Coronavirus and Schools: Synchronous/Asynchronous Virtual Instruction - FERPA/Copyright Implications
CORONAVIRUS UPDATE
As part of their “continuity of education” plans, many LEAs have implemented or are planning to implement both synchronous (real time) and asynchronous (recorded) virtual instruction on platforms such as Zoom.
Doing so offers an accessibility solution for families with multiple children or with on-line work commitments that preclude real-time participation in live instruction.
Some of you have questioned whether the recording of live Zoom instruction for later access by students assigned to that virtual classroom, but who could not participate in real time, either (a) renders the recording a FERPA-protected record; or (b) infringes the copyright on published materials that the teacher uses during the instruction. The answer is “no” on both counts, as long as the recorded Zoom lesson is available only to those students for whom the live instruction was intended. Thus, recorded lessons should not be posted online in a manner that allows general access to any interested student or parent. The recorded lesson should be accessible only to other students who were rostered to the class but could not “attend” that class in real time.