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Is Algorithmic Transparency the Next Regulatory Frontier in Data Privacy?

By William J. Roberts and Catherine F. Intravia on Posted in Colleges and Universities, Independent Schools, Public Schools, Records (Student Records), Rights of Students, Students

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?

By William J. Roberts and Leander A. Dolphin on Posted in Colleges and Universities, Independent Schools, Records (Student Records), Rights of Students

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

By Anne H. Littlefield on Posted in Public Schools, Records (Student Records), Residency and School Attendance, Responsibilities, Rights of Students, 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

By Peter J. Maher on Posted in Extracurricular Activities, Public Schools, Records (Student Records), Rights of Students, 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

By Peter J. Maher on Posted in Board Organization, Authority and Responsibilities, Colleges and Universities, Federal and State Role in Education, Public Schools, Publications and Alerts, Records (Student Records), Rights of Students, Students

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

By William J. Roberts on Posted in Public Schools, Publications and Alerts, Records (Student Records), Students

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

Briefing on Public Act 16-189: An Act Concerning Student Data Privacy

By Gwen J. Zittoun and William J. Roberts on Posted in Board Organization, Authority and Responsibilities, Public Schools, Records (Student Records), Students

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

By William J. Roberts on Posted in Colleges and Universities, Independent Schools, Public Schools, Records (Student Records)

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

By Gwen J. Zittoun on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Public Schools, Records (Student Records), Students

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

By Julie C. Fay and Gwen J. Zittoun on Posted in Individuals with Disabilities Education Act (IDEA), Public Schools, Publications and Alerts, Records (Student Records), Special Education, Students

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

US Department of Education Releases Guidelines for Communicating Student Data Collection Practices to Parents

By Shipman & Goodwin LLP on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Records (Student Records), Students

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

By Shipman & Goodwin LLP on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Records (Student Records), Responsibilities, Students

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

By Shipman & Goodwin LLP on Posted in Board Organization, Authority and Responsibilities, Federal and State Role in Education, Records (Student Records), Students

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

By Shipman & Goodwin LLP on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Liability, Records (Student Records), Students

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

By on Posted in Individuals with Disabilities Education Act (IDEA), Records (Student Records)

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

By Shipman & Goodwin LLP on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Records (Student Records), Students

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

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