AP 183 - Live-Streaming and Recording of Classes
Background
The use of camera feeds and live-streaming of classes affects the privacy rights of both staff and students. Recordings of images and voices are personal information of the individual and are subject to the provisions of The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP). (See AP 180 - Local Authority Freedom of Information and Protection of Privacy)
Recordings of various sorts are used by teachers as effective education strategies. Recordings that are made by students for education purposes and are only shared within the classroom are acceptable as they are not being published and are only available for education purposes. Consent is not needed as long as such productions are being used in this way and for these purposes.
If the recordings are published beyond this scope,general consent signed by students and parents/caregivers will allow limited use of the above for specified educational purposes. Please refer to AP 181 - Permission for use of Student Work and Personal Information.
Procedures
Live-Streaming
1. Consent does not generally contemplate the type of arrangement where a class is live-streamed to a student who is not present in the class, or is “Learning From Home”. In order for live-streaming to take place in the classroom, there needs to be:
2. If live-streaming is for a purpose other than Horizon School Division’s duty to accommodate a student, then consent of the students and staff will be required.
In a classroom, school divisions are balancing various rights. Each student has a human right under The Saskatchewan Human Rights Code to education without discrimination and a statutory right to an education pursuant to The Education Act, 1995.
3. Horizon School Division has a duty to accommodate each student who has a disability, as defined in the Saskatchewan Human Rights Code. As examples, if the student has an immunocompromised condition, or has a family member who is immunocompromised, or has varying levels of anxiety, it is reasonable for an accommodation plan to include the ability to allow that student to participate in live video feeds into the classroom, so that the student can engage virtually with their peers.
5. Considerations and Requirements for Live-Streaming
Reference: Saskatchewan Human Rights Code, 2018
The Education Act, 1995
The Local Authority Freedom of Information and Protection of Privacy Act
Administrative Procedure 180 - Local Authority Freedom of Information and Protection of Privacy
Administrative Procedure 181 - Parent/Guardian Permission for use of Student Work and Personal Information
September 21, 2020
The use of camera feeds and live-streaming of classes affects the privacy rights of both staff and students. Recordings of images and voices are personal information of the individual and are subject to the provisions of The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP). (See AP 180 - Local Authority Freedom of Information and Protection of Privacy)
Recordings of various sorts are used by teachers as effective education strategies. Recordings that are made by students for education purposes and are only shared within the classroom are acceptable as they are not being published and are only available for education purposes. Consent is not needed as long as such productions are being used in this way and for these purposes.
If the recordings are published beyond this scope,general consent signed by students and parents/caregivers will allow limited use of the above for specified educational purposes. Please refer to AP 181 - Permission for use of Student Work and Personal Information.
Procedures
Live-Streaming
1. Consent does not generally contemplate the type of arrangement where a class is live-streamed to a student who is not present in the class, or is “Learning From Home”. In order for live-streaming to take place in the classroom, there needs to be:
1.1. Consent of all participants including the staff and students in the classroom and the student who is at home; or
1.2. A section of LAFOIP that allows the sharing of information without consent.With Consent for Non-Accommodation Purposes
2. If live-streaming is for a purpose other than Horizon School Division’s duty to accommodate a student, then consent of the students and staff will be required.
2.1. Specific written consent will need to be obtained from each participant.
2.2. Students aged 18 and older will be able to sign their own consent forms.
2.3. Parental consent for younger students is required.
2.4. High school students will sign the consent forms along with their parents/caregivers.
2.4.1. Care must be taken to ensure that all students are giving informed consent. They need to understand what will be shared, who will have access, and any potential risks; and
For Purposes of Accommodation2.4.2. If not all students in a class consent, then arrangements can be made so that those students are not captured in the live-stream or recording.
In a classroom, school divisions are balancing various rights. Each student has a human right under The Saskatchewan Human Rights Code to education without discrimination and a statutory right to an education pursuant to The Education Act, 1995.
3. Horizon School Division has a duty to accommodate each student who has a disability, as defined in the Saskatchewan Human Rights Code. As examples, if the student has an immunocompromised condition, or has a family member who is immunocompromised, or has varying levels of anxiety, it is reasonable for an accommodation plan to include the ability to allow that student to participate in live video feeds into the classroom, so that the student can engage virtually with their peers.
