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George Bradford

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA... - 0 views

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    "In a 2002 case, the United States Supreme Court suggested that Congress envisioned FERPA applying only to files kept in a central file by a records custodian designated by the school, not to every record that might be generated across the school district by which a student can be identified. In Owasso Independent School Dist. No. I-011 v. Falvo, the Supreme Court found that students' assignments are not educational records under FERPA. 534U.S. 426. In so doing, the Court clarified that not every record in a school concerning a student is an education record. The Court looked to a provision in FERPA, 20 U.S.C. § 1232g(b)(4)(A), which requires that a record of access be kept when a request for student records is made. That record must be kept "with the education records" of the student. The Court found that this suggested that Congress intended that education records would be kept in one place. Moreover, FERPA requires that a "school official" and "his assistants" are responsible for the custody of the records. The Court indicated that this implies that "education records are institutional records kept by a single central custodian, such as a registrar, not individual assignments handled by many student graders in their separate classrooms."  534U.S. at 434-435."
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