Frequently Asked Questions: Recording Classes Under FERPA and PA Law

Any record that directly relates to a Drexel student and is maintained by Drexel or a party acting on its behalf is a student education record that is protected under FERPA. Student records include but are not limited to information such as grades, transcripts, class lists, course schedules, financial aid information, student coursework, or images/audio/or video recordings of identifiable students.

Student education records can only be used as permitted by FERPA’s nondisclosure provisions or in a manner allowed by a student’s written consent.

Any record that is personally identifiable to a student is considered to directly relate to the student.

Personally Identifiable Information (“PII”) includes information that alone or in combination is linked or linkable to a specific student. PII includes, but is not limited to, information such as a student’s name, their Drexel student ID number, social security number, email address, telephone number, information that would allow a reasonable person in the community to identify the student with reasonable certainty, and information that when combined could be linked to a specific individual such as place of birth, date of birth, or mother’s maiden name.

Yes, in-person class sessions may be recorded. If possible, avoid recording students and keep the focus on the instructor. Recordings that only contain the instructor are not a student education record under FERPA.

The portions of a class recordings that include student participation, such as students asking questions, making presentations, or leading the class where it is possible to identify the students (e.g., through their voice, name, or image), constitute student education records under FERPA and should only be shared with other students who are enrolled in the same class. (Please see the FAQ "What does 'the same class' mean?" for more information on what constitutes enrollment in the same class).

Yes. Per previous communications, virtual class sessions may be recorded. Please follow instructions provided in the following resources:

• DUIT Zoom Best Practices
• Frequently Asked Questions for Drexel Zoom Users
• Expectations and Accommodations for the Return to Campus
• Drexel ITG Blog Post on Zoom

In all class settings, you may record the instructor and the information presented by the instructor during the class session. Prior to recording, the instructor should ensure that the recording device (i.e., video camera) is positioned directly on the instructor and any screens, boards or other media the instructor will use for providing instruction and information to students during the class session. The instructor should not set the recording device to capture images of students attending the in-person class session.

The same class means that students are enrolled in the same course, during the same term. This definition specifically includes remote, asynchronous, companion sections of in-person courses that are cross-listed by the Office of the University Registrar and share a Blackboard Learn Course Shell.

If the class is cross-listed under the University Registrar’s course scheduling policies, a recording of the class that includes student education records may be shared with members of that class. If the class is not cross-listed, class recordings that include the student education records of one section of the class cannot be shared with the other section of the class without student written consent. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request.

Cross-Listed Courses

There are various scenarios that may necessitate the cross-listing of an in person synchronous course and a remote asynchronous companion section of the course, such as if there are international students with a time zone differential enrolled in the course or as a student ADA accommodation.

Cross-listed courses share a BlackBoard Learn Course Shell and as a result share the same BlackBoard Learn course materials, class list, and allow the students enrolled in the course to participate in the same online discussions. Students enrolled in a cross-listed course are considered to be enrolled in the same class under FERPA, and class recordings may be shared with them without issue.

Non Cross-Listed Courses

If the different class sections are not part of a cross-linked course, students enrolled in different class sections are not considered to be enrolled in the same class. As a result, the students’ education records (including class recordings, and other data such as the fact of their enrollment in another section of the course) cannot be shared with different class sections without the student’s written consent. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request.

Yes. Class recordings that include student participation may be shared with students currently enrolled in that same class whether or not they were present for that particular session.

Generally, no, not if:

1. the recording includes any information that is linked to or linkable to a specific student or students such as photo, video, audio, name, and
2. the instructor has not obtained the express, written consent of each student or each individual attending the recorded class prior to recording the class. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request.

Generally, no, not if:

1. the recording includes any student identifiable information such as their photo, video, audio, name, the fact of a student’s enrollment in the course, and
2. the instructor has not obtained the express, written consent of each student in the recorded class prior to recording the class. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request.

Although you may discuss the same information in different sessions of a particular class topic, because the discussion, questions and participants are not the same, the class becomes a different class. Therefore, because this is not the same class, as defined in the FAQ "What does 'the same class' mean?", you may not share the class recording with a different section of the class.

