One at One: Virtual Class & FERPA

Today’s Issue:

Are virtual classroom sessions considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”)?

Answer:

Yes, provided the recording is maintained by the District or on the District’s behalf. Under FERPA “education records” are defined as records that are: (1) directly related to a student; and (2) maintained by an educational agency or institution, or by a party acting for the agency or institution. If the District or vendor providing online class instruction services for the District maintains the record it should be treated as an education record pursuant to FERPA and is subject to the disclosure exceptions and requirements therein.

Resources:

https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20and%20Coronavirus%20Frequently%20Asked%20Questions.pdf

20 U.S.C. § 1232g(a)(4)
34 C.F.R. § 99.3

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Senior Associate

This post is for informational purposes only and should not be construed as legal advice.