News & Analysis as of

Educational Institutions Student Records

Bricker Graydon LLP

[Webinar] How the One Big, Beautiful Bill and the Ohio Biennial Budget Bill Will Impact Higher Education Institutions - July 28th,...

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INCLUDING ACADEMIC PROGRAMS, STUDENT LOANS AND FINANCIAL AID, REPORTING REQUIREMENTS, ENDOWMENTS, AND ON-LINE LEARNING - Join us for an essential deep dive into the sweeping changes introduced by the “One Big Beautiful...more

TNG Consulting

Tip of the Week: BIT Standards for Higher Education – Standard 7 

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As part of our series on NABITA’s Industry Standards for Behavioral Intervention Teams, we will focus on Standard 7, which deals with the intersection of behavioral intervention and confidentiality. This standard emphasizes...more

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

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Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Franczek P.C.

General Assembly Amends Act to No Longer Require Reporting of Gender Identity and Sexual Orientation Data

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We previously wrote about Public Act 102-0543, which required the Illinois State Board of Education (“ISBE”) to collect and report student sexual orientation, gender, and sex data. ISBE postponed implementation of the Act in...more

TNG Consulting

Tip of the Week: Case Management Standard 3 – Mission Statement

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The NABITA Case Management Standards and Best Practices guides members and practitioners and provides a structure for case management delivery. The standards create consistency and equity in settings with decentralized case...more

TNG Consulting

Tip of the Week: Case Management Standard 2 – Information Sharing

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The NABITA Case Management Standards and Best Practices guides members and practitioners and provides a structure for case management delivery. The standards anchor consistency and equity in settings with decentralized case...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

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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

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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

Franczek P.C.

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

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Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

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Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Bricker Graydon LLP

[Webinar] FERPA Compliance Certificate Program (Higher Education) - April 21st - May 26th, 6:00 pm - 7:00 pm EST

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The Center for Excellence in Higher Education Law & Policy is pleased to announce their highly popular program - The FERPA Compliance Certificate Program. Featuring a refreshing approach to developing knowledge and skills...more

Troutman Pepper Locke

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

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Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking,...more

Bricker Graydon LLP

[Webinar] FERPA Refresher for Higher Ed - September 8th, 12:00 pm - 1:00 pm EST

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What’s new in student confidentiality and compliance? How has the pandemic impacted student confidentiality on campus? Join avowed FERPA geeks Melissa Carleton and Warren Grody as we review what every higher education...more

Foley Hoag LLP

FERPA 101: Duties, Processes, and Issues to Keep in Mind During Litigation

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As colleges and universities know, higher education institutions have a duty to protect the confidentiality of student records, codified in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g. When...more

Bricker Graydon LLP

[Webinar] FERPA Compliance Certificate Program - March 8th - April 12th, 6:00 pm - 7:00 pm EST

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The Center for Excellence in Higher Education Law & Policy is pleased to announce a new program - The FERPA Compliance Certificate Program. Featuring a refreshing approach to developing knowledge and skills related to FERPA...more

Bradley Arant Boult Cummings LLP

The Man Behind the Curtain: College Admissions and FERPA Requests

Aspiring college students spend enormous amounts of time trying to unlock the magic formula that leads to those magic words: Congratulations, you’ve been accepted! But, for many students, the focus on admissions does not stop...more

Bricker Graydon LLP

Personally identifiable information concerning a deceased former student cannot be released without the student’s consent

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In a rare case where the Ohio Supreme Court’s analysis primarily focused on the Ohio Student Privacy Act, R.C. 3319.321 (OSPA), the Court determined the Act’s provisions apply to the records of a former student, even when the...more

Bowditch & Dewey

Gaining Access to Your College Student’s Records

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Now more than ever, during COVID-19, we need to have access to our student’s health and financial records. Many parents do not realize that once their child attains the age of 18 years old, they no longer have legal access to...more

Jackson Lewis P.C.

North Dakota Implements A New Student Privacy Law

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North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota...more

Holland & Knight LLP

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

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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

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

Womble Bond Dickinson

Privacy COUNTS: Act Now to Ensure That Your Census Participation Complies with Student Privacy Laws

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Preparations are well underway for the largest peacetime mobilization of federal resources—the decennial census. As a result of their “hard to count” student populations, as well as their obligations under federal student...more

Franczek P.C.

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

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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

BakerHostetler

Departments of Education and HHS Release Joint Guidance on the Relationship Between FERPA and HIPAA

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At the end of 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and U.S. Department of Education Student Privacy Policy Office (ED) issued an update to their joint guidance on the...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

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