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FTC Targets Illuminate After Massive 2021 Student Data Breach — Families Left With Little Legal Recourse

FTC Targets Illuminate After Massive 2021 Student Data Breach — Families Left With Little Legal Recourse

The FTC announced enforcement action against Illuminate Education over a 2021 breach that exposed data for more than 10 million students, joining three state attorneys general that have fined the company and ordered security fixes. A federal lawsuit brought by affected families was dismissed by the Ninth Circuit, which found the stolen data did not constitute a concrete legal injury. The case underscores questions about vendor accountability, notification delays and the limits of legal remedies for students and parents.

School (in)Security is a biweekly briefing on school safety, vetted by Mark Keierleber.

This month the Federal Trade Commission announced plans to pursue enforcement action against Illuminate Education after a large 2021 cybersecurity breach exposed sensitive records for more than 10 million students. Federal scrutiny adds to a growing list of government responses following the incident, which federal and state officials say involved unauthorized access to student information.

Three state attorneys general have also imposed fines and security mandates on Illuminate, alleging the company misled customers about its cybersecurity practices and delayed notifying some school districts about the scope of the breach for nearly two years. The allegations raise urgent questions about vendor accountability, breach notification standards and protections for student data.

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Students walkout of East Mecklenburg High School in protest of U.S.Border Patrol operations targeting undocumented immigrants on Nov. 18 in Charlotte, North Carolina. (Getty Images)

Yet affected parents and students have struggled to obtain legal remedies. In September the Ninth Circuit Court of Appeals dismissed a federal lawsuit filed by breach victims in California, ruling that the theft of personal data — including grades, special education records and medical information — did not meet the court’s standard for a concrete legal injury.

The ruling leaves many families without straightforward legal recourse even as regulators consider enforcement and civil penalties. Privacy advocates say the case highlights gaps in existing law that make it difficult for victims of large-scale education data breaches to secure compensation or meaningful relief.

Other Recent Developments Affecting Schools, Students and Educators

Immigration Enforcement and School Attendance: In cities from New Orleans to Minneapolis, communities resisting federal immigration enforcement have taken steps to keep children in school amid increased federal activity.

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Vice chair Robert Malone during a meeting of the CDC Advisory Committee on Immunization Practices on Dec. 5 (Getty Images)

Child-Care Staffing Strains: Mass deportation efforts have strained the child-care sector, which relies heavily on immigrant preschool teachers. Many staff — most working legally — report heightened anxiety about encounters with immigration authorities.

Bullying of Immigrant Students: A survey of high school principals reports rising incidents of bullying targeting immigrant students, contributing to what some leaders describe as a growing "culture of fear."

Device Policy Change in Kansas: One Kansas middle school said it will stop issuing Chromebooks to every student, arguing that while technology has value, the school had become over-reliant on devices.

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A GOP push to limit public borrowing by graduate students could exclude many nursing students, as well as those training for several other professions. (Glenn Beil/Getty Images)

Lockdown Triggered by Clarinet: A Florida middle school briefly locked down after an automated threat-detection system was activated by a student carrying a clarinet in a manner that resembled a weapon.

Teacher Free-Speech Lawsuits: A California teacher sued after suspension over a Facebook post that criticized public figure Charlie Kirk; separate First Amendment suits have been filed by Florida teachers disciplined for social media posts following the same incident.

Turning Point USA In Texas Schools: Texas Governor Gregg Abbott announced a partnership with Turning Point USA to establish chapters at high schools statewide and warned of disciplinary action for educators who obstruct the effort.

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Vaccine Advisory Changes: A CDC advisory committee, after leadership shifts, voted to reverse a long-standing recommendation for routine newborn hepatitis B vaccination — a policy previously credited with reducing infant cases.

Measles Outbreak: A measles outbreak in South Carolina schools is accelerating, with some unvaccinated students subject to a second 21-day quarantine this school year.

Local Controversies and Safety Incidents: Incidents reported recently include students staged in a swastika formation on a school field, an adult film producer renting a campus gym for an explicit livestream, and a foiled school shooting plot in Texas after classmates reported threatening text messages.

Reporting compiled from The 74, Associated Press, The Guardian, NBC, KHOU, KWCH and other local news organizations.

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