Policy 1105

Community Engagement

Recording of Others

Reviewed and affirmed by the Board:  10/9/2018
Last Revision
Original publish date: 10/09/2018
Related policies & regulations:  1370.1, 3999, 3999.1, 5480, 6740
Legal references:  Neb. Rev. Stat ยง 86-290 Letter to Anonymous, 40 IDELR 70 (OSEP2003)

  

To ensure the privacy and confidentiality of student information, no person is authorized to record or transmit any sound or image of any person (including themselves) without the prior consent or authorization of either (1) the person or persons being recorded or whose image or sound is being transmitted or (2) the Superintendent or Superintendent’s designee, including but not limited to surveillance recording.  Recording may also be done by authorized staff for purposes of child welfare (for example, to record images of injuries to students caused or believed to be caused by another person).  Further, recording may be done in circumstances where recording is expressly permitted by law, such as recording a Board meeting during open session.  The one-party consent law alone, however, does not justify a recording not otherwise authorized herein.

 

This prohibition applies to all persons, including staff, students and community members, regardless of the content or context of the image or sound; however, this provision shall not apply to District-sponsored athletic or activity events where the focus of the recording or transmission is on the student performances or activity.  This provision also shall not apply to law enforcement officers or emergency responders who may make recordings in the performance of their duties.

 

Nothing in this provision shall prohibit the recording of an Individualized Education Program (IEP) meeting or Individual Family Service Plan (IFSP) meeting if the recording is necessary to ensure that the parent understands the IEP or the IEP process, the IFSP or IFSP process or to implement other parental rights guaranteed by the Individuals with Disabilities Education Act.  Individuals recording in this circumstance shall inform all others present in advance that they are recording.