3.1. Horizon School Division must be able to show that the live-stream was a necessary part of an accommodation plan.
3.2. Live-streaming must not be used frivolously - if a student has a temporary condition such as a cold or flu, this is a transient condition and a live video feed in the classroom may not be reasonable. However in a case where a student is required to self-isolate for multiple weeks, this again may be a reasonable accommodation.4. Several sections of The Local Authority Freedom of Information and Protection of Privacy Act provides support that consent would not be needed. When live-streaming for accommodation purposes, the consent of students or staff is not mandatory. In order to protect the privacy of all participants in these sessions, Horizon School Division has put stringent requirements in place to avoid inappropriate disclosure of personal information.
5. Considerations and Requirements for Live-Streaming
5.1. Recording
Live-streamed session should not be recorded unless:
- The recording is made by the teacher;
- The recording is necessary for instructional purposes;
- All parties are notified in advance of the reason for the recording, who will have access to it, and for how long it will be retained; and
- The recording is retained only for the time for which is required for instructional purposes.
5.2. Nature of Live-Stream Sessions
Teachers/Principals should set the pattern for such interactions that will be followed in each case:
6. Horizon School Division Responsibilities
- Established start and end times for live-streams must be adhered to, as much as possible;
- Work with students to set protocols for how interactions will occur;
- Only interact during the scheduled times – do not engage in additional or extended sessions to address other issues;
- Live-streamed sessions are to be specific and targeted in terms of educational needs – they should have specific outcomes, time limits, etc. Students should have a clear understanding of the reason for the live-streamed session, what the teacher will do, and what the teacher will expect the student at home and those in the class to do; and
- Limit discussion during the live-streamed sessions to educational matters in the same manner as interactions would happen during class time within the school setting.
6.1. Horizon School Division has a legal obligation to protect the privacy of its students and staff. Horizon School Division will:
6.1.1. Ensure that the technology used is secure and that the live-stream sessions cannot be accessed by anyone other than those authorized to do so;
6.1.2. Follow up on any reports of breaches or misuse of the process;
6.1.3. Ensure that the student and classroom have appropriate resources; and
7. Teacher Responsibilities6.1.4. Horizon will not use the live-streamed session for other than educational purposes.
7.1. Teachers should not live-stream classroom sessions unless there is an educational need to do so.
7.2. Live-streamed sessions must be approved in advance by the principal, in consultation with the Director of Education (or designate). (For example, if the students are instructed to read a book of their choice silently, it isn’t necessary to live-stream students reading.)
7.3. If issues arise which are outside the responsibility of a teacher, the teacher should, as they would in a classroom setting, ensure the student is safe and then pass any needed information on to the principal so that an appropriate professional can deal with the matter.
7.4. Horizon School Division’s duty of care applies to online education services and Horizon will take judicious steps to protect both students and teachers. As such, no one-on-one interactions between a student and a teacher shall occur.
7.5. Interactions such as emails, phone calls, and text messages shall be professional and limited to educational matters. If communications from a student becomes excessive or inappropriate, the teacher shall immediately consult with the principal.
7.6. If a teacher sees something occurring in the student’s study environment which makes the teacher uncomfortable, the teacher shall address it with the student and/or parent/caregiver as soon as possible.8. Duties of Students in a Virtual Classroom
8.1. Expectations for students will continue to apply with respect to classroom environment, behaviour, attendance, and other duties.
8.2. Students shall not record classroom learning sessions. Any such action will be subject to the same disciplinary action as if they recorded a person without consent in any other situation.
8.3. Students must comply with the direction of the teacher with respect to interactions with off-site students.9. Responsibilities of Parents/Caregivers and Off-Site Students
9.1. It is strictly prohibited for parents/caregivers and students to record classroom learning sessions in full or in part. If parents/caregivers or students break these rules or any other rules set by the school or Horizon School Division, the division will reserve the right to end the student’s participation in the live-streamed sessions.
9.2. Parents/caregivers are not to participate in live-streamed sessions without prior approval of the teacher.
9.3. The rules established by the teacher must be adhered to. These may include, but are not limited to:
- What the student wears (i.e. similar to school rules);
- What can be occurring in the student’s place of study; and
- General behaviour expectations.
Reference: Saskatchewan Human Rights Code, 2018
The Education Act, 1995
The Local Authority Freedom of Information and Protection of Privacy Act
Administrative Procedure 180 - Local Authority Freedom of Information and Protection of Privacy
Administrative Procedure 181 - Parent/Guardian Permission for use of Student Work and Personal Information
September 21, 2020