Tag Archives: Family Educational Rights and Privacy Act

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of Family Educational Rights and Privacy Act (FERPA) and the Telephone Consumer Protection Act (TCPA) as it applies to educational … Continue Reading

U.S. Department of Education Issues Guidance on Student Medical Records

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 records in the context of litigation. FERPA generally prohibits a school from disclosing personally identifiable information from a student’s education … Continue Reading

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University of Central Florida Board of Trustees (UCF) must produce budget request forms and activity and service fee database records to Knight News, Inc. (KNI) in response to KNI’s public records request. The records indicate the amount of money paid to each student … Continue Reading

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the defendant brought suit against UNC, Jane Doe, and various school administrators after the Administrative Judicial Board found him responsible … Continue Reading

DOJ and DOE issue guidance on privacy rights of transgender students

On May 13, 2016, the Department of Justice and the Department of Education issued a “Dear Colleague Letter” (DCL) describing reasonable steps to protect transgender students under Title IX of the Educational Amendments of 1972 (Title IX) as well as the Family Educational Rights and Privacy Act (FERPA). Title IX prohibits discrimination on the basis … Continue Reading

House Committee examines student data privacy concerns

The House Committee on Education and the Workforce recently held a hearing to evaluate federal policies affecting education research and student privacy. At issue is whether and how Congress will update the 1974 Family Educational Rights and Privacy Act (FERPA), which protects student education records and provides how state and local education agencies collect and … Continue Reading

Federal student privacy law in flux

In recent months, the White House and members of Congress have called for an overhaul of the forty-year old Family Educational Rights and Privacy Act (“FERPA”) ((20 U.S.C. § 1232g; 34 CFR Part 99), which safeguards the privacy of students’ educational records. Originally enacted in 1974, FERPA applies only to federal funded elementary, secondary and … Continue Reading
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