Posted June 12, 2020
Are virtual classroom sessions considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”)?
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.
20 U.S.C. § 1232g(a)(4)
34 C.F.R. § 99.3
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