Are school surveillance videos protected education records under FERPA? Bryner v. Canyons School District Explained

In Bryner v. Canyons School District, the Utah Court of Appeals addressed whether surveillance video recordings from school security cameras constitute education records protected under the Family Educational Rights and Privacy Act (FERPA).

Background and Facts

Roger Bryner requested a surveillance video from Canyons School District under the Government Records Access and Management Act (GRAMA). The video showed an altercation involving his child and other students at Butler Middle School. The District denied the request, determining the video was an education record under FERPA that contained personally identifiable information of other students. The District offered to provide the video only if Bryner obtained written consent from all other parents or paid approximately $120 for redaction of other students’ identifiable features.

Key Legal Issues

The court addressed two primary issues: (1) whether the surveillance video qualified as an education record under FERPA’s definition, and (2) whether Bryner could be required to pay redaction costs to obtain a copy of the video with other students’ identifying information removed.

Court’s Analysis and Holding

The Court of Appeals affirmed the trial court’s ruling that the video constituted an education record under FERPA. Applying FERPA’s statutory definition, the court found the video satisfied both required elements: it contained information “directly related to” students involved in the altercation, and it was “maintained by” the educational institution. The court rejected arguments that FERPA protects only academic records, noting Congress made “no content-based judgments” in defining education records. The court also upheld the requirement that Bryner pay redaction costs under GRAMA, as the statute allows governmental entities to charge reasonable fees for tailoring records to meet specific requests.

Practice Implications

This decision establishes that school surveillance videos documenting student incidents will likely qualify as education records under FERPA when multiple students are identifiable. Practitioners should advise clients that obtaining such videos requires either consent from all affected parents or payment for redaction services. The ruling demonstrates Utah courts’ willingness to apply FERPA broadly beyond traditional academic records to any school-maintained materials containing student information.