Diffrent teaching styles

[IDoDis]

I'm interested in the responses here; I have 3 kids who are in DC (well, two in after-school now, but they did full-time daycare before) and we've always had to sign a videotape waiver every year. It's very common for kids with behavior problems to be videotaped at our school; sometimes tapes are shown to parents but other times they use them to evaluate for behavioral disorders. I know probably 4 or 5 kids who have been videotaped. I thought it was common!

Only with signed parental consent. I found this on a FERPA Q&A page. It's not exactly the same situation, but close:

"Q. An on-campus speaker was videotaped, and the sponsoring department wants to put the video up on its website (i.e., non-commercial use). The videographer was in plain sight. The speaker's consent was obtained, but not those of students who asked questions (mostly off-camera). Anyone have a problem with posting the video?

A. If any of the students are "personally identifiable" (under FERPA's broad definition), I think you'd need FERPA consent. In a similar context, FPCO has stated that the transcript of a hearing that was held open at the student's request is still an "education record" and therefore can't be released without the student's consent. You can include photographs in your list of directory information, but I doubt FPCO would agree to audio, at least generically."

 

[Schmeck]

"Howled it"? I'd be pretty upset if you "howled" at my kids.

Also used the wrong form of 'there' - it should be their. Autocorrect can be so funny!

 

[Schmeck]

Only with signed parental consent. I found this on a FERPA Q&A page. It's not exactly the same situation, but close:

"Q. An on-campus speaker was videotaped, and the sponsoring department wants to put the video up on its website (i.e., non-commercial use). The videographer was in plain sight. The speaker's consent was obtained, but not those of students who asked questions (mostly off-camera). Anyone have a problem with posting the video?

A. If any of the students are "personally identifiable" (under FERPA's broad definition), I think you'd need FERPA consent. In a similar context, FPCO has stated that the transcript of a hearing that was held open at the student's request is still an "education record" and therefore can't be released without the student's consent. You can include photographs in your list of directory information, but I doubt FPCO would agree to audio, at least generically."

This is from FERPA's own website? Who did the answer? Just not impressed with the "I think you'd need". He/she thinks? Why doesn't the person from FERPA know?

 

[IDoDis]

This is from FERPA's own website? Who did the answer? Just not impressed with the "I think you'd need". He/she thinks? Why doesn't the person from FERPA know?

It's from a legal counsel page from a private university.

"Some of these questions were posted and answered on the National Association of College and University Attorneys (NACUA) listserv. All identifiers were removed, and permission sought (collectively) for use of same. Special thanks to Steve McDonald, General Counsel, Rhode Island School of Design, for his FERPA expertise. Steve is the editor of the 2nd edition of the Family Educational Rights and Privacy Act: A Legal Compendium, available from NACUA. For anyone who wants to know all of the ins and outs of FERPA, this guide is indispensable.

Some of these question were posted on a post webinar page after the January 2009 NACUA web seminar on the new FERPA regulations. Answers to these questions were posted by Steve McDonald and Peg O'Donnell (CUA). Institutions are free to use and adapt this material for educational purposes."


http://counsel.cua.edu/ferpa/questions/

 

[IDoDis]

Also used the wrong form of 'there' - it should be their. Autocorrect can be so funny!

The OP has a disability which she has disclosed on Disboards. She is learning a lot and doing a great job!!!

 

[tinkerbellandeeyor]

The OP has a disability which she has disclosed on Disboards. She is learning a lot and doing a great job!!!

Thank you

 

[Lorelei Lee]

The teacher would be violating the other students' privacy who are in the background as per the FERPA guidelines (Federal Education Rights and Privacy Act). Both of you could be fired for doing this. It's good that you are asking questions so that you yourself don't get into trouble. You might want to consider switching classrooms if the opportunity arises so that you aren't put in a situation of doing something wrong unknowingly on what this teacher may ask you to do.

Actually I just read the US Dept of Education's website and FERPA addresses a student's privacy rights only with respect to the release of school records. I didn't see anything in the statute addressing whether a teacher could video tape students with or without parental consent. Can you point me in the direction of where the statute addresses that issue?



Though I agree with you, it's probably not a good idea. It does raise privacy issues. Issues which are usually addressed by state law.

 

[tinkerbellandeeyor]

It was stated we were not to do it but I found there behavior Improved when they learned they were being held accountable

 

[Schmeck]

The OP has a disability which she has disclosed on Disboards. She is learning a lot and doing a great job!!!

