One at One: Schools Recording Virtual Class

Today’s Issue: 

Can school districts record virtual instruction/classrooms for accountability purposes without written consent of parents/guardians or eligible students under the Family Education Rights and Privacy Act (“FERPA”) and/or the New Jersey Pupil Records Act (“NJPRA”)?

Answer:

Yes. School districts may record virtual instruction/classrooms without written consent so long as the recordings are for internal – school district – review/use only. Such recordings are likely to be deemed “educational records” or “pupil records;” therefore, maintenance of, and access to the recordings are governed by FERPA and NJPRA. School districts should also review the collective bargaining agreements and board policies prior to mandating or authorizing recording of virtual instruction/classrooms.

Resources:

34 CFR § 99.31

https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20and%20Coronavirus%20Frequently%20Asked%20Questions.pdf

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Partner

This post is for informational purposes only and should not be construed as legal advice.