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Education

Oct. 31, 2009

Debate Over E-mails as Education Records

Peter Fagen and Lyndsy Rutherford of Fagen Friedman & Fulfrost say e-mails not maintained by the educational agency are not an education record.

EDUCATION

By Peter Fagen and Lyndsy Rutherford

Answering a question that has been much-debated in recent years, the U.S. District Court for the Eastern District of California recently held that an e-mail is not an education record subject to the relevant provisions of the Education Code or the Family Education Right to Privacy Act (FERPA), unless it contains information related to the student and is "maintained" by the agency. (S.A. v. Tulare...

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