Students who are not enrolled in the same class are considered third parties under FERPA so generally, no, you may not share a recording with another section if:

1. the recording includes any information that is linked to or linkable to a specific student or students such as photo, video, audio, name, and
2. the instructor has not obtained the express, written consent of each student in the recorded class prior to recording the class. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request.

If a previously recorded lecture contains information that is linked or linkable to a specific student or students, such as photo, video, audio, or name, you may not share it with another section unless:

1. You have obtained written consent from each of the students depicted in the recording. The Office of the General Counsel will provide an approved consent for the use of class recordings upon request, or
2. Drexel’s Instructional Technology Group (“ITG”) has edited the video recording to remove the student identifying information. If the recording includes only the lecturer/speaker’s video, audio and presentation materials and does not include any student identifiable information, the recording may be used by you in subsequent class sessions and sections at Drexel.

If the recording includes only the lecturer/speaker’s video, audio and presentation materials and does not include any student identifiable information, the recording may be used by you in subsequent class sessions and sections at Drexel.

Class recordings that include information that is linked or linkable to a specific student or students, must only be used for the duration of that class.

Class session recordings should only be maintained in Drexel IT sanctioned and approved systems (i.e., Blackboard Learn and Drexel Streams/Kaltura) and not stored locally. Drexel ITG must be consulted regarding storage and destruction of class recordings. Please consult the following University resources for more information:

• DUIT Tutorial Video
• DUIT Zoom Best Practices
• Drexel ITG Blog Post on Zoom

Generally, yes, if the class recordings will be shared with any individual who is not enrolled in that same class, in which case you must obtain express written consent from the students whose identifiable information is depicted or contained in the recording.

No. The Zoom notice is not intended to comply with FERPA and does not meet Drexel’s written consent requirement for the sharing of class recordings with individuals who are not enrolled in the same class.

Yes. It is a best practice to notify students in the syllabus that class sessions will be recorded, advise them as to the purpose and intended use of the recordings, and notify them that they are not permitted to capture or copy the recording themselves and/or share the recording with others, unless otherwise authorized to do so by the university.

The following language should be included in your syllabus to provide notice of planned class session recording:

"Meetings of this course might be recorded. Any recordings will be available to students registered for this class. Students are expected to follow appropriate university policies and maintain the security of passwords used to access recorded lectures. Recordings, or any part of the recordings, may not be reproduced, shared with those not in the class, or uploaded to other online environments."

It is also important that the instructor reminds students at the beginning of the term and during the first class session that class sessions will be recorded. The instructor’s verbal notification that class sessions will be recorded should be included in the class session recordings.

Please see the following University resources for more information.

• Remote/Hybrid Teaching and Learning Resources Guide
• Syllabus Statements Related to Remote Teaching

Generally, no. Pennsylvania is a “two-party consent” state. This means that under Pennsylvania law, it is generally illegal to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone being recorded. The aim of the law is to make secret recordings of people illegal. However, the law does not apply in situations where the person or people involved in the communication have no expectation that their communications are private, such as oral communications in public spaces or in a classroom setting.

That being said, instructors are advised to clearly notify students when classes are being recorded, both prominently on the class syllabus and orally during the first day of class. Additionally, Instructors should only share class recordings that contain student identifiable information with enrolled students in the same class, as those students generally expect that information shared in the classroom setting will only be shared with members of that same class.

If a student notifies the instructor or other officials that they do not wish to be recorded during class sessions, the instructor must ensure that the student is not included in class recordings. This applies to both in-person and virtual class sessions. Students who do not wish to appear in a recording must have the same educational experience as students willing to be recorded. Requesting that they not ask questions or must sit in certain seats is not appropriate.

Generally, yes. But be sure to only share the information that is pertinent to class discussion and that was entered into the chat in the general forum. Where individuals shared private chat content, either only to the instructor or only to other individuals in the class, the content of those private chats should not be shared with the entire class.

Zoom chat content should treated as part of the class session recording and should only be shared with enrolled students in the same class.

