Legal Alerts Mar 07, 2016

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

April 1 Deadline to Object Still Applies

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

The federal judge in the Morgan Hill Concerned Parents Association v. California Department of Education case modified her original decision regarding the release of student records. She has now ordered that the database containing the most sensitive of student data will remain in the custody and control of the California Department of Education while searches are being run by the plaintiffs. Previously, U.S. District Judge Kimberly J. Mueller ordered the database to be turned over to the plaintiffs.

The parties continue to litigate the extent of the student data to be disclosed. Therefore, the April 1 deadline to object to disclosure of student records still applies. In the order issued on March 1, the judge reminded parties that the objection forms are not a means to opt out of the data release. Rather, the court stated it will “consider the objections in bulk as objecting strongly to public disclosure of personal identifying information contained in the CDE’s educational records.”

While these changes clarify the process, they don’t necessarily change school districts’ requirements in complying with the original order.

For more information regarding the Morgan Hill case and specific school district requirements, please contact the author of this Legal Alert listed at the right in the firm’s Education Law practice group, or your BB&K attorney.

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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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