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FERPA Public Schools

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

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

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

Parker Poe Adams & Bernstein LLP

What Schools Need to Know About Immigration Enforcement Activities Under the New Presidential Administration

Schools are no longer exempt from immigration enforcement activities after President Donald Trump rescinded a Department of Homeland Security (DHS) policy last week that designated schools a "sensitive area" for immigration...more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

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

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

Harris Beach Murtha PLLC

Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the...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

Fox Rothschild LLP

Act 110 Imposes New Requirements On PA Schools Regarding Sexual Assault

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Pennsylvania public school entities should examine their school safety policies dealing with sexual assault to ensure they comply with new requirements imposed by Act 110 of 2020, which took effect on January 3 of this...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

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

Bradley Arant Boult Cummings LLP

Online Learning During COVID-19: FERPA Considerations

This is the third alert in a series of Bradley installments on privacy and cybersecurity issues that may arise during the current COVID-19 pandemic. This installment focuses on privacy concerns related to schools and...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

Husch Blackwell LLP on

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

Franczek P.C.

Schoology, Google Hangouts, and Zoom, Oh My! FERPA and Virtual Learning

Franczek P.C. on

In the week since the Governor of Illinois shut down Illinois public schools in response to the growing threat of coronavirus disease 2019 (COVID-19), school districts across the state have risen to the challenge of educating...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

Poyner Spruill LLP

Education in a Time of Corona: Student Privacy Law and the Coronavirus

Poyner Spruill LLP on

The coronavirus, officially COVID-19, is the most significant public health emergency in decades. The virus, believed to have originated in Wuhan, has expanded with astonishing rapidity. Despite government efforts, it has...more

Holland & Knight LLP

Coronavirus and Educational Institutions: Guidance for Healthcare Programs and Beyond

Holland & Knight LLP on

The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...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

Franczek P.C.

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

Franczek P.C. on

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

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

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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