教育录像和保护学生权利

Teachers are naturally skilled at improvisation and maximizing value from available resources. Those skills haven't disappeared as many school districts and universities continue to hold classes remotely. With many companies offering free-to-use educational technology products, 尤其是视频服务, it's prudent to take some time to assess the risk of the tool you bring into your online classroom.

最著名的, most poorly understood law impacting teachers when evaluating the risk of an educational technology product is FERPA, 《家庭教育权利和隐私法. It's a federal law that guarantees access to the educational records for the parents or guardians of minor students, while protecting educational records from everyone else —including the parents of adult students, 谁可能为学生支付学费. 自2002年联合国.S. 最高法院的裁决 贡扎加v. 美国能源部, FERPA does not provide any enforceable individual rights. Students and families cannot sue a teacher or a school district for a FERPA violation; instead, they file a form with the Department of Education (DOE) describing the violation. The DOE then serves as investigator, judge, and jury on the complaint. Its outcome is either a decision that the school acted in compliance, or, 如果没有, the school is given specific instructions on how to remedy its non-compliance. If the remedies are not acted upon, the school can lose federal funding. 因此, FERPA对学校来说是一项至关重要的法律, and teachers play an important role in maintaining FERPA compliance. 然而, school administrators too often use FERPA as a blanket excuse to deny a teacher's attempt to use technology creatively.

Of utmost importance is having a clear definition of "education record," which the Department of Education provides: "those records that contain 信息 directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution." Both clauses are critical here: For 信息 to be FERPA-protected, 它必须是关于一个特定的学生, 而不是聚集在一群学生身上, 而且它 has to be 信息 that the school curates or contracts someone to curate on its behalf. 成绩, 考勤信息, and registration 信息 are all education records that cannot legally be shared outside of a school's designated communication systems. Since the Department of Education is the absolute authority on FERPA compliance, 随着时间变化, 小心支付是极其重要的注意它随时间更新的指导.

There are privacy risks beyond FERPA that also need to be weighed. 在美国，任何人都可以起诉任何人.S. if quantifiable damages, as well as intent to harm or negligence to prevent harm, can be proven. Schools in most states confer limited qualified immunity on teachers and schools, 公共和私人, but the ease with which students can sue a teacher varies widely by jurisdiction: A search for "tort immunity" and the name of your state should get you headed in the right direction. (Or, check with your teacher's union or school's legal office.) My advice is to avoid making students record themselves on camera for schoolwork, 尤其是当视频是由免费服务托管时, 而服务条款通常规定的是永久的, 不可撤销的, 所有用户内容的平台免版税许可. It's best to give students a way to complete their work without revealing their living conditions, 这可能会导致损害.

By far, the greatest risk factor is accessibility for disabilities, both sensory and cognitive. The primary federal regulations are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). The most common way that K–12 schools comply with IDEA is through Individualized Education Programs (IEPs) negotiated between schools and a student's family. Staying within the agreed guidelines of your students' IEPs and making a good-faith effort to maintain contact with their families are the best ways to avoid having your creative classroom activities cause legal risk for you or your school.

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有效的K-12视频策略

The revolutionary change over the past 10 years has made production technologies accessible to teachers and even students. 四年前, 当然, almost everyone was forced to rely on educational video to keep schools asfunctional as possible. 今天, we can identify several use cases of teacher-produced educational video that are particularly effective.

2024年1月26日