Walter | Haverfield attorney James McWeeney says that post-Parkland school protests present complicated legal questions that districts must be prepared to handle. McWeeney’s article appeared in the Ohio School Boards Association Journal.
Tag: Articles
Post-Parkland protests pose array of legal questions
James M. McWeeney II
July 12, 2018
Congress Delivers a Gift for Charitable Business Owners
Walter Haverfield
July 9, 2018
Walter | Haverfield’s Alexis Kim explained the Bipartisan Budget Act of 2018 in the Cleveland Metropolitan Bar Journal. The act provides an exception to the excess business holding rules for certain philanthropic businesses.
TCJA May Spur Liquidations Of Family Limited Partnerships
Walter Haverfield
July 2, 2018
Walter | Haverfield partner Gary Zwick was quoted extensively in an article in Tax Notes, which is a premier national publication in tax law. Gary discussed the benefits of family limited partnerships and the tax ramifications when those partnerships are liquidated.
What the Courts Say About Recording in the Classroom
Peter T. Zawadski
June 21, 2018
Walter | Haverfield’s Christina Peer and Peter Zawadski are advising school districts to review their policies following a recent federal court decision on the use of recording devices in classrooms. Read more here on the Best Lawyers website.
Evolving Environmental Risks and Tools
David Ricco
June 18, 2018
Walter | Haverfield partner David Ricco advised commercial property owners to be proactive in managing potential environmental liability risks, in an article published in Properties magazine.
Northeast Ohio potrepreneurs are facing many obstacles
Walter Haverfield
June 11, 2018
Walter | Haverfield partner Kevin Patrick Murphy explained in Crain’s Cleveland Business one key reason why the medical marijuana industry has been slow to metamorphize in Ohio.
Cities, carriers strike compromise over 5G technology
Walter Haverfield
May 24, 2018
Walter | Haverfield partner Bill Hanna applauded the recent passage of legislation in Ohio, which permits some municipal authority over small-cell telecommunications equipment installations along main streets and in residential neighborhoods, in an article in Crain’s Cleveland Business.
Adviser: Tax reform offers a mixed bag regarding like-kind exchanges
John W. Waldeck Jr.
May 7, 2018
Walter | Haverfield partner Jack Waldeck addressed the recent tax reform law and its impact on “like-kind exchanges” of property in Crain’s Cleveland Business.
Design Guidelines: An Essential Tool to Address the Impact of Small Cells in the Right-of-Way
William R. Hanna
April 25, 2018
Walter | Haverfield attorney Bill Hanna and former Walter | Haverfield attorney Jessica Trivisonno address how Ohio’s municipalities can regulate the impact of small cell wireless facilities in an article which appears in Cities and Villages magazine (pg. 18).
Armed with legal advice, woman wins claim against slipshod mechanic
Walter Haverfield
April 23, 2018
A dishonest auto repair shop and its shoddy work prompted a local woman to attend a Legal Aid clinic. She needed advice on how to get her money back. That’s where she met Legal Aid volunteer and Walter | Haverfield attorney, Leslie Wolfe. Their story appeared in Poetic Justice.
Manufacturers Thrive by Leveraging Intellectual Property
D. Peter Hochberg
March 14, 2018
“Not only do patents provide legal protection against competitive activity, but they also can help generate interest and investment in a company and serve to recognize inventors for their creativity,” writes Walter | Haverfield partner Peter Hochberg in an article for Advanced Manufacturing. Hochberg explains how patents pay off over the long-term and boost a company’s reputation.
Responding to parent requests for video footage in light of federal student privacy laws
Miriam Fair
March 13, 2018
The Family Policy Compliance Office (“FPCO”) now offers school districts a tentative framework for responding to parents’ requests for videos. Often such footage – a security video of a cafeteria fight, for example – includes images of multiple students, which may all be individually protected by FERPA, the Family Educational Rights and Privacy Act. For years, school districts struggled with how to handle such requests, what to release, to whom, and what to redact, if anything.The FPCO’s long-awaited guidance document (Letter to Wachter) describes a school district that received a records request for video footage of a hazing incident. The incident involved six perpetrators and two victims. The request came from a parent of a perpetrator, but the district noted that it did not have the resources to redact other students’ images. The FPCO explained that the video footage was an educational record for both the victims and the perpetrators, but would not be considered a record for bystanders who were not involved in the incident. Further, the FPCO explained that if redaction was impossible or would destroy the record’s meaning, the district may allow the parent to inspect and review the video, even if other students are pictured. Notably, FERPA requires districts to allow parents (or eligible students) the opportunity to inspect and review the record, but does not require – in most circumstances – districts to provide parents with a copy.
In determining whether to release video footage depicting multiple students, districts can begin by considering the following questions:
- Is the video footage an educational record for any student? If not, FERPA does not apply.
- If the video is an educational record of multiple students, will parents of the other students featured in the footage consent in writing to the release of the unredacted educational record? If they would, this may be the simplest way to comply with FERPA requirements.
- Is it possible to redact the video footage so as to conceal the other students’ identity but also maintain the record’s meaning? If not, the district may allow parents to view the unredacted record even if other students are pictured.
- Must the district provide a copy of the video to the requesting parent? Districts are not obligated to provide copies unless requiring parents to come in and review the video effectively prevents them from accessing the record. This might occur if a parent lives far away or is disabled.
Although the FPCO guidance is informative, it remains unclear how these directives will interact with other statutes affecting student records, including Ohio’s Sunshine Laws. Issues related to the release of video footage that contains student images are extremely fact specific, and the information in this alert is intended to provide general guidance. School districts should work directly with legal counsel regarding specific situations.
Miriam Pearlmutter is an attorney at Walter | Haverfield who focuses her practice on education law. She can be reached at mpearlmutter@walterhav.com or at 216-619-7861.