Hello FERPA Professor,

I received an inquiry regarding a professor who would like to videotape his lecture during a face-to-face classroom setting.  With regard to FERPA, does the professor need to obtain written/verbal consent from all of the students in the class?  Or will, as the professor puts it, “providing verbal notification to the students” be enough?  It is likely that students will be seen and heard during the video assuming they ask any questions.

Thank you, in advance, for any information you provide.

Holly Wood

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Dear Holly,

The answer to this inquiry would be affected by the planned use of the video.  Videoing of students in the classroom by the instructor is generally not a problem if the video is only used within that class.  Because the video would be an education record on the students who are the subject of the video, use of it outside the classroom would generally require signed consents or that the specific conditions for one of the exceptions to signed consent found in §99.31 of the FERPA regulations be met.

I hope this is helpful in answering your question.

The FERPA Professor

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