Student Images in School Materials and Third Party Postings
Prepared for NAIS by Debra P. Wilson, NAIS Legal Counsel, and Etta Collins, Esq.
August 2012
These days, when almost every phone is capable of taking both photos and video, schools need to be aware of the use of
these photos and videos for school-related materials, including the website and other promotional pieces. Regardless of
what the policy may be, every school should have a policy regarding the use of student images on school related sites
and materials. These policies not only provide staff guidance on use of student-images, but guidance to the larger
community that may have access to school sponsored sites, such as Facebook. Comprehensive policy plans will provide
schools with the permissions they need to use the images with confidence.
The Risks of Student Image Use
The use of student photographs in school promotional materials can raise privacy and safety concerns, both in print and
on the Internet. Schools enjoy the opportunities that school day images can show prospective families, including the
diversity of the student body and the opportunity to highlight student successes. The concern, of course, is that the
widespread use of the Internet can allow these same photos to be immediately available to anyone in the world, which
raises the concern of web predators, particularly when students are identified by name. These conflicting interests raise
these privacy and safety concerns that all schools will want to address in their approaches to using student images.
Parent Permission
Schools should secure parent permission (or student permission once the student has reached majority age) before using
images or other likenesses of identifiable students in school-related materials. The permission helps the school on at least
three levels. First, the permission is designed to comply with the general principle that individuals should provide consent
before their likenesses are used in marketing. Second, the permission ensures that parents are not surprised to find their
child on the cover of the latest school magazine, Facebook posting, or other school-related media venue. Finally, the
school has reasonable confidence in the materials it uses, and is aware of any students that should not be involved in
creating such material and is aware of any special issues that individuals parents and students may have in their likeness
being presented on school and school related sites.
At the most basic level, schools generally secure parent permission for school use of students in school promotional
materials, with those materials being broadly defined to cover photographs, video, and audio recording, both on paper and
in other media forms, including the web. Parental consent can be obtained by a written release that can be part of the
enrollment contract or an independent document. It is also helpful to have the policy spelled out in the school handbook.
From a risk management perspective, when parents agree that a school may use a student’s image in promotional
materials, they implicitly agree not to hold the school responsible for any resulting wrongdoing, provided the school acts
reasonably and without negligence. An example permission is below:
I hereby permit the School to use, in whole or in part, photographs, videos, written extractions, and voice recordings
of my child, his or her work, and my family for the purpose of illustrations, publications, and websites, including both
not limited to school marketing materials. Further, I hereby permit the School to notify local newspapers of my child’s
academic, athletic, and other special achievements.
Schools should work with their school attorneys because individual states sometimes have different expectations about the
level of detail that may be needed in such permission. Also, schools that have a history of difficult parent interactions around
this topic may choose to provide a more in-depth permission with school policies on the topic in a separate document.
Occasionally schools do have parents who would prefer that their children not be in school materials. When this is the case,
the school should make its best efforts not to include the students in any identifiable way in school photos, videos, or other
representations in school materials, websites, and similar posting.
Family Educational Rights and Privacy Act
Schools that take federal funding from the Department of Education are required to comply with the Family Educational
Rights and Privacy Act (FERPA). Some states have also adopted portions of FERPA that apply to all schools in the state
and some schools follow FERPA practices and procedures, at least in part, as a good practice when it comes to student
privacy. If your school takes federal funding from the Department of Education, or is otherwise obligated to follow FERPA,
your school’s policy regarding the dissemination of student photographs should comply with the Federal Family
Educational Rights and Privacy Act (FERPA), as well as any relevant state statutes. In the photo and video context,
schools should know that once a video or photo has been created and kept by the school, it becomes part of the student’s
educational record and is protected by FERPA. These photographs can sometimes be considered part of a student’s
“directory information” under FERPA, for which schools generally already have release consent from parents through their
normal information policies. Otherwise, FERPA requires school officials to obtain student and parental consent before
releasing “student education records” to a third party.
Third Party Videos and Photographs
Many schools have been wrestling with the somewhat new phenomenon of third parties posting photographs and, more
frequently, video of students at either school events or events that involve members of the school community. Some of
this activity is welcome, often posting exciting sports moments on school Facebook pages, highlighting school moments.
