Texas Review of Law & Politics, Volume 20, Number 2, Spring 2016 Page: 206
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Texas Review of Law & Politics
According to regulations promulgated by the Department of
Education, FERPA protects information "linked or linkable to a
specific student that would allow a reasonable person in the school
community ... to identify the student with reasonable certainty."185
Even if a record contains information that meets the definition
of personally identifying information, it can still be released if that
information.is redacted.186.And "[b]y construction, practice, or,
most often, express statutory mandate, nearly all state FOIAs
provide that records containing information that is otherwise
exempt from disclosure must be disclosed if state officials can, with
reasonable effort, first segregate and redact exempt portions of the
records."187 This is the law in Arkansas.188 The process of redacting
personally identifying information from records before providing
them pursuant to FOIA is called "de-identifying" the records.189
This requirement that personally identifiable information be
removed before release of education records to the public is,
perhaps obviously, a stricter standard than that for the release of
education records to school officials, which merely requires a
"legitimate educational interest" for full disclosure to the school
official.190 Though little litigation exists on the definition of
"legitimate educational interest," the Kentucky Court of Appeals
has defined it.191 The plaintiff in Medley was a teacher who
requested tapes of her teaching that the school recorded.192 The
school denied the request pursuant to FERPA, characterizing her
request as one from a member of the public-thus, subjecting it to
the requirement that personally identifiable information be
redacted.193 In reversing the trial court and the school's
characterization of Medley as a member of the public, the Kentucky
Court of Appeals reasoned that "Medley's request should be judged
in light of her position as a teacher."'94 Medley placed the burden on
185. Steinbuch, Looking Through the Class, supra note 5, at 65. (citing 34 C.F.R. 99.3
(2009)) (emphasis added).
186. Id. (citing Letter from LeRoy S. Rooker, Director, FPCO, to Matthew J. Pepper,
Policy Analyst, Tenn. Dep't of Educ. (Nov. 18, 2004), http://1.usa.gov/1WFORSQ
[perma.cc/A5UV-AX2S]).
187. Peltz, supra note 171, at 189 (citing Open Government Guide: Access to Public
Records and Meetings in Arkansas (John J. Watkins & Richard J. Peltz eds., 5th ed. 2006))
(emphasis added).
188. See id.
189. Id.
190. Steinbuch, Looking Through the Class, supra note 5, at 66.
191. Id. at 66 (citing Medley v. Bd. of Educ., 168 S.W.3d 398, 401 (Ky. Ct. App. 2004)).
192. Id.
193. Id.
194. Id. (citing Medley, 168 S.W.3d at 404).206
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University of Texas at Austin. School of Law. Texas Review of Law & Politics, Volume 20, Number 2, Spring 2016, periodical, March 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth838701/m1/52/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.