Sole possession records are records kept in the sole possession of the maker (usually an educator or school official), used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker. These records are private notes created for personal use only and are not shared, so they are excluded from protections under FERPA (Family Educational Rights and Privacy Act). Once these records are shared, they lose their sole possession status and become official educational records subject to FERPA protections. Examples include personal notes about a student’s class participation or observations made by a teacher strictly for their own use.

Key Characteristics of Sole Possession Records

• Created and maintained by an individual for personal reference.
• Used only as memory aids, not for official decision-making about a student.
• Not accessible to others, except a temporary substitute.
• Not considered part of the student's official educational record and not protected under FERPA.
• Sharing the notes causes them to become educational records covered by FERPA.

Difference from Educational Records

Educational records contain information directly related to a student and are maintained by the institution for official use, such as transcripts, grades, enrollment history, and disciplinary actions. These are protected under FERPA and accessible to students. Sole possession records are informal and kept private by individuals. This distinction allows educators to keep personal notes without those notes being subject to privacy requests or legal disclosures under FERPA, provided they remain private.