William J. Zee of Barley Snyder writes, in part:
…. Prior to the recent issuance of the “FAQs on Photos and Videos under FERPA,” the issue of surveillance video as an education record was addressed in the December 7 “Letter to Wachter.” The new guidance does not deviate substantially from the information provided in the letter, but it does offer a more detailed and comprehensive analysis applicable to determining when a photo or video of a student is deemed an education record under FERPA. It also address what steps schools need to take in handling requests for such information.
Determining when a visual representation of a student is directly, rather than incidentally, related to a particular student is a very context-specific analysis.
Read more on Barley Snyder.