In the last few years I feel like there really has been a technology boom in the field of education and our administrators are pushing us to include more tech. in our teaching. As music teachers it just seems natural to take a video at the end of class and share it out so that others can see our final product.
Truthfully, I would love to share videos of my students singing and playing instruments. It would bring me joy to show off their awesome folk dancing skills and the ways that they work together. I am proud of my students and I want to share their accomplishments with the world! Especially here on the blog, it would be so awesome to post videos of my kids dancing or playing instruments. It's so much easier and simpler to show you how a dance works than to try and explain it in words.
But the truth is that sharing images of our students is not only a bad idea but it can be downright dangerous. In this post I'll work through some of the reasons that have convinced my why I can't openly share pictures of my students and I will talk about some ways that it might be possible to share responsibly.
The Debate - What's the big deal?
If you read nothing else in this article, remember this: it's not about you. I think that all of us have the best of intentions when it comes to sharing pictures/videos of our students. But, any time you even consider sharing the face of a student online, think about how it might affect that child.
There are a whole host of reasons why teachers should NOT share photos/videos of their students. The first reason is that it might be against the law. You should always consider whether posting a photo/video of a student would violate laws protecting student/educational records. Both the federal Family Educational Rights and Privacy Act (FERPA) and related state laws generally allow a parent/guardian (or student if over the age of 18) to control whether third parties outside of the school environment can see a student’s records.
You might be saying, "well I would never post student grades or data online, that's silly!" However in some states, posting a picture of a student with a caption that gives their name counts as a student record because you are identifying that a particular individual is enrolled in your school and your class.
Now there is some debate in the legal community if it's okay to post a picture of a student that doesn't clearly identify them (think: whole group class shot with no named students or an action shot of a sports activity). There is also some argument on whether it's safe to post pictures of students where the kid can be identified but where they are not specifically named.
I would argue that if a face is visible and the whole face is in the picture, then you're in trouble. Facial recognition software is advancing by leaps and bounds every day. You might think that it's okay to post student pictures if they're not named... but software might be able to name them for you. What's even scarier is that there's new photo recognition software that can identify someone even if part of their face is obscured or covered in the photo.
One more very important question/thought I have is about how we share. There are a whole host of laws (including FERPA = the big one) about schools sharing student photos and videos on school websites and school-hosted platforms. There are very few laws (they just haven't been written yet) about teachers using their own personal/classroom Facebook, Twitter, and Instagram accounts to share student photos. A parent may choose not to sign the "opt out" form because they feel that there would be little/no harm for their students face to be featured on the school website. That opt out form doesn't necessarily cover your classroom Twitter/Facebook page. If it did, parents might make a different choice.
This is a big grey area and there aren't any real hard and fast procedures about this type of sharing. However, in my mind, if you personally opened the account and it is not run or controlled by your school then the account is your account. That means that if a dispute comes to you about sharing a photo, your school likely cannot cover you with their district policy. I mean, if you take a photo of a students and share on an Instagram account (even if you call it your "school/classroom" account), it's still just an Instagram account. It's not like you're sharing on a school website (controlled by your school) or a safe teacher/parent only interface. It's out there for the whole world to see.
Here is a great website from "Education Law Insights" that talks about FERPA law and sharing student photos/records/videos.