In July 2022, two federal district courts on opposite sides of the country issued opinions that have the potential to have a major impact on non-profits and schools not accepting federal funding throughout the country.
On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher education institutions. This post identifies some of the key differences between requirements for K-12 and higher education institutions, as provided in the final regulations and related comments from the Department.
Interested in learning more? Join us December 3 and 4, 2020, for two half-day training sessions on Sexual Harassment and Sexual Assault in K-12 Schools – Title IX Compliance and Response to New Regulations. Register here.
Continue Reading K-12 Education v. Higher Education in Title IX Compliance: 2020 Regulations
On this day in 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. Â§1681 et seq., into law and on May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which will have a significant impact on schools all across the country. This post identifies some of the key takeaways from the final regulations and related comments from the Department. Below are hyperlinks to the high-level conceptual elements and requirements regarding the process from the regulations.
Continue Reading Title IX: Takeaways from Final Regulations and Comments from the Department
In February 2019, the U.S. Department of Education released new Family Educational Rights and Privacy Act (“FERPA”) guidance about schools’ and school districts’ responsibilities under FERPA relating to disclosures of student information to school resource officers, law enforcement units, and other stakeholders to explain and clarify how FERPA protects student privacy while ensuring the health and safety of all in the school community. See: https://studentprivacy.ed.gov/sites/default/files/resource_document/file/SRO_FAQs_2-5-19_0.pdf.
FERPA permits schools and districts to disclose education records (and the personally identifiable information (“PII”) contained in those records) without consent if the “school officials” have “legitimate educational interests” in the education records. Each school or school district must include in its annual notification what constitutes a “school official” and what constitutes a “legitimate educational interest.” Law enforcement who are employees of a school or district, would typically be considered a “school official.” Law enforcement that are off-duty police officers or school resource officers would typically be considered a “school official” if they fall into four specific categories. The categories include performing an institutional service or function for which the school or district would otherwise use employees, are under the “direct control” of the school or district with respect to the use and maintenance of the education records, are subject to FERPA’s use and re-disclosure requirements in 34 CFR § 99.33(a) allowing PII from education records to be used only for the purposes for which the disclosure was made (e.g., to promote school safety and the physical security of students) and limits the re-disclosure of PII from education records, and meets the criteria specified in the school or district’s annual notification of FERPA rights for being school officials with legitimate educational interests in the education records.
Continue Reading New FERPA Guidance from the U.S. Department of Education Relating to School Safety
The Department of Education (“ED” or the “Department”) issued its long-awaited Notice of Proposed Rulemaking to amend regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”) on November 29, 2018. Comments to the proposed regulation are due on or before January 30, 2019. Here are ten notice requirements the proposed regulation would impose on elementary and secondary schools if they become final.
Continue Reading 10 Notice Requirements in the Department of Education’s Proposed Title IX Regulations
The Department of Education (“ED” or the “Department”) issued its long-awaited Notice of Proposed Rulemaking to amend regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”) on November 29, 2018. As the Department has acknowledged, the proposed rules would adopt standards that significantly depart from those set forth in prior ED regulations and guidance under Title IX. Although much of the debate regarding the proposed rules has focused on institutions of higher education’s treatment of sexual harassment, the proposed rules also would significantly impact elementary and secondary schools. Husch Blackwell’s education team offers the following overview of the proposed rules, with a focus on the Department’s regulation of K-12 institutions.
Continue Reading Department of Education Issues New Title IX Regulations: What this Means for Elementary and Secondary Schools
In light of ever-increasing use (and abuse) of social media, school district personnel must be mindful of the rights and responsibilities—of students and of the school districts themselves—that come with this technology.
Interested in learning more about these rights and responsibilities? If you are a Husch Blackwell client or a member of the Council of the Great City Schools, join us next Tuesday, May 22, at 2:30 Eastern Daylight Time for a complimentary continuing legal education webinar. Click here to register.
Continue Reading Student Use of Social Media: Rights and Responsibilities
The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents, students over 18, and postsecondary students the right to access education records, the right to seek to amend those records, and the right to consent to disclosure of personally identifiable information in the records, except as provided by law. The authors of this post recently presented on this topic as part of the webinar series for clients and members of the Council of Great City Schools. …
Continue Reading Privacy, Please: FERPA Issues Impacting K-12 Public Schools
In light of shifting federal guidance and heightened awareness of sexual harassment, school districts should be on high alert with respect to their internal Title IX policies, staff, and training. Otherwise, they may face complaints with the Department of Education or litigation surrounding the incidents of alleged sex or gender discrimination, sexual harassment, or interpersonal violence.
Continue Reading Feeling the Shift in Title IX’s Landscape: Internal Policies and Procedures, OCR Investigations, and Litigation
On October 30, 2017, a national, Washington-based civil rights group, the Lawyers’ Committee for Civil Rights Under Law, issued a reminder to state attorneys general that all students, regardless of immigration status, have the constitutional right to enroll in K-12 public schools.
Continue Reading New Initiative to Ensure Access to Education for Immigrant Children