I am writing in response to your request for clarification of the terms "education records" and "sole possession records." FERPA broadly defines education records to mean those records, with certain exemptions, that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. One of the FERPA exemptions from the definition of education records is those records which are kept in the sole possession of the maker of the records and are not accessible or revealed to any other person except a temporary substitute for the maker of the records (i.e., sole possession records). It is important to note that once the contents or information recorded in sole possession records are disclosed to any party other than a temporary substitute for the maker of the records, the records become education records subject to FERPA.
For example, a counselor who observes a student and takes notes to remind them of the student's behavior has created a sole possession record. However, if the counselor shares the notes with another party other than a temporary substitute, the record is no longer a sole possession record and is an education record subject to FERPA.
I hope this is helpful in clarifying these terms. You can also find information regarding sole possession records on pages 9, 12, 43, 63, and 154 of the 2012 AACRAO FERPA Guide.