Posted September 23, 2020
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”)?
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.
34 CFR § 99.31
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