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Department of Education FERPA

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

President Trump Orders Closure of the Department of Education: What Schools and EdTech Companies Need to Know About FERPA

On March 20, 2025, President Donald Trump issued Executive Order 14242 directing the Secretary of Education “to the maximum extent appropriate and permitted by law, [to] take all necessary steps to facilitate the closure of...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, April 2025

Welcome to our third issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - The...more

McGuireWoods LLP

Department of Education Issues Guidance on Student Privacy and Parental Rights, Imposes Reporting Requirements for State...

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On March 28, 2025, the U.S. Department of Education issued a Dear Colleague Letter addressed to the chief officers of state educational agencies (SEAs) and local educational agencies (LEAs), reminding them that the Family...more

TNG Consulting

Examining the State of Behavioral Intervention and Threat Assessment: Part One 

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Every two years, NABITA administers a survey to assess the current state of the behavioral intervention and threat assessment field. The 2024 State of the Field Survey is NABITA’s seventh since 2012. This detailed assessment...more

McGlinchey Stafford

Trump on Education: ICE Policy Reversal’s Impact on Schools

McGlinchey Stafford on

Since 2011, the U.S. Immigration and Customs Enforcement (ICE) has been restricted by policy from conducting raids and other immigration enforcement actions in “sensitive locations” like schools, churches, and hospitals....more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 17 - February 2025

The Georgia General Assembly wrapped up its work week on Thursday and vacated the State Capitol for a four-day weekend flanked by Valentine’s Day and the holiday commonly known as President’s Day. But President’s Day is...more

Littler

Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions

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In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our...more

McGuireWoods LLP

New Executive Order Aims to End “Radical Indoctrination” in K-12 Schools

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In his first two weeks in office, President Donald Trump has issued several executive orders affecting educational institutions. One order, signed Jan. 29, 2025, “Ending Radical Indoctrination in K-12 Schooling,” targets...more

Kohrman Jackson & Krantz LLP

Stop Hazing Act Adds Hazing Statistics to Those Reported by Colleges and Universities Nationwide

The Stop Hazing Act, passed on December 23, 2024, amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”). The Clery Act requires colleges and universities that receive...more

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

Franczek P.C.

Legal Watchlist for 2025

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The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school...more

Pullman & Comley - School Law

The Latest on FERPA, FOIA and School Videotapes

Connecticut’s Freedom of Information Act (FOIA) generally provides access to records created by public agencies (including school districts).  However, the FOIA contains an exemption from disclosure for “educational records”...more

McGuireWoods LLP

Stop Campus Hazing Act Creates New Requirements for Colleges and Universities

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On Dec. 23, 2024, President Biden signed the Stop Campus Hazing Act (SCHA), amending the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The SCHA requires recipients of federal...more

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

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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

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