Compliance Perspective: What's New in Healthcare Privacy
Webinar: Investigating and Resolving Sexual Assaults on Campus
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
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
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
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
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
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
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
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
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
Part 1: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more
In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...more
Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more
New guidance issued jointly by the U.S. Department of Education and the U.S. Department of Health and Human Services advises schools that most health information relating to students at federally-funded elementary and...more
In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation. The District denied the request, arguing that the...more
Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more
On February 25, 2019, Governor Cuomo signed the “Red Flag” bill into law. The purpose of this law, also known as the “extreme risk protection order” law, is to prevent individuals from accessing firearms, rifles and shotguns...more
The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents, students over 18, and postsecondary students the right to access education records, the right to seek to amend those records, and the...more
In the past few years, we have seen the explosion of “big data,” “data analytics,” “data aggregation,” “predictive modeling,” and “data breaches.” None of these terms existed when I graduated from law school. We have...more
On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with...more
Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more
In 2014, at least 16 states enacted laws regulating the privacy of student information. The trend is continuing in 2015, as at least 165 state student privacy bills have been introduced thus far, six of which have already...more
A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more
On September 29, 2014, California Governor Jerry Brown signed SB 1177 into law, effective Jan 1, 2015. The new privacy and advertising regulation goes beyond FERPA, the federal student privacy law, and existing state student...more
Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more