Join Shipman & Goodwin attorneys Benjamin FrazziniKendrick and William Roberts; Christopher Wardrop, Senior V.P. Public Entity Practice of USI Insurance Services LLC; and Douglas Casey, Executive Director for the CT State Commission for Educational Technology (CET) for … Read more
Archives: Records (Student Records)
Subscribe to Records (Student Records) RSS FeedIs Algorithmic Transparency the Next Regulatory Frontier in Data Privacy?
On November 29, 2017, the House of Representatives Energy and Commerce subcommittee on Digital Commerce and Consumer Protection held a hearing on the use of computer algorithms and their impact on consumers.[1]
This was the latest in a series … Read more
Is Your Institution Ready for GDPR?
The requirements of the European Union (“EU”) General Data Protection Regulation (“GDPR”) come into effect on May 25, 2018. These regulations promise to usher in sweeping changes to the way institutions, companies, and other organizations collect and handle the personal … Read more
In Aftermath of Hurricane Maria, Connecticut School Districts Reminded of Obligations to Displaced Puerto Rican Students
On September 28, 2017, Connecticut Governor Dannel P. Malloy and Commissioner of Education Dr. Dianna R. Wentzell issued a joint memorandum to Connecticut superintendents of public schools outlining local educational agency (“LEA”) obligations to homeless youth displaced by natural disasters. … Read more
CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students
In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on February 23, 2017, Governor Dannel P. Malloy, together with Commissioner … Read more
U.S. Department of Education Changes Name of Office Responsible for FERPA
On January 19, 2017, the U.S. Department of Education issued new Family Educational Rights and Privacy Act (“FERPA”) regulations that change the name of office that administers and enforces FERPA from the Family Policy Compliance Office (“FPCO”) to the Office … Read more
Bill Roberts Suggests Quick Response to Student Data Breaches in SpecialEdConnection Article
With school districts potentially exposed to student data breaches as a result of advances in technology, Bill Roberts advises them to respond quickly when students’ personally identifiable information may be comprised. In an interview with SpecialEdConnection, he points out … Read more
PTAC Releases Guidance Video Concerning Use of Email and Student Privacy
The Privacy Technical Assistance Center (“PTAC”), a resource established by the U.S. Department of Education, recently released a guidance video concerning the use of email in schools and student data privacy. In this short video, the Department briefly explains the … Read more
Briefing on Public Act 16-189: An Act Concerning Student Data Privacy
In this webcast provided by the State of Connecticut Commission for Educational Technology, Shipman & Goodwin attorneys Gwen Zittoun, Bill Roberts and Ben FrazziniKendrick discuss the implications that Public Act 16-189 will have on school districts. The presenters explain the … Read more
School Data Privacy: Challenges and Best Practices
Schools collect, maintain, use and disclose a large amount of sensitive information of students and employees, including educational records, Social Security numbers, health plan information and health care records (medical, behavioral health, substance abuse, etc.). Schools may also utilize software, … Read more
U.S. Department of Education Releases Guidance: Terms of Service Agreements
The Privacy Technical Assistance Center (“PTAC”), a resource center established by the U.S. Department of Education for information on data privacy, recently released guidance relating to Terms of Service agreements. This new guidance – “Protecting Student Privacy While Using Online … Read more
Bureau of Special Education Issues Guidance on a School District’s Ability to Send Records to Out-of-District Placements
On December 24, 2014, the State Department of Education, Bureau of Special Education (the “Bureau”), issued guidance on a school district’s ability to send student records to out-of-district placements proposed by a student’s planning and placement team (“PPT”). Specifically, the … Read more
California Passes Sweeping New Law Protecting Student Data
The State of California has recently enacted a sweeping new law that restricts the use of student data by third-party vendors. This legislation prohibits education sites, apps, and cloud services, used by schools, from selling or disclosing personal information about
… Read moreUS Department of Education Releases Guidelines for Communicating Student Data Collection Practices to Parents
The U.S. Department of Education (“DOE”) has recently published a document with guidance for school districts concerning communicating with parents concerning the collection, retention and use of student data, entitled “Transparency Best Practices for School Districts.” This document can be … Read more
U.S. Department of Education Releases Best Practices for Protecting Student Data
The U.S. Department of Education’s Privacy Technical Assistance Center (PTAC) has recently released requirements and best practices for protecting student privacy while utilizing only educational services. The PTAC is intended to be a resource for school districts regarding data privacy, … Read more
States Send Letter to Department of Education Stating That They Won’t Share Student Data
Education chiefs from 34 states have made a public declaration that their states will not share personally identifiable student data with the federal government. In a letter sent to U.S. Education Secretary Arne Duncan on January 23, 2014, the state … Read more
New Study Warns of Risks of Using Cloud-Based Record Storage
School districts around the country are increasingly using cloud-based technologies to store their data. According to a recent study by the Fordham University Law School’s Center on Law and Information, however, many districts have not set clear policies for cloud-based … Read more
State Department of Education Clarifies Rules on Whether School Districts May Share IEPs With Paraprofessionals
The Connecticut State Department of Education (CSDE) has recently clarified the responsibilities of school districts under the Family Educational Rights and Privacy Act (FERPA) with regard to sharing Individualized Education Plans (IEPs) with paraprofessionals. The CSDE, through a brief sent … Read more
U.S. Department of Education Provides Technical Assistance to School Districts on Privacy, Security and Storage of Student Information
In an effort to assist educational institutions in the area of privacy, security and confidentiality of student records, the U.S. Department of Education has established the Privacy Technical Assistance Center (PTAC) which has published a number of documents on its … Read more
2012 Amendments to the FERPA Regulations
On December 2, 2011, the United States Department of Education (“Department”) issued revised regulations for the Family Educational Rights and Privacy Act (“FERPA”), the federal law that protects the privacy of education records. These new regulations went into effect January … Read more
U.S. Department of Education Announces Proposed Rulemaking under FERPA
The United States Department of Education (“DOE”) recently released a notice of proposed rulemaking pursuant to the Family Educational Rights and Privacy Act (“FERPA”). The proposed regulatory changes to FERPA were developed to address the extensive data sharing between and … Read more
Kentucky Attorney General Clarifies Scope of Education Records Disclosable Under FERPA
A parent in Kentucky requested all documents that involved his daughter, including communications between eight school district employees. The parent specified that this request included documents in any ” tangible medium,” including e-mail. The school district denied the parent access … Read more
Family Policy Compliance Office Releases Guidance Concerning FERPA and H1N1 Outbreaks
In October, 2009, the Family Policy Compliance Office (“FPCO”), issued a policy memorandum designed to guide local school districts in complying with the provisions of the Family Educational Rights Privacy Act (“FERPA”) in the context of general swine flu preparedness … Read more
Non-Custodial Guardians Rights Issue Clarified by Second Circuit
The Second Circuit U.S. Court of Appeals recently dismissed an IDEA claim of a noncustodial parent, based on the fact that he did not have any legal authority to make educational decisions on behalf of his disabled child. While school … Read more
