Marci Lerner Miller is a Partner in the Litigation and Government Investigations, Privacy and Cybersecurity, and Education Practice Groups, representing clients in matters involving data privacy, standardized testing, civil rights, disability rights, and accessibility. Ms. Miller represents students, families, and educational institutions in matters involving children’s privacy rights, protection of educational records, FERPA, COPPA, SOPIPA, and CCPA. Ms. Miller has extensive experience litigating matters involving all aspects of the standardized testing process, including disability and English language accommodations requests and appeals, score cancellations, and data privacy issues. In addition to advising on consolidated complex actions alleging the collection and dissemination of confidential and sensitive data, Ms. Miller regularly counsels educational institutions regarding student data collection, storage, and sharing policies in response to changes to California privacy laws, and reviews virtual education and online proctoring procedures for compliance with federal and state privacy laws.

Representative Experience

  • Kawika Smith, et al. v. Regents of the University of California: Representation of organizational and individual student plaintiffs in a landmark civil rights action involving the use of standardized exam scores in college admissions.
  • Bloom, et al. v. ACT, Inc.: Appointed as counsel for plaintiffs in a national class action against exam provider ACT, Inc., for the disclosure and sale of student disability data provided during registration.
  • The National Center for Fair & Open Testing (“FairTest”), et al. v. Educational Testing Services: Counsel for plaintiffs representing approximately one million examinees and organizational plaintiff FairTest in an action involving the administration of the at-home AP exams during the COVID-19 pandemic.
  • Counsel for public charter school in ongoing matters involving virtual education, standardized testing practices, and accessibility issues.
  • Counsel for private independent high schools in matters involving compliance issues, special education, and employment.

Publications and Speeches

  • "Remote Proctoring Software: How It Has the Potential to Promote Bias, Undermine Privacy and Create Barriers to Accessibility," Yale Law School’s Information Society Project (ISP) and the Surveillance Technology Oversight Project (March 6, 2021)
  • "The Path of Law: A Gendered Perspective," CMC Annual Women and Leadership Workshop: The Future of Work (February 8, 2019)
  • Let’s Talk LD Conference (September 29, 2018):

    • "Mental Health and the Law in College"

    • "Legal Issues at the Intersection of College Planning and Transition"

    • "The California Education Code, Standardized Testing and Privacy"

  • LDCollegeCon (October 6, 2019):
    • "College Students/Privacy/The Law on Mental Health: What Changes Will I See in College?"

    • "Current Legal Issues Affecting Neuro-diverse Students"

  • "Legal Issues in College Admission for Students with Disabilities and Autism Spectrum Disorder," Independent Educational Consultant Association (IECA) Webinar Series (April 9, 2019) 
  • "What You Don’t Know About Learning Differences, Accommodations, and Standardized Testing," The Western Association For College Admission Counseling’s Annual Conference (June 2, 2018)
  • "School Advocacy for Parents of Students with Disabilities and Learning Differences," Cal State University, Long Beach, Department of Kinesiology-Camp Nugget (June 22, 2017)
  • College Placement for Students with Disabilities, Learning Differences or Mental Health Concerns," Cal State University, Long Beach, Department of Kinesiology-Camp Nugget (October 9, 2016)

Recent Media

Civic Involvement

  • Claremont McKenna College, Member of the Board of Trustees
  • The Berger Institute for Individual and Social Development, Advisory Board Member
  • University of California at Irvine, Executive Council Co-Chair of the UC Irvine Anti-Cancer Challenge
  • Community Advocates for Just and Moral Governance, Education Advisory Board Member
  • Camp Nugget at Cal State University, Long Beach, Community Partner and Sponsor

Memberships and Affiliations

  • University of California at Los Angeles, Certificate in College Counseling, Awarded with Distinction

  • Advanced Special Education Advocate Training (SEAT), USC’s University for Excellence in Developmental Disabilities and CHLA
  • Professional Member of the Independent Educational Consultants Association (IECA) with a Learning Disabilities (LD) Designation
  • Deaf and Hard of Hearing Bar Association (DHHBA)
  • National Association of College Admission Counseling (NACAC)
  • Western Association of College Admission Counseling (WACAC)
  • Association on Higher Education and Disability (AHEAD)

Education

New York University School of Law, J.D.

  • NYU Law Review, Articles Editor

Claremont McKenna College, B.A.

  • cum laude
  • Government Department Honors

Previous Experience

  • Miller Advocacy Group PC
  • Pillsbury Winthrop Shaw Pittman LLP
  • Gibson, Dunn & Crutcher LLP

Admissions

  • California
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Bankruptcy Court for the Central District of California

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