I just assumed it was auto-correct, not trying to be judgmental. My apologies if it came off as such. I see my mistake - when I stated also used, I meant the auto-correct used, not the OP.

 

[IDoDis]

Actually I just read the US Dept of Education's website and FERPA addresses a student's privacy rights only with respect to the release of school records. I didn't see anything in the statute addressing whether a teacher could video tape students with or without parental consent. Can you point me in the direction of where the statute addresses that issue?

Though I agree with you, it's probably not a good idea. It does raise privacy issues. Issues which are usually addressed by state law.

"FERPA Defines an Education Record

Education records include a range of information about a student that is maintained in schools in any recorded way, such as handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche."

"Parents also have the right to consent to disclosures of personally identifiable information in the record, except under authorized circumstances."

http://nces.ed.gov/pubs97/web/97859.asp

 

[Schmeck]

If you don't have signed permission, then you are in violation of FERPA. We have parents sign a permission form for rights to video for educational purposes only. Believe it or not, there are parents at times who refuse to sign. Teachers unknowingly violate FERPA all the time. Most parents don't know either, so 99% of the time, nothing happens. But all it takes is one parent who knows their rights to make a stink and cause all kinds of problems for the teacher.

Teachers in Special Ed have to be especially careful of this, including at the beginning of the year when class lists get posted for all to see. Some parents may file a complaint that their child was identified as being in a Special Ed class where all parents in the school could see this info posted on meet the teacher day. Teachers have also gotten into trouble posting their students pictures on their Facebook wall. Make sure you have a signed release form for ANY student who is in a video, even if they are just in the background, and definitely don't post pictures of your students on your Facebook page, no matter how cute they are!

Remember that FERPA only covers certain written media (AKA educational records). Class lists are not protected by FERPA because they are general knowledge, aren't they? Other students are in those classes, and they are accessed through common hallways. Schools have to give the US military the lists of graduating students as well, so they can tele-market/spam/junkmail them. One can opt out, but you have to fill out a form to opt out.

Here's the link:

http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

If anyone has the time to find out if there is any info about videotaping/etc, please feel free to link it here. I skimmed a few links, and found nothing.

 

[IDoDis]

Remember that FERPA only covers certain written media (AKA educational records). Class lists are not protected by FERPA because they are general knowledge, aren't they? Other students are in those classes, and they are accessed through common hallways. Schools have to give the US military the lists of graduating students as well, so they can tele-market/spam/junkmail them. One can opt out, but you have to fill out a form to opt out.

Here's the link:

http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

If anyone has the time to find out if there is any info about videotaping/etc, please feel free to link it here. I skimmed a few links, and found nothing.

For special ed there are other laws that come into play in addition to FERPA, namely IDEA (Individuals with Disabilities Education Act). Knowing that a child has an emotional disturbance, or receives OT or Speech services is not common knowledge to other parents, but is okay to disclose within the school on a "need to know" basis.

 

[Schmeck]

For special ed there are other laws that come into play in addition to FERPA, namely IDEA (Individuals with Disabilities Education Act). Knowing that a child has an emotional disturbance, or receives OT or Speech services is not common knowledge to other parents, but is okay to disclose within the school on a "need to know" basis.

Yes, but people were quoting FERPA, not IDEA. IDEA also does not cover situations that occur in public. For instance, if a student punched me in full view of an entire cafeteria full of people, it becomes common knowledge and is not protected. Even if that child is on an IEP, actions that occur in public are not confidential. Now, I would not go around talking about the student, unless it became an issue of safety.

IDEA covers the educational record as well, namely the 504 or IEP, right?

 

[IDoDis]

Yes, but people were quoting FERPA, not IDEA. IDEA also does not cover situations that occur in public. For instance, if a student punched me in full view of an entire cafeteria full of people, it becomes common knowledge and is not protected. Even if that child is on an IEP, actions that occur in public are not confidential. Now, I would not go around talking about the student, unless it became an issue of safety.

IDEA covers the educational record as well, namely the 504 or IEP, right?

That is not true about things that occur in public are not confidential.

Names of students would be kept confidential in an instance like you mentioned. If you got punched by a student in the cafeteria and named the student online or to the media, or discussed the incident with other non-involved co-workers, then you are setting yourself up for a lawsuit, especially if the student's behavior is a manifestation of his/her disability. Even though other students in the school witnessed the event, you as an adult employee at the school have to follow the established guidelines.

My final say on the matter is to always err on the side of caution and CYA.