Depending on how the recordings are created or edited, they may constitute educational records that are protected under the Family Educational Rights and Privacy Act (FERPA) -- the federal student privacy law. This page explains acceptable practices for utilizing video and audio recordings in the classroom setting.

Note: Content on this page was adapted and reused with kind permission from our colleagues at Rice University.

Is a recorded lecture (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, 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.

May 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 obtaining a written consent. This allows instructors to create access for students in the class to watch or re-watch past class sessions. 

Can an instructor allow individuals outside of a class to access a video of that class that includes student participation?

• The instructor may obtain individualized FERPA consents from the students in the recording which allow use of that portion of the recordings. This type of consent can be obtained on a case-by-case basis or from all the students at the outset of a class. A form template is available to download at: FERPA - Consent to Release Student Information.pdf
• 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.).
• 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 obtaining a written consent. This allows instructors to create access for students in the class to watch or re-watch past class sessions.

If access will not be limited to students in the class, plan the recordings accordingly.

• Make sure not to show students who are asking questions and don’t refer to the students by name.
• Avoid repeating the student’s name in the recording (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 a written consent can be obtained.

Because student presentations make it more difficult to de-identify the student, the instructor should obtain a FERPA consent from the student making a presentation. For any video projects, such as student-made films, you should obtain a written consent. A form template is available to download at FERPA - Consent to Release Student Information.pdf

Can the instructor show recordings from a past 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 use of consents or de-identification of any students depicted.