Others are less welcome, sometimes involving painful or embarrassing moments for community members.
While the school cannot control all community interactions, some schools have found it useful to create policies around
the expectations of the use of these videos and photographs. The school can also educate caregivers of the privacy rights
of others and the potential dangers of sharing photos and videos. One place where a school has a bit more control is
where an image or recording clearly depicts a school-related activity, such as one where the students are wearing
uniforms and it is clear they attend a particular school. Even if the policy is difficult to enforce, having such a policy may
raise awareness of the potential privacy and safety issues. Some areas that schools have prohibited when broaching this
topic:
 Audio or video recordings of school events without notice to the school;
 Audio or video recordings of school events for sale without permission from the school;
 Internet posting of embarrassing or other footage or photos that would make a student or family uncomfortable or
cause issues with either law enforcement or the school;
 Use of photos or footage to market or endorse a product, place, or service without obtaining permission from both
the school and identifiable individuals.
Some of these points are obviously harder to enforce than others, but an effort to create the norms and expectations for
the community around the privacy issues that have arisen due to the proliferation of recording media is reasonable.
Where the school can control the posting of materials and information, such as a school’s Facebook page, Intranet,
school website, the school should take all reasonable efforts to impose these norms.
What if a parent posts a photo or video of a child on the school Facebook site or website that the child finds
embarrassing? Sharing of photographs and videos from school events should be a fun and uplifting process. If a student
or family is uncomfortable with a photo or video that is being shared, the school should remove it. Further, if an individual
posts such photos or videos on other sites outside the school’s realm of control, the individual may contact the site
administrator to get the posting removed.
Some schools address these issues through comprehensive policies that define the school’s expectations of its digital
citizenry. Shorecrest Preparatory School has generously provided permission for its policy, below, to be provided with this
article.
Conclusion
All schools should be visiting this area of their school policies and practices on a fairly regular basis to ensure that school
practices are complying with the policies and permissions that the school secures. These policies should also be reviewed
for consideration of current technologies and practices of the wider school community, particularly as social media and
other “sharing” sites allow a greater proliferation of online postings. While these vehicles can certainly be used for the
benefit of schools and students, enough negative instances have occurred to warrant all schools remaining engaged on
this topic.
The following policy has been provided by Shorecrest Preparatory School. While this policy is appropriate for its
community and state laws, it may not be appropriate for all schools. It is provided as an example. Schools considering
such policies should consider their own communities and work with an attorney to ensure that the school’s approach is
consistent with state and federal law.
Shorecrest Preparatory School
Responsible Use Policy for Educational Technology
What is Digital Citizenship at Shorecrest?
Digital citizenship is defined as the expected behavior of members of the Shorecrest community as they use responsible
practices with regard to technology. As a way to better understand the complexity of digital citizenship and the issues of
technology use, abuse, and misuse, the International Society for Technology in Education has identified nine general
areas of accepted practices that make up digital citizenship. Members of the Shorecrest community, as digital citizens,
shall act in a responsible, ethical, and legal manner in these areas:
1. Etiquette: electronic standards of conduct or procedure
2. Communication: electronic exchange of information
3. Education: the process of teaching and learning about technology and the use of technology
4. Access: full electronic participation
5. Commerce: electronic buying and selling of goods
6. Responsibility: electronic responsibility for actions and deeds
7. Rights: those freedoms extended to everyone in a digital world
8. Safety: physical well being in a digital technology world
9. Security (self-protection): electronic precautions to guarantee safety
Responsibilities:
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All members of the Shorecrest community shall demonstrate ethical behavior when using technology.
Students shall act appropriately and in a responsible manner when using technology. Technology use at Shorecrest is
for educational purposes.
All members of the Shorecrest community shall be accountable for his or her actions through the use of any
technology that may negatively impact the school, the school’s daily routine, or the reputation of any Shorecrest
community member.
Faculty and staff shall instruct, provide guidance, and support students in the appropriate use of technology.
Families should set and convey similar standards for technology use in the home.
