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One of the increasingly prevalent measures is the use of security cameras. While security cameras can be useful in addressing and deterring violence and other misconduct, they also raise several legal issues that can leave school administrators in a quandary.Does the use of surveillance cameras to capture images violate a student or staff member’s right of privacy?Typically, FERPA-protected education records are excepted from the disclosure requirements of open-records laws.So if the recording is maintained by school officials as an education record because, for instance, it contains images of a student in an altercation, the district’s obligations under FERPA to protect the confidentiality of the recording will, in most cases, override its open-records obligations.There is little reason for districts to preserve the images.

Deterring Student Misconduct, Violence Many school administrators believe the use of surveillance cameras deters student misconduct and improves security and the overall school climate.Likewise, school administrators are obligated to protect the confidentiality of the recording from third parties.But if local media become aware of an incident and request to view the recording, is the recording a public record that must be disclosed to the media?When the recording is maintained by the school for disciplinary purposes such as these, the recording will likely qualify as an education record under FERPA.If so, the parents of the students who are subject to discipline are entitled to view the recording.

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