NSBA Legal Clips
Archived entries for FERPA

Florida appellate court rules that student email complaining about professor’s classroom behavior and teaching methods was an education record protected from disclosure under FERPA

A Florida Appeals court has ruled that a college did not violate the state public records law by refusing to provide a professor with an unredacted copy of a student’s email complaining about the professor’s classroom behavior and teaching methods, because the email was protected under the Family Educational Rights and Privacy Act (FERPA).

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Sua Sponte: U.S. Departments of Health and Human Services and Education issue letter to chief state school officers and child welfare directors re: The Uninterrupted Scholars Act amendments to FERPA

The U.S Department of Health and Human Services and Department of Education have issued a letter to Chief State School Officers and Child Welfare Directors regarding The Uninterrupted Scholars Act (USA) (Public Law 112-278), enacted on January 14, 2013, amending the Family Educational Rights and Privacy Act (FERPA).

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California district refuses to disclose discipinary records of accused school shooter

According to reports from local media outlet KGET 17, during a meeting with parents regarding a January 2013 school shooting, officials of the Taft Union High School District addressed the parents’ demand to know why the district refused to disclose the disciplinary records of Bryan Oliver, the accused shooter.

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Oklahoma education department posts online the records of students who filed appeals

The Tulsa World reports that the Oklahoma State Department of Education published online the educational records with personal information of 25 high school seniors.

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Public interest group’s suit challenges ED’s statutory authority to amend FERPA regulations

The Electronic Privacy Information Center (EPIC) has filed suit in the U.S. District Court for the District of Columbia against the U.S. Department of Education (ED). EPIC’s legal complaint challenges ED’s 2011 final regulations amending the Family Educational Rights and Privacy Act (FERPA) on the ground the agency exceeded its statutory authority by amending FERPA definitions without Congressional approval.

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New Jersey appellate court determines parent entitled to attorney’s fees for student record obtained through state open records act; not entitled to staff notes

A New Jersey appellate court has held that a father who sought school records related to alleged bullying incidents in which his children were targeted is entitled to attorney’s fees under the the New Jersey Open Public Records Act (OPRA) with respect to one disciplinary document related to another student. The court denied the father’s request for access to notes prepared by school staff at the direction of the school board’s attorney, finding that they are privileged under the attorney work product doctrine, and the father had failed to show a “special need” that outweighed the board’s interest in maintaining confidentiality.

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Arizona school district to install video cameras in buses

Tucson Unified School District’s (TUSD) board has voted unanimously to install 300 video cameras on its school buses at a cost in excess of $625,000, says the Arizona Daily Star. The board believes the cameras will reduce student disruptions, negative behavior and vandalism on buses.

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ACLU sues Florida school district for records regarding a student-led “Kick-a-Jew-Day” incident

The American Civil Liberties Union of Florida (ACLU-FL) has filed suit, says the Naples Daily News, against the Collier County School Board, alleging it failed to comply with its repeated requests for public records about 10 North Naples Middle School students who held a “Kick-a-Jew Day” in 2009. The lawsuit, filed in Collier Circuit Court, asks a judge to order district officials to make the public records available to the ACLU, which sought details about the 2009 incident. “At issue here is the duty of government agencies, including school boards, to comply with Florida’s open records laws that ensure transparency for the public,” ACLU-FL Legal Director Randall Marshall said . “This is about accountability.” He added, “Floridians should be able to trust that their public schools are safe places for students. This lawsuit asks that the Collier County schools fulfill their legal obligation to provide information to sustain that trust.” Jon Fishbane, the district’s general counsel, said the district provided what it could under the law.

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U.S. Department of Education issues proposed changes to privacy regulations

The U.S. Department of Education (ED) has issued a notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act (FERPA). These proposed rules, which would amend existing FERPA regulations, are now subject to public comment. According to ED, the proposed regulations would “give states the flexibility to share data to ensure that taxpayer funds are invested wisely in effective programs.”

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