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Educational Privacy & Technology: Source Materials

Sources of Federal Law

 

Federal Law:  The most essential source of United States law is of course the Constitution of the United States of America.  Statutes (the United States Code) and Regulations (the Code of Federal Regulations) may be found at the following links and also in Lexis Advance, WestLaw and Bloomberg Law.  Print versions of these resources are generally available in the Library’s collection; consult the Library’s Online Public Access Catalog (OPAC) or a Reference Librarian:

The Constitution of the United States of America.

United States Code; United States Code Annotated (U.S.C.A. on Westlaw); United States Code Service (U.S.C.S. on Lexis Advanced).

Code of Federal Regulations and e-CFR.

Federal RegisterUse the Federal Register (published daily) and the List of CFR Sections Affected (LSA) to research the latest changes to federal regulations.

 

Federal Case Law

Federal Cases:  Depending upon the forum and the claims involved in the particular case, a researcher may need to find State and/or Federal cases to fully research their issue.

 

West Digest System:  Use the West Key Number System online to find cases relevant to educational and privacy issues (see, e.g., West Topic Number 141E, Education).

 

Court websites (selected Federal courts):

Supreme Court of the United States

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Eastern District of Pennsylvania

 

Court websites for other jurisdictions in the United States are available online.

Federal Statutes and Regulations

Selected Federal statutes and regulations regarding the privacy of educational records are presented below.  Other federal statutes and regulations may be relevant to specific inquires in this area.  Research these materials using the resources featured here, or consult a Reference Librarian for further assistance.

Family Educational Rights and Privacy Act of 1974 (FERPA)

Children's Online Privacy Protection Act of 1998

Family Educational Rights and Privacy, 34 CFR Part 99

Children's Online Privacy Protection Rule, 16 CFR Part 312 ("COPPA")

State Law

State laws relevant to education and privacy will vary; Pennsylvania law is featured below.  Resources for researching the law of other states are available in the Law Library and by using the databases presented here.  Consult a Reference Librarian for assistance in researching the laws of the several states.

 

Pennsylvania Case Law:  Pennsylvania state court opinions are published in various official and unofficial court reporters, and are available online on Westlaw, Lexis Advance, and Bloomberg Law.  Opinions may also be available on the relevant court’s website:

Unified Judicial System of Pennsylvania

Philadelphia Court of Common Pleas:  Opinions

Pennsylvania Case Opinion Databases:

Westlaw

Lexis Advance

Pennsylvania Statutes and Regulations:  Pennsylvania statutes and administrative rules have numerous provisions dealing with education law and with privacy issues.  Below are some selected provisions; others can be found through further research using the resources featured in this Guide:

The Constitution of the Commonwealth of Pennsylvania.

Pennsylvania Consolidated Statutes Annotated (Reserve: KFP30 1930 .A44).

Pennsylvania Statutes & Court Rules:

Pennsylvania Statutes:  Title 24. Education

Public School Code of 1949 24 P.S. §§ 1-101-27-2702

Pennsylvania Regulations (Pennsylvania Code):  The  Pennsylvania Code is Pennsylvania's official publication of rules and regulations governing the operation's of state agencies. 

Title 22:  Education

The Pennsylvania Bulletin is Pennsylvania's official weekly publication noting changes to state court rules, executive orders, and agency regulations and notices.