Ever since Taylor dropped The Life of a Showgirl, our office chat hasn’t known peace. The “youth” (minus Jordan but including Bobby) are big fans, while the “olds” (non-derogatory) seem not to understand the cultural importance that is unfolding. But amid all the debate, we found a theme worth borrowing: knowing when to step out of the spotlight. That’s a lesson worth remembering when it comes to student records and a district’s obligations under FERPA.
Here a few quick FERPA reminders:
FERPA Doesn’t Forbid All Disclosures — Just Unauthorized Ones. Schools can share information without consent only if an exception applies, such as with school officials who have a legitimate educational interest, during health or safety emergencies, or under court orders. When in doubt, pause before sharing and check if an exception applies.
Surveillance Videos Can Be Education Records. If a school video is retrieved or used for discipline or maintained in a student’s file, it may become an education record subject to FERPA. Parents may view such videos if redacting other students is impossible without destroying the meaning.
Staff Conversations Count. Sharing information from education records in a verbal comment can violate FERPA if it’s shared with someone who lacks a legitimate educational interest or another applicable exception. Confidentiality applies to conversations about protected information as well as documents.
Confidentiality Extends Beyond Staff — Train Volunteers and Chaperones. Parent chaperones, tutors, community coaches, and volunteers often see or hear sensitive information during school activities. Provide brief FERPA, IDEA, and 504/ADA privacy training before things like field trips or volunteer events to prevent unintentional disclosures or “gossip” that can violate student confidentiality.
Looking for a quick training solution? We have a free seven minute training video you can show volunteers and chaperones on FERPA available here. As always, if you have any questions or want to talk training options (Section 504, IDEA, specific coaching and substitute teacher trainings, etc.), feel free to reach out to your favorite showgirls (ok–that’s a stretch) at ksb@ksbschoollaw.com.
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