5063: Audio and Video Recording

Students and their parents or guardians should assume that any ESU program in which students are enrolled may be recorded by the ESU or other students for legitimate educational purposes. Recordings permitted pursuant to this policy may only be used by students for personal academic purposes and may not be republished without additional, written consent from an ESU administrator. For purposes of this policy “recording” includes still photographs, video, audio, and other similar data captured in any medium.

Recordings Made by the ESU. The ESU may use cameras or other devices for purposes of making security, safety, or other recordings without a specific purpose or for a specific purpose when such recordings are deemed necessary or appropriate by the administration. The ESU will not maintain the recordings unless the recording is purposefully copied and saved, and the recordings will only be available for review for a limited time based on the ESU’s then-current recording capacity. The ESU administrators estimate that this is approximately 30 days but may change at any time.

Classroom Recordings by Staff. Staff members may make audio and video recordings of classroom instruction and ESU and program activities upon authorization of the administrator or supervising administrator.

Prohibited Recordings by Students. Unless otherwise authorized by this policy or law, students are prohibited from making audio or video recordings during the program day on ESU grounds; when being transported to and from ESU activities or programs in a vehicle owned, leased, or contracted by a ESU being used for an ESU purpose by an ESU employee or by his or her designee; or at an ESU-sponsored activity or athletic event, unless the recording is made in a manner permitted by the ESU for members of the public. For example, students making recordings of an athletic event for their personal use similar to a parent or other patron are permitted, but students are still subject to the ESU’s appropriate use and student discipline policies.

Permitted Classroom Recordings by Students. Students may make audio or video recordings of classroom lectures or discussions:

  1. For their convenience after providing notice to the classroom teacher and receiving the teacher’s permission;
  2. For the benefit of another student who is absent after providing notice to the classroom teacher and receiving the teacher’s permission;
  3. If recording is necessary to accommodate the student’s disability and is required by the student’s Individualized Education Plan (IEP) or Section 504 Plan.

Staff may revoke permission to record if the recording distracts from or disrupts the classroom environment, unless the recording is necessary to accommodate a student’s disability.

Permitted Non-classroom Recordings. Students may make audio or video recordings otherwise prohibited by this policy outside the classroom only with the permission of a teacher or ESU administrator, provided that such recordings otherwise comply with any applicable state and federal laws and ESU policy. In no event shall photographs or video recordings be taken or made in restrooms, locker rooms, or other areas where there is a reasonable expectation of privacy.

Adopted on: May 13, 2019
Revised on: _________________________
Reviewed on: December 11, 2023