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Overview
Consent Exceptions, Best Practices for Amending Records, and More
Are you positive that you're fully FERPA compliant? Or are you risking pricey privacy violations? Join our knowledgeable faculty as they guide you through FERPA compliance in depth. Determine how FERPA applies to virtual classrooms, delve into the rights of students and parents, and much more. Build your knowledge - register today!
- Discover what constitutes an “education record” under FERPA.
- Examine best practices for ensuring FERPA compliance in the digital era.
- Review the different access and disclosure rules.
- Determine when you can - and cannot - amend records.
- Identify the top FERPA mistakes that attorneys and educators make.
Abbreviated Agenda
- Understanding Education Records Under FERPA
- FERPA Compliance in the Electronic Era
- Access, Disclosure Rules, and Consent Exceptions
- Amending Education Records: Legal Best Practices
- Common FERPA Missteps and Risk Management Strategies
- FERPA Investigations and Enforcement Essentials
- Navigating FERPA Matters: Top Ethics Considerations
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Understanding Education Records Under FERPA
-
FERPA Compliance in the Electronic Era
- FERPA and Digital Records: Metadata and Other Key Considerations
- Texts, Emails, and Social Media: When Do They Become FERPA-Protected Records?
- Responding to Electronic Access Requests for Education Records
- Applying FERPA to Virtual Classrooms, LMS Platforms, and the Cloud
- FERPA, Artificial Intelligence (AI), and Student Data
-
Access, Disclosure Rules, and Consent Exceptions
- Understanding the Rights of Students and Parents
- General and Written Consent Requirements - Explained
- Disclosure Without Consent (and Exceptions)
- Directory Information; Opt-Out Requirements
- Best Practices in Reviewing Records for Release
- Civil Litigation, Discovery, and Administrative Proceedings
-
Amending Education Records: Legal Best Practices
- Determining Which Records Can - and Cannot - Be Amended
- Allowing a Statement of Disagreement vs. Amending Records: When Is It Required?
- Response Timelines for Amendment Requests
- Record Amendment Hearings: Procedural Safeguards
- Denying Amendment Requests: How to Mitigate Risks
-
Common FERPA Missteps and Risk Management Strategies
-
FERPA Investigations and Enforcement Essentials
- Best Practices for Drafting Legally Sound Policies
- Key FERPA Enforcement Mechanisms and Administrative Procedures
- Recent OCR Enforcement Trends and Case Law Updates
-
Navigating FERPA Matters: Top Ethics Considerations
- FERPA Counseling: Ensuring Legal Competence
- Ensuring Confidentiality and Preventing Inadvertent Disclosures
- Advising Admins Who Feel Pressured to Disclose Records for PR Reasons
- Determining When to Withdraw From Representation
- Ethical Duties When FERPA Compliance Is Managed by Non-Attorney Staff
- Identifying and Resolving Conflicts of Interest
Who Should Attend
This program is designed for attorneys. School principals, superintendents, administrators, educators, privacy officers/compliance specialists, IT professionals, counselors, parents/guardians, paralegals, and other individuals may also benefit.
Speakers
Speaker bio
Daniel Levin
is an attorney with Frazer & Feldman, LLP where he focuses his practice on special education law, including representation of school districts in due process hearings, CSE meetings for IEPs, 504 plans, settlements, and manifestation determination reviews. Prior to joining Frazer & Feldman, LLP, Mr. Levin worked as senior counsel and legislative director in the New York State Senate, where he negotiated, drafted and advised state legislators on budget bills, voting rights legislation, criminal law and criminal justice reform, and local government issues. He also worked as a staff attorney and team leader for the Special Education Unit of the New York City Department of Education (DOE), where he investigated, settled and litigated due process complaints under the IDEA on behalf of the school district. Mr. Levin also drafted appeals to the State Review Office on IDEA hearings, and chaired a committee focused on improving the unit's litigation practice. As team leader, he supervised attorneys in representing the district on IDEA claims for settlements and hearings. Mr. Levin earned his J.D. degree from Albany Law School and was the symposium editor of the Albany Government Law Review. He earned his B.A. degree in political science from Binghamton University. Mr. Levin is admitted to practice in New York and is a member of the Nassau County Bar Association.
