Policies

Recordings are sometimes used to allow students to watch a missed class session, to review an earlier session or to share with next year’s class. Depending on how the recordings are created or edited, they may constitute educational records that are protected under FERPA. This guidance explains acceptable practices for utilizing video and audio recordings in the classroom setting.

The FAQS below are not exhaustive but are designed to eliminate some of the guesswork associated with recording class meetings. We also encourage you to review the University’s general FERPA training. Additional information about photos, video and audio recording under FERPA can be found on the US Department of Education FAQs on Photos and Videos under FERPA.

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 and it is possible to identify the student, then the portions containing recordings of the student do constitute protected educational records.

Graduate Student Teaching Assistants are also students, so any recordings of them teaching are their student records and are therefore protected under FERPA. Educational records can only be used as permitted by FERPA or in a manner allowed by a written consent from the student.

Faculty/instructors should keep these records; both electronic (i.e., on their work device) and paper versions of written consent are acceptable (i.e., in a secure place in the faculty member’s office).

Recent Department of Education guidance indicates that, yes, you can record, as long as the recording is only shared within the Learning Management System for that specific course in that specific term, and only if the recording does not contain personally identifiable information from student education records. This, then, constitutes a FERPA-permitted use of educational records, if that recording falls within the category of educational records.

Student names (on screen or in the chat) are typically considered directory information, as opposed to personally identifiable information from student education records, which means that the recordings can include student names as long as the recording is not shared outside that particular course.

• Disable Local Recording. For most instructors, recordings should be kept in the cloud and not downloaded to a local computer.
• If video is desired, enable Record active speaker with shared screen.
• Disable Display participants’ names in the recording.
• Enable Require password to access shared cloud recordings.
• 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.

No, unless FERPA compliance through use of consents has been given. Screenshots should not be shown on Facebook, Twitter or any other public platform.

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. In order to make this clear to students, the following statement should be included in the syllabus as a Course Policy on Recording:

It is vitally important that our classroom environment promote the respectful exchange of ideas. This entails being sensitive to the views and beliefs expressed during discussions whether in class or online. Please speak with me before recording any class activity. It is a violation of University of Missouri policy to distribute such recordings without my authorization and the permission of others who are recorded.

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.

Possibly. There are several ways to use recordings that include student participation. Instructors may obtain individualized FERPA consents from the students in the recording, which allows use of this 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.

• 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).

Plan the recordings so that they do not show students who are asking questions, don’t refer to the students by name and avoid repeating the student’s question 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.

As we move to telehealth and remote instruction via Zoom, we need to be ever-mindful of the security of our electronic patient health information in our clinical, educational and administrative work. The University of Missouri System has a specific Zoom instance with a Business Associates Agreement (BAA) in place that allows us to do telehealth work “face to face.” If you do not have an account in this BAA Protected Zoom instance but need one, please log in at: https://umsystemprotected.zoom.us/

As you work in this BAA Protected Zoom instance, be aware that it is NOT permissible to record these sessions using personal computers if the sessions contain actual patient data. Having ePHI on personal devices is never permissible or compliant with University policies on ePHI and HIPAA. This includes the recording of clinical sessions by faculty, staff and students. You can use Zoom for clinical sessions on personal devices. Just do not record the session.

Some clinicians do have specific University provided devices that are designed to hold ePHI; Zoom recording on these devices is permitted. It is also permissible to record “fake” sessions for clinical training and class instruction videos on any device as there is no real ePHI involved.

You should consult with your University’s Office of the Registrar. Find contact information for MU, UMKC, Missouri S&T or UMSL or reach out to teachingonline@umsystem.edu.