[Bryant Jackson]

Scott,

The question likely comes back to who controls the video recording system.

https://studentprivacy.ed.gov/faq/faqs-photos-and-videos-under-ferpa?

Exclusion for Law Enforcement Unit Records

The FERPA statute and regulations (20 U.S.C. 1232g(a)(4)(B)(ii) and 34 CFR ?? 99.3 and 99.8) exclude from the definition of education records those records created and maintained by a law enforcement unit of an educational agency or institution for a law enforcement purpose. Thus, if a law enforcement unit of an educational agency or institution creates and maintains the school’s surveillance videos for a law enforcement purpose, then any such videos would not be considered to be education records. If the law enforcement unit provides a copy of the video to another component within the educational agency or institution (for example, to maintain the record in connection with a disciplinary action), then the copy of the video may become an education record of the student(s) involved if the video is not subject to any other exclusion from the definition of “education records” and the video is:? (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution.

Thank you.

——————————
Bryant Jackson
Chief of Police
University of South Dakota
Vermillion SD
United States
——————————
——————————————-
Original Message:
Sent: 02-15-2023 08:34
From: Scott Leven
Subject: Video Policy

I am looking for policies and procedures related to video cameras in daycare centers.? We have a daycare center that is equipped with video cameras, however the director of the daycare is adamant that our department does not record certain areas of the daycare.? These areas are the classrooms and playrooms, which I feel can be high risk for injuries to the kids with no video to prove or disprove the story of the injury.

There is some debate at our institution regarding the video footage being a “school record” under FERPA, which would have to be released to the parents if they requested to view it.? Does anyone have any experience with this as well?? I’m going with the LE exception, unless it’s used for disciplinary action of course.

——————————
Scott Leven
College Director of Safety & Security
Ozarks Technical Community College
Springfield MO
(417) 447-6985
——————————