Restrictions:
The following are restrictions on the use of technology through school systems, on school property, at any schoolsponsored event or in connection with school-related work completed away from school. These restrictions also apply to
any act using technology that negatively impacts Shorecrest or a Shorecrest community member, regardless of purpose,
location or time of day.
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Using any technological device for accessing, uploading, downloading, transmitting, displaying, or distributing
obscene, profane, lewd, vulgar, rude, inflammatory, threatening, or disrespectful language or images at any time.
Transmitting any personal information, yours or that of others, on the Internet, network, or technological device.
Taking unauthorized photos, videos, or other recordings of members of the community.
Unauthorized transmission of photos, videos, or other recordings of others on the Internet, network, or other
technological device.
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Unauthorized modification of, damage to or compromising of any technological device, computer system, or network.
Attempting to gain unauthorized access to technological devices, network systems, the Internet, or the work of others.
Using any type of computer hacking software, pirated software, or P2P (peer to peer) file sharing software.
Setting up a network server or wireless access point and/or providing network services.
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Accessing auction sites, gambling sites, or any other inappropriate sites.
Accessing online games that are not related to the curriculum and approved by a teacher.
Using the Internet or any technological device in class without permission and/or supervision by a staff/faculty
member.
Violating copyrights, plagiarism, trespassing in another person's accounts, folders, work, or files on all technological
devices.
Violating local, state, or federal statutes.
Consequences:
Consequences for violating the above mentioned rules shall include, but not necessarily be limited to, verbal warnings,
detention, suspension of technology/computer privileges, school suspension, and separation (expulsion) from Shorecrest
Preparatory School. Any abuse of the Responsible Use Policy for Educational Technology may be considered a
disciplinary violation and/or violation of the Shorecrest Honor Code.
Disclaimer:
Shorecrest Preparatory School does not have control of the information on the Internet or incoming email, and although
an Internet filter is utilized across the campus, it does not always prevent users from accessing the full range of
information available. Sites accessible via the Internet may contain material that is defamatory, inaccurate, abusive,
obscene, profane, sexually oriented, threatening, racially offensive, illegal, or otherwise inconsistent with the mission of
Shorecrest Preparatory School. As Shorecrest's intent is to make Internet access available for educational goals and
objectives, all members of the Shorecrest community shall obey the Responsible Use Policy for Educational Technology
outlined above. In addition, the school reserves the right to view all communications generated on school systems, on
school property, or at any school-sponsored event. This policy expressly applies to the student's personal electronic
devices. Shorecrest is not responsible for any personal technological devices brought on campus, any loss of data due to
faulty connections, or equipment failure.
Notice of Online Privacy Protection
Some systems used by Shorecrest Preparatory School are hosted through online services. Students will be required to
use these online services, such as Yourmembership.com, Google Apps for Education, VoiceThread, Prezi, and Glogster
to communicate with faculty and students as well as for collaboration in the day-to-day activities of the school. Accounts
will be created on the behalf of students to access these systems. Student’s personal information such as first and last
name and Shorecrest email address will be used to create these accounts. All efforts are made by Shorecrest to maintain
the privacy of student information; however, information provided by both Shorecrest and students to the online systems
are subject to the privacy policies of each individual system.
Acceptable Network and Internet Uses
Network and Internet use at Shorecrest is to support research and education. Its use is to be consistent with Shorecrest's
Honor Code and educational objectives of the school. Use of the school's network and the Internet from any technological
device (school-issued or personal) may be monitored by school officials.
All members of the Shorecrest community shall:
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Be polite in all communications using technological devices. This includes using appropriate language at all times.
Vulgar, abusive, obscene, threatening, discriminatory, disrespectful or harassing language, as defined by the
Headmaster, shall not be tolerated.
Be responsible for all uses of their network accounts (i.e. server, email, blog, etc.)
Use the network for educational purposes at all times.
Use the network to store school-related files only. The network may not be used to store personal photos, music,
video, or game files.
Adhere to all copyright laws and fair use of information policies.
Notify a teacher or administrator if it is suspected that someone else knows your password or might be using your
account.
