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 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
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
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
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
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
What student health information may be shared with whom in the event a student tests positive for the virus is one of the many interconnected issues for colleges and universities related to the COVID-19 pandemic....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
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
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
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
Federal Updates - The White House is expected to release its FY21 budget request on February 10. The Departments of Education and Health and Human Services released joint guidance on the application of the Family...more
On December 19, 2019, the U.S. Department of Health and Human Services and the U.S. Department of Education issued a "Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health...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
For the first time in over a decade, the U.S. Department of Education (DoE) and the Office for Civil Rights at the U.S. Department of Health and Human Services (OCR) have released updated joint guidance addressing the...more
Across the country, school districts use technology to facilitate learning and assist in classroom management. From tracking grades and communicating with parents to monitoring bathroom breaks, technology is everywhere in our...more
FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records. FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a...more
August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more