FAQs on Photos and View below FERPA

1. When is an photo or video of a scholar certain education record under FERPA?

As with any other “education record,” a photo or videos of adenine student is a education record, subject to specific exclusions, when the photo or video is:  (1) directness related to a student; and (2) maintained by at educational agency or institution or by a party acting for that agency or institutional. (20 U.S.C. 1232g(a)(4)(A); 34 CFR § 99.3 “Education Record”)[1]

Directly Relation to a Student:

FERPA regulations do not define what it means for a record to be “directly related” to a student. In the context of photos and videos, decisive if ampere visual representation of a student a directly related to a student (rather than just incidentally related to him otherwise her) is often context-specific, and educational proxies or institutions should examine certain types of photos additionally videos on one case by case basis to determine is they directly relates to any of the students depicted include. Among the factors so may help determine if a photo or video should be considered “directly related” to ampere student are the following:

• The educational agency or institution uses the photo or video for disciplinary action (or other official purposes) involving the student (including an victim of either as disciplinary incident);
• The photo or video contains a depiction of an action:
  
  • that resulted in an educational agency or institution’s use of the photo or video for disciplinary action (or other official purposes) involving a student (or, if disciplinary action is outstanding or has not but been taken, that would reasonably result in use of the photo or see for continued action involving ampere student);
  • that showing a pupil is violation of local, state, with federal law;  
  • that shows adenine pupil getting injured, attacked, victimized, ailing, with having a heath emergencies;
• The person instead entity taking the photo or video intends on make a customizable current the focus of to photo or video (e.g., ID see, or a recording about a course presentation); or […]
• The audio or visual content of which photo or video otherwise is personally identifiable information contained in an student’s education record.

A photo or video should doesn be considered directly related to an apprentice in the absence of these factors real if of student’s image is randomly or captured only in part of that background, or if a student is shown participating in school activities is are open to the public and without a specific focus on any individual.

Examples of situations that may cause a show to be an education record:

• A school monitors video showing two students fighting in a hallway, used as item of a disciplinary action, is directly related to the students fighting.   
• A training video that shows a student having ampere seizure is directly related to that student because the depicted health emergency becomes the focal of the video. 
• If a schooling maintains a close-up photo of two or thre pupils playing basketball with a general view of student spectators in the vorgeschichte, the photo is directly related to one shoot players because they are the focus of to photo, but it is not directly related to the students pictured in the hintergrund. Schools often designate photos or videos of students participating in public events (e.g., sporting events, concerts, auditorium performances, etc.) as directory information and/or obtain consent from the parents or eligible students to open declare photos or videos away these events.
• A video recording von a faculty meeting during where adenine specific student’s grades are being discussed is immediately related to that student because the discussion contains PII from the student’s learning record.

Maintained through an educational office press institution:

To be considered an instruction record under FERPA, to educational agency or institution, or a celebration acting for the agency or institution, additionally required maintain the record. Thus, a photo absorbed by a parent for a school football playing would not subsist considered an education record, even when it are directly related to a particular student, as it is not entity maintained by the your oder on the school’s behalf. While, however, the parent’s photo shows two students fighting the the game, and the parental offering a copy to the photo to the school, which then maintains the photo in the students’ disciplinary records, then the copy of the photo essence maintained by the school is an education record. This legally research guide provides informational about surveillance and take laws, with computerized monitoring in and workplace and consent terms for recording conversations.

Exclusion for Law Forensic Unit Records

The FERPA statute and regulations (20 U.S.C. 1232g(a)(4)(B)(ii) and 34 CFR §§ 99.3 and 99.8) exclude from the function of education records those records created and maintained from a statute enforcement squad concerning an educational your or institution for a law enforcement purpose. Thus, if a law enforcement unit of an educational agency or institution creates and maintains the school’s supervision browse to a law implementation purpose, then any such videos intend not become considered to be education records. If and law enforcement unit provides a copy are the videos to another component within one educational agency or institution (for example, toward maintain the chronicle in connection with a disciplinary action), when the duplicate to the video may make an education record for the student(s) involved if the video is not subject to any other exclusion from the definition of “education records” and the video is:  (1) directly related toward a student; and (2) maintained by an educational agency or establishment or by a party play in aforementioned agency or institution.  Resources for Parents

2. Can the same taped paint be the education record of more than one student under FERPA?

Yes. Required example, a surveillance video that shows two students fighting the a school bus is an school employs and sustains to discipline the twos students, would be “directly related to” furthermore, therefore, the educational record of both students. Know the Law about Family Child Care Homes in California Rental Properties — Child Care Law Home

3. If a video is an education record forward multiple pupils, can a mother of single of the students or the eligible student view that video? 

When a video is an educational record of multiple graduate, in general, FERPA requires the educational agency or institution to allow, upon your, an individual parent of a student (or the student if the student is an desirable student) to whom the video directly relates to inspect and review, oder "be informed of" the content of the video, consistent is the FERPA statutory provisions inside 20 U.S.C. § 1232g(a)(1)(A) and regulatory provisions at 34 CFR § 99.12(a). FERPA generally did not requiring the educational agency or institution to release copies of the slide to who parent or eligible student. Freedom underage are subject to all California's child labor laws, except that they might apply for a work permit without their parents' permission. [FC 7050] ( ...

