FERPA

The OSBA Legal Assistance Fund (LAF) recently participated in an Ohio Supreme Court case between The Ohio State University (Ohio State) and ESPN. The LAF joined the Ohio Legal Rights Service, Community Legal Aid Services, and Northeast Ohio Legal Services, and submitted an amici curiae brief arguing that Ohio State was prohibited from disclosing the records requested by ESPN pursuant to Ohio's Public Records Act and the Family Education Rights and Privacy Act (FERPA).

HIPAA, the Health Insurance Portability and Affordability Act of 1996 and its regulations contain a Privacy Rule that requires covered health care providers to keep health information confidential. The Family Educational Rights and Privacy Act (FERPA) covers students enrolled in elementary, secondary and postsecondary schools that receive federal funding. It requires school districts to keep confidential students' personally identifiable information other than directory information.