The person or entity taking the photo or video intends to make a specific student the focus of the photo or video (e.g., ID photos, or a recording of a student presentation) or.that shows a student getting injured, attacked, victimized, ill, or having a health emergency.

that shows a student in violation of local, state, or federal law.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 pending or has not yet been taken, that would reasonably result in use of the photo or video for disciplinary action involving a student).The photo or video contains a depiction of an activity:.The educational agency or institution uses the photo or video for disciplinary action (or other official purposes) involving the student (including the victim of any such disciplinary incident).Among the factors that may help determine if a photo or video should be considered “directly related” to a student are the following:

In the context of photos and videos, determining if a visual representation of a student is directly related to a student (rather than just incidentally related to him or her) is often context-specific, and educational agencies and institutions should examine certain types of photos and videos on a case by case basis to determine if they directly relate to any of the students depicted therein. 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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