Is a recorded class (audio or video) a protected student record?
If a recording includes only the instructor, it is not a student record and FERPA does not limit its use. If the recording includes students asking questions or making presentations, and it is possible to identify the student, then the portions containing recordings of the student do constitute protected educational records and are not permitted to be shared without verifiable parental consent.

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Can a recording that includes student participation be posted for other class members to view or listen to?
Yes. If access is limited to other students in the class, FERPA does not limit or prevent its use and does not require verifiable parental consent. This allows instructors to create access for students in the class to watch or re-watch past class sessions.

 

Can a teacher allow individuals outside of a class to access a video of that class that includes student participation?
Maybe. There are several ways to use recordings that include student participation.

1. The teacher may obtain parental consent for the students in the recording which allows the use of that portion of the video. This type of consent can be obtained on a case-by-case basis or from all the students at the outset of a class.

2. Recordings can be edited to either omit any student who has not consented to the use of their voice or image, or be edited to de-identify the student in the recording (which can include avoiding or removing any mention of the student’s name, blurring the student’s image, altering voice recordings, etc.).

3. Recordings can also be planned so that students (such as those asking questions during a class) are not shown in the video or referred to by name (another way to de-identify the student).
    

What is the easiest way to comply with FERPA if I am video recording my class sessions and students will be asking questions, doing presentations, or appearing on camera?
If access is limited to other students in the class, FERPA does not limit or prevent its use and does not require you to obtain parental consent. This allows teachers to share videos with students in the class to watch or re-watch past class sessions.
 

If access will not be limited to students in the class, students should not be included in the video. If a student happens to appear in the video, their identity will need to be edited out or verifiable parental consent will need to be obtained.
 

Because student presentations, video projects, and student-made films make it more difficult to de-identify the student, the teacher should obtain verifiable parental consent.

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Can the teacher show recordings from last year’s class to the current class?

Under FERPA, this situation must be treated as if the recordings were being shown to a third-party audience which requires FERPA compliance through the use of consents or de-identification of any students depicted.

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Can the teacher show recordings of a class (section) to another class (section)?
Under FERPA, this situation must be treated as if the recordings were being shown to a third-party audience which requires FERPA compliance through the use of consents or de-identification of any students depicted.

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Where can I store my recordings?

Storing student information in an unapproved manner is prohibited. Never save recordings to your personal device. Recordings should only be stored in your district-issued OneDrive, Google Drive or on your district-issued computer.

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Can I post my recordings on YouTube?

Maybe. If the recording only contains the teacher it is not an educational record and therefore can be posted on YourTube. If the recording includes student(s) it is considered an educational record and can not be posted on YouTube or any other video hosting platform that would allow the recording to be viewed by individuals not actively enrolled in the class.