FERPA Close-Up: When Video Captures Violence and Injury

48 Pages Posted: 21 Jun 2018

See all articles by Kitty L. Cone

Kitty L. Cone

Caldwell Law Office

Richard J. Peltz-Steele

University of Massachusetts School of Law at Dartmouth

Date Written: June 4, 2018

Abstract

Federal privacy law is all too often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing the ability of plaintiffs to access needed information.

Keywords: FERPA, privacy, transparency, public records, access, information, video, violence, education, public schools, children, safety, freedom of information, evidence

JEL Classification: I28, I29, K13, K14, K19, K23, K39, K41, K42, L38

Suggested Citation

Cone, Kitty L. and Peltz-Steele, Richard J., FERPA Close-Up: When Video Captures Violence and Injury (June 4, 2018). Oklahoma Law Review, Vol. 70, No. 4, 2018. Available at SSRN: https://ssrn.com/abstract=3191259

Kitty L. Cone

Caldwell Law Office ( email )

Little Rock, AR
United States

Richard J. Peltz-Steele (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
15089851102 (Phone)

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