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Illustrative Cases

Substantial evidence did not support a Circuit Court’s finding that, under the Family Educational Rights and Privacy Act (FERPA), 20 USCS § 1232g, and the Kentucky Family Educational Rights and Privacy Act (FERPA), KRS 160.700 et seq., a teacher had no legitimate educational interest in viewing videotape recordings of her own classroom. The case was remanded for a hearing to determine whether her request under the Kentucky Open Records Act, KRS 61.870 et seq., was made pursuant to a legitimate educational interest as defined by FERPA and KFERPA. Medley v. Bd. of Educ., 168 S.W.3d 398, 2004 Ky. App. LEXIS 305 (Ky. Ct. App. 2004). Full Details

In Camera Inspection

Where a teacher’s open records request to view videotape recordings of her own classroom was denied on grounds this would violate the Family Educational Rights and Privacy Act (FERPA), 20 USCS § 1232g, and the Kentucky Family Educational Rights and Privacy Act (KFERPA), KRS 160.700 et seq., the Circuit Court properly denied her request to view the tapes in camera since this would have rendered the entire controversy void. Medley v. Bd. of Educ., 168 S.W.3d 398, 2004 Ky. App. LEXIS 305 (Ky. Ct. App. 2004). Full Details