(l-r) Anna Hosack, Anna S. Jewart, and Casey Alan Coyle of Babst, Calland, Clements and Zomnir. Courtesy photos Questions Abound Following Right-to-Know Law Decision Involving Student Records
Hawkins has clear implications regarding the treatment of school surveillance videos under FERPA and the RTKL. However, Hawkins raises several questions, including whether a nonpublic record can "become" public through redaction, and therefore, be subject to disclosure under the RTKL.
April 20, 2023 at 11:51 AM
9 minute read
Cases and Courts
In December 2022, the Pennsylvania Supreme Court issued its opinion in Central Dauphin School District v. Hawkins, 286 A.3d 726 (Pa. 2022), the latest in a line of cases considering the intersection of the federal Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g (FERPA), and the Pennsylvania Right-to-Know Law, 65 P.S. Sections 67.101-67.3104 (RTKL). The majority held that, while the school bus surveillance video at issue constituted an "education record" under FERPA, the school district was nonetheless required to release the video under the RTKL, following redaction of students' personally identifiable information (PII). Hawkins has clear implications regarding the treatment of school surveillance videos under FERPA and the RTKL. However, Hawkins raises several questions, including whether a nonpublic record can "become" public through redaction, and therefore, be subject to disclosure under the RTKL.
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