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.
- 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.: Counsel for plaintiffs in a national class action against exam provider ACT, Inc. for the alleged disclosure and sale of confidential disability data to colleges and scholarship organizations and denial of the equal opportunity to participate in ACT's Educational Opportunity Service based on disability status. ACT agreed to a $16 million settlement payment to California plaintiffs and a permanent consent decree which will enjoin the discriminatory practices that were alleged in the lawsuit.
- 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)
- Co-Author, The Higher Education Industry Is Embracing Predatory and Discriminatory Student Data Practices, Slate Magazine (January 13, 2021)
- Author, 5 Things to Consider Before Your Child With Learning Differences Jumps on the Early PSAT Bandwagon, Test Prep Gurus (April 18, 2018)
- UC’s Record-Smashing Applications Put Long-Held Diversity Goals Within Reach, Los Angeles Times (January 29, 2021)
- University of California System can't use SAT and ACT tests for admissions, judge rules, CNN.com (September 1, 2020)
- A Court Orders the University Of California Not To Use The SAT Or ACT During The Pandemic, Forbes.com (September 1, 2020)
- Court Bars University of California From Using ACT and SAT for Fall-2021 Admissions, The Chronicle of Higher Education (September 1, 2020)
- Test Maker to Pay $16 Million For Divulging Students’ Disabilities, Disability Scoop (October 30, 2020)
- Class-action lawsuit filed against College Board about botched AP tests, The Washington Post (May 20, 2020)
- As Colleges Move Away From the SAT, Will Admissions Algorithms Step In, EdSurge (July 10, 2020)
- Can Algorithms Select Students Most Likely to Succeed, Slate.com (July 10, 2020)
- Claremont McKenna College, Member of the Board of Trustees
- UC Irvine Foundation, Member of the Board of Trustees
- California Consumer Attorney of the Year Finalist, 2021 (Consumer Attorneys of California)
- The Berger Institute for Individual and Social Development, Advisory Board Member
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)
News, Events & Insights
New York University School of Law, J.D.
- NYU Law Review, Articles Editor
Claremont McKenna College, B.A.
- cum laude
- Government Department Honors
- Miller Advocacy Group PC
- Pillsbury Winthrop Shaw Pittman LLP
- Gibson, Dunn & Crutcher LLP
Areas of Practice
- 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