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
We previously wrote about Public Act 102-0543, which required the Illinois State Board of Education (“ISBE”) to collect and report student sexual orientation, gender, and sex data. ISBE postponed implementation of the Act in...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
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
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
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
North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota...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
As part of the New York State budget for the 2014-2015 school year, Education Law §2-d was enacted to make provisions to protect the personally identifiable information contained in student records and in principal and...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
In June of 2018, California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective January of 2020 and may...more
Combine several hotly contested elections for state office, traditional voter registration and mobilization tactics, a progressive special interest group and the use of an existing law to gain access to tens of thousands of...more
Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more
On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more
The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more
When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more