News & Analysis as of

Student Privacy

The Politics of Access to Student Data

by McGuireWoods LLP on

Combine several hotly contested elections for state office, traditional voter registration and mobilization tactics, a progressive special interest group and the use of an existing law to gain access to tens of thousands of...more

New Jersey Appellate Division Clarifies Rights to Disclosure of School Records Under Public Records Law

by Genova Burns LLC on

In a lengthy, published opinion, the New Jersey Appellate Division recently ruled on four appeals from different trial courts (that had reached conflicting results) about the ability of a nonprofit advocacy organization for...more

Protecting Student Data: Student Privacy Requirements and Guidelines for Post-Secondary Institutions

by Reed Smith on

Technology plays an increasingly important role in the learning experience for students from kindergartners through college and beyond. It also improves the student interaction with learning materials and provides educators...more

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

by 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

CAS Legal Mailbag Question of the Week - September, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Does HIPAA permit a physician or covered entity to release physical exam results to the school nurse, without prior authorization, for the purposes of permitting a student to participate in school...more

Texas Legislature Passes Student Privacy Act

by Jackson Walker on

House Bill No. 2087, known as the Student Privacy Act, is one of many bills the Texas Legislature passed this year focusing on data privacy and cybersecurity. Our legislators are recognizing that the way we do business and...more

2017 Education Legislation Summary

by Shipman & Goodwin LLP on

In its 2017 regular session, the General Assembly made a number of changes in the statutes affecting public education in Connecticut. This summary is intended to give you a brief overview of some of the more significant...more

ALERT: Interim CT Legislative Update

by Pullman & Comley, LLC on

The Connecticut General Assembly enacted a number of laws during its regular session that will impact Connecticut schools and public-sector employers. Among other things, bills have been enacted that...more

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

by Tucker Arensberg, P.C. on

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

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

“Big Data” and Student Privacy Create Tensions for Lawmakers and Educators

by McGuireWoods LLP on

“Big data” in the education context refers to the massive amount of information collected by K-12 schools and higher education institutions on student socio-economics, race and sex, test performance, academic performance,...more

CAS Legal Mailbag Question of the Week – June, 2017

by Shipman & Goodwin LLP on

Originally published in CAS Weekly Newsletter - June 12, 2017. Dear Legal Mailbag: The typical public school nurse today most likely works with several students with severe and/or life threatening conditions that often...more

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

Notable New State Privacy and Data Security Laws – Part Two

by Snell & Wilmer on

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security...more

Advertising Law - February 2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Know Where Your Student Data is Going!

by Franczek Radelet P.C. on

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history....more

CAS Legal Mailbag Question of the Week – October, 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As an assistant principal, my responsibilities include dealing with students who have disciplinary issues. While most of these students are good people just caught doing bad things, I am afraid that a...more

State Legislatures Protect Student Data and Mandate Greater Transparency

by McGuireWoods LLP on

Public schools have generated and maintained massive amounts of student information for decades. Standardized test scores, grades, conduct records, psychological and medical information, student assessments, child and parent...more

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Montana Supreme Court Struggles with the Intersection of FERPA and State Open Records Laws

While investigating sexual misconduct at the University of Montana’s campus, bestselling author Jon Krakauer filed a request with the office of the Commissioner of Higher Education of the State of Montana to inspect specific...more

PTAC Releases Guidance Video Concerning Use of Email and Student Privacy

by Shipman & Goodwin LLP on

The Privacy Technical Assistance Center (“PTAC”), a resource established by the U.S. Department of Education, recently released a guidance video concerning the use of email in schools and student data privacy. In this short...more

Privacy Rules Surrounding Student Mental Health

by Davis Wright Tremaine LLP on

September can bring about lots of changes, especially for college students. The National Alliance on Mental Illness (NAMI) released a guide for departing college students and their families on mental illness, including...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

by Holland & Knight LLP on

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

First Day of School for the NYS Education Department’s New Chief Privacy Officer

As New York public schools increase the use of technology in day-to-day operations and in the classroom, they increasingly face data management and data security threats similar to those faced by businesses and non-profit...more

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