FERPA and Class Recordings

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, making presentations or leading a class (other than TAs), and it is possible to identify the student, then the portions containing recordings of the student do constitute protected educational records. Educational records can only be used as permitted by FERPA or in a manner allowed by a written consent from the student.

Before you schedule your meetings:

• Log into your Zoom account.
• Click on My Account (upper right)
• In the left column, select Settings
• Select the Recording tab and choose the following settings:

• Disable Local Recording. For most instructors, recordings should be kept in the cloud and not downloaded to a local computer.
• If you wish to have a video of the speaker recorded during screensharing, enable Record active speaker with shared screen
• Disable Record gallery view with shared screen
• Disable Display participants’ names in the recording
• Enable Multiple audio notifications of recorded meeting, which plays an automated message whenever a recording is started, or a participant enters a session that is already being recorded.

When your meeting starts, keep your Zoom view set to Speaker View (as opposed to Gallery View). This ensures that only the person who is speaking appears on the screen, as opposed to recording a grid view of all attendees with webcams enabled.

No. This is problematic for several reasons. Students may not have a webcam or may not want to show where they are located. When you schedule your meeting, you are advised to set Participant Video to Off to allow students to opt into sharing their video.

Yes. You may post a class recording that includes student participation in your Canvas course as long as access is limited only to other students in the same class section.  FERPA does not limit or prevent the use of class recordings for use in the same class and does not require obtaining written consent in such use cases. Sharing videos in Canvas’ tools, within the term the students were enrolled in a class, protects student content behind the Okta authentication.

Under FERPA, this situation must be treated as if the recordings were being shown to a third-party audience which requires FERPA compliance through use of consents from identifiable students or by editing out those students from the video.

Students cannot be compelled or required to give consent, though the instructor may edit the student out of the recording or de-identify him or her even if the student refuses to consent.

Possibly. There are a couple of ways to use recordings that show students participating.

1. The instructor may obtain individualized written FERPA consents from the students shown in the recording. 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 remove portions of the video that show students who have not consented to the use of their voice and/or image (simply blurring a student’s image and removing their name is not sufficient, as the student may still be identified).

No. Instructors should tell students that they should not share the link to any class sessions, or take screen captures of Zoom sessions. Students that violate this request can be subject to the student code of conduct.

• Record only the parts of your session that show you. Plan to hold specific Q&A periods during the session and when you get to one, click Pause recording.
• When you are ready to present again, Resume recording.
• Don’t refer to students by name (de-identifying the students removes the need for a specific consent from each student depicted). If a student happens to appear on camera, their identity can be edited out or written consent can be obtained.
• Videos of students giving presentations and student-generated video projects are covered by FERPA and copyright (students own the copyright of their work, just as any other author/creator). Therefore, written permission to use these digital works must be obtained by the student.

Recording of your Zoom sessions may be made and shared with your students as long as you do not make the recordings public.   You can share recordings in that same class but not in different classes. If you want to record students for publication or to post in other classes, you need to have them all sign a consent form.

Without written permission,  you are required to only share the recordings with students in the same class/sectin, where the student has been authenticated (i.e. via Okta in Canvas).

If you wish to record a Zoom session, students must be provided the following information beforehand:

• That there is a risk that any participant, that is viewing a Zoom session, may use third-party software to record that session and post that recording in a public space (e.g. YouTube, Facebook, etc.) There is no way for an instructor to prevent that from happening or to know that it is happening.
• If they do not wish to be seen on the recording, they must not turn on the Start Video area while the Zoom session is being recorded.
• If they do not wish to have their image seen on the recording, they must not post an image of themselves in their Zoom account (if they have one) profile while the Zoom session is being recorded.
• If they do not wish to be heard on the recording, they must not UnMute themselves while the Zoom session is being recorded.
• If they do not wish to have any questions posted in the Chat area be seen on a recording, they must not participate in the Chat area while the Zoom session is being recorded.
• Since their real names must be used when signing into a Zoom session, their names may be revealed in the recording. The laws that protect student privacy, FERPA, do not require that a student name be hidden from other students.

If it is your intention to post this recording in a public space (e.g. YouTube, Facebook, etc)  you will need student permission in advance from every student that appears or is heard in the recording, just as you would if you were recording a face-to-face class.

Under no circumstances may you prevent a student from being in your Zoom session because they refuse to sign such a permission form (or Consent in a dialog box.)

• Instructors also need to review and follow process related to the points raised on Zoom for K-12 Schools & Districts Privacy Policy, particularly since you may have students under 18 years of age in your classes.
• FAQs on Photos and Videos under FERPA
• View Zoom’s FERPA Compliance overview.