No. Recorded class sessions that include information that is linked or linkable to a specific student or students must not be posted to sites like YouTube, IGTV, Vimeo or other hosting platforms. Even if posting recorded classes to the private section of these sites, recordings of class sessions may not be posted to YouTube, IGTV, Vimeo or other video hosting platforms. Instead, recorded classes should be posted to the class session site on BlackBoard Learn, Kaltura or other approved platforms available through Drexel ITG.

If the instructor has recorded lectures that do not include any information that is linked or linkable to a specific student or students, and the recorded lecture only includes the instructor’s video, audio and presentation materials, then the instructor may post recordings of their lecture that do not contain student identifiable information to such other video hosting platforms.

Please note, if students are asked to view the instructor’s recorded lectures on an external video hosting platform, students must not be required to subscribe, register, like or comment on the content and/or platform, or in any way be required to provide personally identifiable information when accessing the recorded lecture.

While recorded class sessions should only be shared with students enrolled in the same class and the instructor, instructional support staff who assist the instructor for the class, members of Drexel ITG and other Drexel personnel necessary to maintain University systems and policy integrity may have access to class recordings solely to carry out essential functions of the University.

Students have the right to have equal access to their class. This means that they have the right to make requests and have those requests taken into consideration when or if classes are recorded.

Students who do not wish to be recorded:

If a student makes a request that they not be recorded, then that request should be considered and to the extent practicable, the student should not be recorded. When a student makes such a request, it is important for the instructor to speak with that student to both understand the nature of their request and to explain to the student why class recording may be necessary. The instructor should take the student’s request into consideration and work with the student to honor the request where possible. For example, if a student asks not to have their image recorded if it is possible for the instructor to record only themselves, then the instructor should record the class lecture, aiming the recording device only at the instructor and the items presented by the instructor during the class session. If the student then participates during the lecture and the student’s voice is recorded, then the instructor should continue with the recording as the student’s specific request has been honored by not recording the student’s image in the recording, and the student was provided proper care and concern by the instructor’s recording process.

A student should not be made to limit their class attendance or participation because of the recording or because of their request not to be recorded. This is not in compliance with FERPA rules and is not in keeping with University policy and practices.

Students with an approved accommodation to record a class that is not being recorded by the instructor:

It is the responsibility of Drexel University to ensure that all approved accommodations are provided for students with disabilities. If you have questions regarding the implementation of an approved accommodation to record class sessions, please contact Disability Resources immediately at disability@drexel.edu or 215.895.1401 to discuss. You may also review the FAQs provided by Disability Resources for faculty here: drexel.edu/disability-resources/about/frequently-asked-questions/faculty-faq/.

Yes. For open lectures, the below practices are recommended:

1. Notify enrolled students in each course, both in writing on the course syllabus that should be distributed and available to each enrolled student and orally during the first day of class, that certain classes will be offered as a combined lecture. Be sure to notify enrolled students of the specific topic of the combined class lecture.
2. Offer enrolled students in each course the opportunity to speak with their course professors separately if the student is not comfortable with the combined class lecture.
3. The invitation to the lecture should be distributed broadly to all interested students via email using the blind carbon copy (Bcc) function (thus not disclosing student course enrollment in different courses).

Consent is required to share a lecture recording that includes information linked or linkable to a specific student or students with individuals outside of students enrolled in the same class.

When different class sections are not part of a cross-linked course, students enrolled in different class sections are not considered to be enrolled in the same class and the students’ education records (including class recordings that include information linked or linkable to specific student or students, and other data such as the fact of their enrollment in another section of the course) cannot be shared with different class sections without each student’s written consent.

The Office of the General Counsel will provide an approved consent for the use of class recordings upon request. The instructor should distribute this consent to the students and collect the signed documents. The instructor’s department must retain the signed consent forms in compliance with Drexel’s record retention policy and schedule [PDF].

As noted in FAQ 23 above, guest lectures should be offered as open lectures that are open to all interested students to avoid revealing individual student enrollment in different classes or sections.

Please see FAQs 6, 8, 10 and 11 for more information on sharing recorded lectures.