Background
Shana and Jared Kummer sought a copy of video showing events in their daughter’s middle-school physical-education class. The Sevier County School District let them watch the video but refused to give them a copy. The State Records Committee and district court ordered production after redaction of other students’ faces at the parents’ expense.
The district appealed under Utah’s Government Records Access and Management Act, commonly called GRAMA. It argued first that a Family Educational Rights and Privacy Act education record falls outside GRAMA altogether and second that, even if GRAMA applies, federal law controls the required form of access.
The Court’s Holding
The court rejected the categorical argument. Utah’s 2016 GRAMA amendment did not remove FERPA education records from the state records statute. Instead, GRAMA recognizes the records while yielding to federal law on disclosure. Earlier Utah precedent likewise treated FERPA as controlling how access must occur rather than eliminating GRAMA coverage.
The district prevailed on the narrower point. FERPA required an opportunity to inspect and review the record, and the school satisfied that duty by allowing the parents to watch the video. Although it could voluntarily provide a redacted copy without violating FERPA, federal law did not compel a copy after adequate on-site review. The appellate court therefore reversed the production order.
Key Takeaways
- FERPA education records remain within GRAMA’s framework, but federal law controls their disclosure requirements.
- A school ordinarily satisfies FERPA by providing a meaningful opportunity to inspect and review a video.
- Permission to disclose a redacted copy is different from a legal obligation to furnish one.
Why It Matters
The decision clarifies the intersection of Utah public-records practice and federal student privacy. School districts should document that inspection was meaningful and accessible, while requesters seeking copies should identify any circumstance making on-site review inadequate. Agencies and counsel should avoid treating FERPA as a blanket exemption from GRAMA; it is a disclosure rule that may limit the remedy.