Use of Audio/Visual Recording Devices for Educational Purposes

I. Purpose

The purpose of this administrative procedure is to provide guidance around the use of audio/visual recording devices at Maryland School for the Deaf (MSD).

II. Definitions

1. Family Educational Rights and Privacy Act (FERPA) — a federal law that protects the privacy of student education records.
2. Educational Record — all records that MSD maintains about students.
  - Note: If a student is "featured" in a video, that video may be considered a part of the student's "education record" if it is maintained by MSD. The term "featured" means that the information and image are directly related to or focused on a student or students.
3. Maryland's Wiretap Act — a state law indicates that it is unlawful to record any private in-person conversation or any telephone or electronic communication unless you are a party to the conversation and have the permission of all the other parties.
  - Note: ALL parties must consent prior to the use of audio/visual recording devices in meetings and adhere to the requirements based on the State of Maryland 20-11 Communication Recordings.

III. Appropriate Uses of Recording Devices

Generally, staff should refrain from videotaping or recording students. Under limited circumstances, recordings of students/staff are acceptable if:

1. Recordings for educational purposes (i.e. helping a specific student, assessment, etc.). The recording should be for a short and defined time. MSD staff must obtain permission of the school Chief Educational Programs Officer and/or designee before recording students for educational purposes.
2. Recordings for professional development purposes. While these videos are focused on the staff member, they may also include limited student footage (such as a student writing on the whiteboard or asking a question). This is acceptable and does not require written parental consent, but the videotaping should be for a defined period and the Chief Educational Programs Officer and/or designee should give consent.
3. Recording students for safety purposes (i.e. video devices placed in certain locations, such as entrances, hallways, computer labs, and school buses to ensure general student and school safety.
4. Recordings of IEP Meetings for the purpose of ensuring that parents/guardians can understand the IEP process and/or his/her child's IEP.
  - Note: Individuals with Disabilities Education Act (IDEA) does not specifically address recording in Individualized Educational Program (IEP) meetings. The U.S. Department of Education, Office of Special Education Programs (OSEP) has consistently held that each state has the option to require, prohibit, limit, or otherwise regulate the use of recording devices at IEP team meetings. (See Letter to Savit, 67 IDELR 216 (Jan. 19, 2016); 64 Fed. Reg. 12406, 12477 (Mar. 12, 1999). Based on that Federal Guidance, the Maryland State Department of Education has opted not to directly regulate this area, instead each LSS/PA may develop its own recording policy adhering to the state conditions. For more information, please refer to MSD's Policy of Recording IEP Meetings.

IN ALL OTHER INSTANCES, THE USE OF RECORDING DEVICES ARE PROHIBITED UNLESS CONSENT IS OBTAINED BY ALL PARTIES.

IV. Legal Reference

ADMINISTRATIVE PROCEDURE HISTORY

Reviewed: July 2022
Adopted: September 2022
Revised: N/A