Walk into a school nowadays, and you're likely on camera before the first bell rings. Schools use video monitoring for discipline, behavior tracking, even teacher evaluations. But are they recording too much? And what does the law say when a parent demands to see the footage? Or when a kid gets suspended based on a video clip taken out of context? Let's zoom in.
Think your child's privacy rights were ignored—or that surveillance footage was used unfairly? Reach out to the experienced attorneys at the Lento Law Firm Student Defense Team. Call us at 888.535.3686 or fill out our confidential consultation form.
FERPA: The Federal Rulebook for School Snooping
FERPA (the Family Educational Rights and Privacy Act) has a dual purpose: to provide parents and eligible students with access to student education records, and to prevent those records from being shared without consent. FERPA defines student records as:
"[R]ecords that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution [including] grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail."
If a school actively captures video of your child, it is “maintained by the agency.” Videos captured by other students or bystanders are not.
A Double-Edged Sword
Here's an example of how FERPA can be a double-edged sword: let's say a fight breaks out in the cafeteria and three students are involved. Your child is accused of something serious—say, vandalism, assault, or mouthing off to a teacher—and the school has footage. Parent A wants the footage. The school says no, because it shows other kids too. Are they allowed to say that?
Yes—kind of.
Under FERPA, a video showing multiple students may be an education record for all of them, but that doesn't mean each parent automatically gets a copy. Schools can deny access if they can't reasonably redact or blur the identities of other students. And redaction can be expensive or technically impossible, especially in grainy footage.
The Bottom Line
Cameras in schools are everywhere—buses, hallways, cafeterias, classrooms—and they're not going away. But that doesn't mean they're always fair, or that footage will tell the whole story.
Here are some helpful actions:
- Ask whether cameras are always recording or motion-triggered.
- Inquire how long footage is kept.
- File a FERPA request if the video becomes part of a disciplinary issue.
- Consider legal advice if your child is disciplined based on surveillance footage.
Sometimes what happens on camera—and what actually happened can be very different.
Protect Your Child's Future: Contact the Lento Law Firm Today
The Lento Law Firm Student Defense Team fights back when the footage tells only half the story. We'll help you navigate FERPA, protect your child's record, and challenge school discipline. Call us at 888.535.3686or fill out our confidential consultation form.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment
Comments have been disabled.