In what condition might case notes become educational records under FERPA?

Case notes may become educational records under FERPA (Family Educational Rights and Privacy Act) when they are accessible to non-educational personnel. Under FERPA, educational records are defined as records that are directly related to a student and maintained by an educational agency or institution. If case notes are accessible to individuals who are not part of the educational setting, this can meet the criteria for educational records because the confidentiality inherent in those notes is compromised. Such access could imply that the notes are no longer strictly for internal use and may contain information that can affect the student's educational experience.

In contrast, sharing notes with other counselors, transferring them to a new location, or providing them upon parental request does not automatically change their status to educational records. These actions occur within the bounds of professional practice or regulatory compliance but do not inherently lead to case notes being classified as educational records unless they are made available to those outside the educational institution. Understanding this nuance is crucial for counselors to ensure they maintain confidentiality and comply with FERPA regulations appropriately.