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.
Title VI Obligations
School districts have an obligation under Title VI not to discriminate on the basis of race, color or national origin. They cannot intentionally discriminate – that is, for example, treat African-American students differently than white students on the basis of race – or engage in practices that have a disparate impact on
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.
The Department of Education (“ED” or the “Department”) issued its long-awaited Notice of Proposed Rulemaking[1] 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.
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.
Schools and districts are being inundated with parental questions about how their schools will respond to inquiries or visits from immigration officials. To best answer, schools and districts should plan ahead. These are complicated legal, political and educational questions. We highlight some key issues below. For a fuller discussion of the legal issues in particular, check out the pamphlet that one of us wrote for the National School Boards Association. Husch Blackwell clients and members of the Council of the Great City Schools may also want to participate in our March 23, 2017 webinar on the legal rights of immigrant students.
Newly elected Missouri Governor Eric Greitens has announced that K-12 education reform will be one of his top priorities. He has called for more prudent use of public funds, and for a broader range of educational options for parents. The Missouri General Assembly has answered the call with a slew of bills addressing everything from education savings accounts to technical certification programs in high-schools. It is too soon to tell which, if any, of the bills will become law, but the sheer volume of “education reform” legislation moving through the process speaks volumes about the general assembly’s appetite for reform. Recent legislative activity includes: