1232g(a)(4)(A) 34 CFR § 99.3 “Education Record”) įERPA regulations do not define what it means for a record to be “directly related” to a student. When is a photo or video of a student an education record under FERPA?Īs with any other “education record,” a photo or video of a student is an education record, subject to specific exclusions, when the photo or video is: (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.
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