. The purpose of this law, also known as the “extreme risk protection order” law, is to prevent individuals from accessing firearms, rifles and shotguns...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #54 – Keep Student Data Safe

In the past few years, we have seen the explosion of “big data,” “data analytics,” “data aggregation,” “predictive modeling,” and “data breaches.” None of these terms existed when I graduated from law school. We have...more

Obermayer Rebmann Maxwell & Hippel LLP

Family Educational Rights and Privacy Act (FERPA)

Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more

Akin Gump Strauss Hauer & Feld LLP

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

Pullman & Comley - School Law

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such...more

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