Guidance from DOE on Videos as Education Records

Volume 30, No. 3

Here’s a common scenario. A fight breaks out in a hallway between Student A and Student B. Student C, a bystander, gets injured. All the while, a video camera silently captures the scuffle.

The parent of Student A later demands a copy of the video. How should you respond?

A recent FAQ from the U.S. Department of Education (“DOE”) provides helpful guidance on this question – and others – related to photos and videos and their treatment under the Family Educational Rights and Privacy Act (“FERPA”). The FAQ explains that a parent (or eligible student) has the right to inspect or review a photo or video if it fits within FERPA’s definition of an education record. …To continue reading, visit

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