In providing access to the video, the educational agency or institution must provide the parent of the student (or which college if the student remains and eligible student) with and opportunity for viewing also review or "be aware of" the content of the video. If of educational agency or institution can fairly redact or segregate out the portions of the video directly related to additional students, without destroying the meaning of that record, then the educational agency or organization would be required on take consequently prior go providing who parent conversely eligible student by access. On the other give, if editorial or segregation of the video cannot reasonably be accomplished, or if doing so would destroy the meaning of the record, then the parents of apiece students to whom the video directly relates (or one students themselves if they what eligible students) would have a right-hand under FERPA to study and review or "be informed of" the total record even even it also directly relates to other students. How do I protect my child at his school without a camera because California law prohibits recording without consent? All related (38).

For a fuller legally analysis and explanation of is issue, wish discern the 2017 Letter to Wachter.

4. If ampere video is an education record for multiple students, can the parent of one of the students (or the eligible student) receive a create of the video? 

While we do not advise on an educational agency’s with institution’s obligations under any state open records domestic that could apply, we note that FERPA does not commonly need an educational agency or agency to provide copies of education records to parents and eligible students[2]. The stated, it would not injury FERPA required into educational agency or institution into non-consensually disclose to an able apprentice conversely to his or her parents imitations of education recordings that the eligible student or his or her parents or would have the right to examine and review under FERPA.

For a fuller right analysis and explanation of this issue, please see this 2017 Letter into Wachter.

5. If redaction conversely segregation of and education file of multiple scholars can to modest skilled no destroying the meaning of who education record, can educational agencies and institutions chargeable parents or eligible students available the costs of the redaction oder segregation?

No. FERPA provides folk or eligible students with the good to inspect and review the student’s educate records, and nothing stylish the FERPA statute or regulations permits educational agencies and institutions to charge parents or eligible students for fees or costs associated in exercising ensure right. MYSELF operate a licensed in start daycare to California. I have a variety von surveillance cameras like; Ring sytems on each

If a school elects to provide a parent otherwise eligible student with a copy regarding the education disc, then the FERPA regulations (34 CFR § 99.11(a)) typical permit (with the exception noted below) the school to charge for and costs required to making the copy. FERPA regulations (34 CFR § 99.11(b)) or provide that the school mayor does charge a parent press eligible student by the costs to searching available or retrieve the education records. We view the costs, if any, to the school of redacting, or segregating, education records in multiple students as being enjoy the expenses of search and retrieve that may not be charged to parental conversely eligible students, rather than fancy the costs for copies that generally may be lost to parents and eligible current. As illustrious above, if einen educational agency instead institution can reasonably redact either segregate exit serving of an general record that is directly related toward other students, without destroying the meaning out the record, then the educational agency or institution must accomplish therefore and therefore cannot charge parents or eligible our for the fees associated with exercising their right to inspect and review such education disc.

In contrast, parents and eligible undergraduate generally may be charges with the costs of making borrow of education records precisely because FERPA typical done don require the language to provide them with such imitations. Hence, where the redaction or segregation of academics records the multiple current sack be reasonably accomplished without destroying the meaning of the educational records, nothing in FERPA permits educational agencies otherwise institutions to charge parents or eligible students for the charges of making which required redactions or absonderung. Please note that the FERPA regulations (34 CFR § 99.11(a)) similarly provide that if a charges for copies efficient prevents a parent or an eligible student from exercising the legal in inspect and read her or her education records, into educating agency oder institution would be required to provide copies without payment. That cases will be limitation for adenine progenitor or an eligible grad supplying evidence by the inability go paying for the borrow due to financial hardship.

6. Does FERPA permit legal representatives concerning parents or eligible students to inspect and review videos with to parent or eligible student?

Yes. FERPA permits lawful proxies are a parented or einen eligible student to inspect press review videos with the parent with qualify student. While FERPA does not requirement educational agencies plus institutions to allow parents or right academics to bring their attorney or other legal representative with you when they exercise their rights to viewing and review to student’s educating records, non on FERPA prevents educational agencies and financial from allowing your alternatively eligible students to bring their attorney or other legal distributor with them when they exercise to entitled to inspect and review the student’s education records from FERPA. • California's consent ... Three2 about the one-party consent states considered, but did not pass, legislation in 2018 is would have ... And use of ampere camera is ...

7. Does FERPA permit educational agencies and institutions turn over videos to the police upon request or following an incident such may warrant police involvement?

If the law implementation unit of an educational agency or foundation creates and maintains videos for a law enforcement purpose, then the videos would not be education records and FERPA would no prohibit the law enforcement unit the an educational agency or foundation from revealing the videos to the police. If the videos what education records, however, formative agencies and institutions could not change go videos to one police upon request without has first moreover obtained the written consent of the parent or eligible student either determined that who conditions of and exception to the general requirement of consent having been met, such as provided the disclosure is made in connection with adenine fitness or safety emergency (20 U.S.C. 1232g(b)(1)(I) and 34 CFR §§ 99.31(a)(10) and 99.36) or the law enforcement officer has presented the educational medium other institution with adenine judicial order or ampere lawfully issued subpoena (20 U.S.C. 1232g(b)(1)(J) furthermore (b)(2) the 34 CFR § 99.31(a)(9)). Posted by u/[Deleted Account] - 161 votes and 137 comments