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While I’ve spent a great deal of time tutoring students, I have very limited experience as an educator. However, upon completion of this program, I intend to apply for positions as a high school math teacher.

This legal guide will attempt to provide information about the use of cameras in U.S. classrooms. I chose this topic because I believe it’s relevant. Technology is often incorporated into educational settings, and with the recent pandemic, cameras were a necessity for educators to continue teaching. However, I was curious about the legality of using cameras in the classroom not only to record lessons, but to protect students and teachers. The intended audience of this legal guide is teachers and educators of various levels.

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Slide #3 National Education Association Article

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Slide #3 National Education Association Article

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This article discusses an incident in 2014 in a Tennessee school district where cameras were intended to be placed in each of the district’s schools. However, employees, students, and parents were not informed of the district’s intent. While cameras are often used for security purposes, many teachers (and parents and students) worry they’re an invasion of privacy and a tool for intimidation.

Link: https://www.nea.org/advocating-for-change/new-from-nea/cameras-classroom-big-brother-evaluating-you

Walker, T. (2015). Cameras in the classroom: Is big brother evaluating you? National Education Association. https://www.nea.org/advocating-for-change/new-from-nea/cameras-classroom-big-brother-evaluating-you

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For post-covid education, keeping cameras in the classroom has benefits:

·       Students can rewatch lessons as needed.

·       Students who miss school for illnesses or weather can stay on track.

·       Teachers can request feedback on their instruction from peers.

·       Classroom footage can be used for professional development.

·       Students may be counted as ‘present’ if they’re out sick, which could increase some schools funding (if it’s based on attendance rates).

However, there are concerns:

·       Educators worry how their administration will use lesson footage.

·       Allowing parents access to the footage could open the door for further scrutiny and issues.

·       There are questions pertaining to the maintenance of the footage, such as how long the recordings should be kept and where should they be stored?

·       Some teachers view recordings as encroachment on their professional autonomy.

The author clearly states they are a proponent for cameras in the classroom, therefore it is clear the article is written with some degree of bias.

Link: https://www.educationnext.org/post-covid-case-classroom-cameras-pandemic-ends-keep-teachers-cameras-on/

Petrilli, M. (2021). A post-Covid case for classroom cameras. Education Next. https://www.educationnext.org/post-covid-case-classroom-cameras-pandemic-ends-keep-teachers-cameras-on/

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The article lists a series of concerns for the inclusion of cameras in classrooms, such as:

·       Lack of privacy for both teachers and students.

·       The lack of privacy could make students less comfortable in the classroom and less willing to participate. Students may feel worry they’ll make mistakes that will be seen by others.

·       Screenshots of footage can be taken, which could allow room for bullying and peer victimization.

·       Teachers may feel pressured to teach differently, which could affect the success of their lessons.

·       Teachers may be harassed by “overzealous parents – some [of which] may think the teacher is too liberal or too conservative” (Brown, 2020, para. 12).

It was suggested that lessons should be delivered in 5-10 minute increments via technology, while teachers can use class time to supplement instruction.

Link: https://www.goodmorningamerica.com/family/story/parents-concerned-cameras-classrooms-advocates-72649830

Brown, G. S. (2020). Why parents should be concerned about cameras in classrooms: Advocates. Good Morning America. https://www.goodmorningamerica.com/family/story/parents-concerned-cameras-classrooms-advocates-72649830

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Though the case of Katz v. United States (1967) had little to do with education, the case introduced the idea of ‘reasonable protections’ under the Fourth Amendment. Katz was recorded in a public space, and the recording was later used as evidence to charge and sentence Katz to prison. The Supreme Court ruled the Fourth Amendment protects people, so even though Katz was in a public space, he had reasonable expectations of Fourth Amendment protections.

Since the case, courts rule according to the precedent set forth by Katz v. United States. Employees have a right to their privacy in places “where privacy can be reasonably expected, such as a private office, bathrooms, and locker rooms” (Chron, 2020, para. 3).

Chron. (2020). Employee rights in schools that use surveillance. https://smallbusiness.chron.com/employee-rights-schools-use-surveillance-16078.html

Katz v. United States. (1967). Oyez. https://www.oyez.org/cases/1967/35

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According to the Federal Family Educational Rights and Privacy Act (FERPA), students’ education records and personally identifiable information (PII) are to be protected. School’s have a legal obligation to ensure information about a student is protected and classroom recordings could encroach on student’s rights.

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. (1974). https://uscode.house.gov/view.xhtml?req=(title:20%20section:1232g%20edition:prelim)

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When looking at student rights, Section 99 of Title 34 of the Code of Federal Regulations outlines the privacy rights students and parents can expect to have at an educational agency or institution. It refers specifically to the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and reiterates that students’ education records and PII are confidential and should be protected.

34 C.F.R. § 99. https://www.law.cornell.edu/cfr/text/34/part-99/subpart-A

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The Texas Education Code (Section 29.022) is a very specific statutory law pertaining to the video and audio surveillance required of school districts in special education classrooms. The surveillance is required by the state to protect vulnerable students from maltreatment and victimization from peers and district employees.

Tex. Educ. Code §29.022. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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According to the San Angelo Independent School District Student Handbook (2020-2021), “the district uses video and audio recording equipment to monitor student behavior, including on buses and in common areas on campus” (p. 82).

The handbook also states that parents of students that receive special education services can request (in writing) for the district to use surveillance equipment in special education classrooms for student safety.

San Angelo Independent School District. (2020). San Angelo Independent School District Student Handbook 2020-2021. https://resources.finalsite.net/images/v1609949031/saisdorg/g3am1duqv5snuljppgcm/StudentHandbook2020-2021.pdf

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According to Standard G, Section 247.2, Title 19, of the Texas Administrative Code, educators are to “comply with state regulations, written local school board policies and other state and federal laws”. Ethically, whatever is legally decided would need to be followed. While the courts have ruled that people have a right to privacy where it can be reasonable expected, public places and common areas could be surveilled by the school legally.

19 Tex. Admin. Code §247. (1998). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Slide #13 List of Recommendations/Best Practices

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Slide #13 List of Recommendations/Best Practices

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1.      Stay up to date on legislation concerning surveillance equipment in classrooms and other school spaces.

2.      Communicate with your administration and supervisors about concerns.

3.      Be aware of changes post-covid; technology became a primary form of teaching and it may be expected to continue.

4.      If you work in a special education classroom, parents can request video and audio surveillance for their student.

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While the pandemic has created an environment that expected educators to record their lessons, putting cameras in classrooms full time still seems like it could cause issues. If it became a legal requirement, I would accommodate and comply. However, I believe while there is good intent, it’s possible that the classroom videos could overstep.