LEAs Archive

Data Stewardship: Managing PII in Electronic Student Education Records

May 12, 2017 | National Center for Education Statistics

Data Stewardship: Managing PII in Electronic Student Education Records

Administrators and data managers can help ensure the protection of personally identifiable information in the student records they maintain by developing and implementing a privacy and data protection program. The principles embodied in the Fair Information Practices adopted in the United States by the Federal Chief Information Officers Council and the Department of Homeland Security, […]

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Basic Concepts and Definitions for Privacy and Confidentiality in Student Education Records

May 12, 2017 | National Center for Education Statistics

Basic Concepts and Definitions for Privacy and Confidentiality in Student Education Records

This brief is intended to be useful for anyone responsible for the development, maintenance, protection, or use of student record data. This brief discusses basic concepts and definitions that establish a common set of terms related to the protection of personally identifiable information, especially in education records. SLDS Technical Briefs are intended to provide “best practices” for […]

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Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA’s Privacy Protections

May 11, 2017 | John Marshall Law Review

Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA’s Privacy Protections

This article outlines school social workers’ recordkeeping requirements, focusing on access and disclosure procedures designed to maintain an appropriate level of confidentiality for all therapy records. What makes the educational setting complex is that not only must school social workers comply with general confidentiality laws regarding social work records, they also must adhere to relevant […]

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Student Privacy 101: Health Privacy in Schools – What Law Applies?

May 11, 2017 | World Privacy Forum

Student Privacy 101: Health Privacy in Schools – What Law Applies?

Whether your records are covered under HIPAA or FERPA — or in some cases are not covered under any law — can be a challenging question to answer in some instances. Here are some basics to guide you through the most important parts of what information is covered by what law, when, and where.

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Please Don’t Tell My Mom! A Minor’s Right to Informational Privacy

May 11, 2017 | Journal of Law & Education

Please Don’t Tell My Mom! A Minor’s Right to Informational Privacy

This Article argues for a new and improved approach to adolescents informational privacy rights concerning matters of sexuality, such as minors’ exploration of sexual identity and minors’ access to sex-related health care. Departing from existing case law and scholarly commentary, this Article contends that courts should apply strict scrutiny to cases implicating a minor’s informational […]

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Dismantling a Dual-Headed System of Governance: How a Regulatory Overlap Undercuts the Security of Student Health Information in Public Schools

May 11, 2017 | Administrative Law Review

Dismantling a Dual-Headed System of Governance: How a Regulatory Overlap Undercuts the Security of Student Health Information in Public Schools

This article argues that regulating student health information through two separate federal statutes further monitored by two separate administrative agencies does little to either protect the privacy of student health information or ensure that this information is used to address student medical needs. This Article explains the inefficiencies created by this system of protecting student health […]

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Complying with COPPA: FAQs (Section M)

May 11, 2017 | Federal Trade Commission

Complying with COPPA: FAQs (Section M)

This FAQ document is a guide for businesses and parents on COPPA and a guide for small entities who work with student data on how to remain compliant with COPPA.

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Foster Care and Education Q&A

May 11, 2017 | American Bar Association Center on Children and the Law, Education Law Center, and Juvenile Law Center

Foster Care and Education Q&A

This Q&A document addresses how recent changes to FERPA can help child welfare agencies gain access to school records.

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