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
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
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
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
Despite being just a few months old, Senate Bill 29 (SB 29) – a significant piece of student data privacy legislation – will soon look quite different. On December 4, both the Ohio Senate and the Ohio House unanimously passed...more
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
As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more
Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more
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
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more
On July 19, 2023, the New York State Education Department (NYSED) issued a memo indicating its Privacy Office will begin monitoring educational agencies’ websites for compliance with New York State Education Law §2-d and the...more
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
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
It has been more than a year since Collin’s Law went into effect, increasing hazing reporting and response requirements for Ohio colleges and universities. The legislation expanded the definition of hazing, increased the...more
The United States District Court for the Middle District of Pennsylvania has ruled that investigative materials regarding alleged hazing in the Penn State football program will remain confidential. In January 2020, Isaiah...more
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
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
Recently, several school districts have received FOIA requests from media outlets, including the Detroit Free Press, seeking completed restraint and seclusion documentation. Pursuant to state law, FOIA requests must be...more
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
August is upon us and you may soon be sending children off to college (virtually or in person). If your child is age 18 or older, you and your child will need to take some simple steps so that, in the event of an emergency,...more
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
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
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
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