Speaker bio
Jessika Kleen
is founding partner at Kleen Education Law. She routinely interprets statutory, regulatory and constitutional matters as they apply to school districts, employees and students. Ms. Kleen reviews and drafts school board policies, negotiates collective bargaining agreements and assists in administrative compliance with established agreements, and consults on all aspects of personnel and labor relations, including hiring, discipline and discharge of employees; grievances and arbitration; contracting, bidding and procurement; and special education and student discipline matters. She has successfully represented clients in mediations, administrative hearings, and in state and federal courts including the United States Court of Appeals for the Third Circuit. Ms. Kleen has experience litigating cases related to the Individual with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, student disciplinary actions, Office of Civil Rights (OCR) and Department of Education complaints, and a wide variety of personnel related matters. She earned her J.D. degree from Rutgers School of Law-Newark. Ms. Kleen is a member of the New Jersey State Bar Association and American Bar Association, and is admitted to practice in New Jersey and in the federal court, including the United States Court of Appeals for the Third Circuit.
Speaker bio
Holly Marie Wilson
is an attorney in the Cleveland office of Reminger Co., LPA. She focuses her practice on litigation, encompassing a range of interconnected legal disciplines. Ms. Wilson leverages her years of experience and willingness to understand her client's strategic goals in employing sensible and successful approaches to the defense of each dispute, including professional liability and public entity/school liability. She serves as co-chair of Reminger's Appellate Advocacy Practice Group and has been instrumental in prosecuting appeals in state and federal appellate courts nationwide. Ms. Wilson uses her analytical and advocacy skills to resolve legal problems for her clients, from counseling to conflict resolution to litigation and beyond. As the chair of Reminger's Educational Law Liability Practice Group, she defends educators, institutions, and boards of education against various federal and state law claims, including § 1983, Title IX, Section 504, IDEA, and First Amendment causes of action. Ms. Wilson also counsels clients on risk management, safety concerns, and post-accident investigation. She serves as Reminger's vice president of Professional Development. Ms. Wilson earned her B.A. degree, cum laude from John Carroll University; her M.A degree, cum laude, from Cleveland State University; and her J.D. degree, cum laude from Cleveland State University College of Law. She is an adjunct professor, appellate practice with Case Western Reserve University School of Law. Ms. Wilson is a member of the Sixth Circuit Judicial Conference (life member), Judicial Conference for the Eighth Judicial District (life member), Defense Research Institute, Claims & Litigation Management Alliance, Ohio State Bar Association (member, Amicus Committee), Cleveland Metropolitan Bar Association and Ohio Council of School Board Attorneys. She is admitted to practice in Ohio, Supreme Court for the United States of America, U.S. Court of Appeals Sixth and Seventh circuits, and U.S. District Court, Northern and Southern districts of Ohio.
Speaker bio
Rachel M. Reight
is a partner with Baasten, McKinley & Co., L.P.A. She practices in the areas of labor and employment law, administrative law (State Employment Relations Board, Ohio Department of Education and Children Services Investigations), workers' compensation, and defense of teachers and associations. Ms. Reight is a frequent speaker at workshops for public educators, school employees and county developmental disabilities board employees in Cuyahoga, Lorain and Summit counties. She is a member of Ohio State and Stark County (Disputed Fee committee) bar associations. Ms. Reight earned her B.A. degree from The Ohio State University and her J.D. degree from the University of Toledo College of Law.
Speaker bio
W. Erik Weber
is a partner at Mefford, Weber and Blythe PC, where he practices in the areas of personal injury law, civil trial litigation, debtor/creditor law, bankruptcy, family law, estate and financial planning, and real estate. He is licensed to practice in the state of Indiana, U.S. District Court for both the Northern and Southern districts of Indiana, Seventh Circuit Court of Appeals, and U.S. Supreme Court. Currently Mr. Weber serves as legal counsel for the Municipal City of Auburn, Auburn Municipal Utilities, Auburn Plan Commission and Board of Zoning Appeals, DeKalb County Central United School District, Smith-Green Schools, DeKalb County Change Academy, and various other local entities. He is a member of the DeKalb County Bar, Indiana State Bar Association, American Association for Justice, and Council of School Attorneys and Municipal Attorneys. Mr. Weber earned his B.S. degree, cum laude, from St. Joseph's College of Rensselaer Indiana and his J.D. degree from John Marshall Law School in Chicago.
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