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FERPA Educational Institutions Department of Education

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

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

Littler

Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions

Littler on

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

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

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

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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

Fox Rothschild LLP

Which Privacy Protections Apply? HIPAA, FERPA And COVID-19

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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

Miller Canfield

COVID-19: DOE Guidelines on Student Privacy

Miller Canfield on

The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

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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

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

Womble Bond Dickinson on

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

Bricker Graydon LLP

FERPA and Census 2020: Guidance for residence life staff

Bricker Graydon LLP on

On January 14, 2020, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) issued a letter to Institutions of Higher Education to address issues that may arise as a result of the 2020 Census. (Note that this...more

BakerHostetler

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

BakerHostetler on

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

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

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