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Report the discovery of another person's password to a teacher or administrator immediately.
Unacceptable uses of network resources and Internet include, but are not limited to:
 Accessing, submitting, posting, publishing, or displaying any inaccurate, abusive, obscene, profane, sexually
oriented, threatening, racially offensive, harassing, disrespectful, sexually explicit or illegal material.
 Accessing the data or account of another user.
 Erasing, renaming, moving, or making unusable anyone else's files, equipment, or programs. Altering files of
another user is considered vandalism.
 Authorizing anyone else to use your account name(s) or files for any reason.
 Conducting any illegal activities that utilize network resources.
 Accessing resources for gambling, gaming, shopping, trading, etc.
 Using network resources for any commercial purposes, private advertising, or personal hobbies, specifically, but
not limited to: web hosting, game server, chat rooms, etc.
 Downloading copyrighted material for other than legal personal use.
 Posting pictures, videos, or other recordings of another person.
 Posting material authored or created by another without his/her consent.
 Constructing, owning, or contributing to a web site that negatively affects the name of the school or any of its
students, faculty, staff or administration.
 Accessing of anonymous web surfing and proxy web browsers.
 Installing or running any software on the Shorecrest network without authorization by the network administrator(s).
 Changing any settings on technological devices, including but not limited to, dashboards, preferences, control
panels, system components, or configuration files, unless directly supervised by a teacher or administrator.
 Leaving a technological device without logging off from the network.
 Eating or drinking while using a computer or other technological device.
 Removing any peripheral device such as a keyboard, mouse, etc.
Electronic Communication
Electronic communication is the exchange of electronic messages and computer files between computers and/or other
electronic devices that are connected to the Internet or some other computer network. This includes, but is not limited to,
email, texting, chat, and instant messaging systems.
General Electronic Communication Guidelines:
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Sending and receiving electronic communications related to or in support of illegal activities are prohibited and
must be reported to appropriate system administrators.
Recognize that email is not guaranteed to be private. Network administrators have access to all mail. The
inspection by system administrators may be done without the consent of the sender or identified recipient.
Discussing confidential or sensitive information through electronic communication is prohibited except to
counselors, administrators or teachers.
Use appropriate language -- disrespectful, obscene, or inflammatory language, ethnic or racial slurs, and bullying
are prohibited.
Revealing, publicizing, using or reproducing confidential or proprietary information regarding the Shorecrest
community is prohibited.
Transmitting inappropriate pictures, videos or other types of electronic media or software is prohibited.
Using your Shorecrest email for commercial purposes is prohibited.
Sending unsolicited junk mail, chain letters, jokes, advertisements, and messages relating to political lobbying is
prohibited.
Sending electronic communications representing you as another person is prohibited.
Sending electronic communications anonymously is prohibited.
Sending electronic communications that are inconsistent with Shorecrest's Honor Code is prohibited.
Opening unknown emails or email attachments could compromise the school's network and should be avoided.
Forward unknown emails or spam to spam@shorecrest.org.
Web Publishing
Web publishing includes any content that is posted on the Internet to include, but not necessarily be limited to web sites,
blogs, wikis, microblogs, instant messaging programs, podcasts, Moodle, GoogleDocs, VoiceThread, photo storage sites,
and social networking sites. Anything that is placed on the Web for public consumption falls under these guidelines. Any
Internet posting will be for educational, non-commercial use and all postings must have prior approval from teachers or
system administrators.
All members of the Shorecrest community shall:
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Think before posting anything. Content published on the Web is permanent.
Act safely by keeping personal information out of posts. Students will not post or give out family names,
passwords, user names, email addresses, home addresses, phone numbers, school name, city, country or other
information that could help someone locate or contact the student in person. Students may share interests, ideas,
and preferences.
Never log in as another member of the Shorecrest community.
Treat the space as a classroom space. Speech that is inappropriate for class is also inappropriate on the Web.
Students are encouraged to engage in debate and conversations with others; however, they will conduct
themselves in a manner reflective of a representative of Shorecrest Preparatory School. Comments of any kind
will be thoughtful and respectful.
Use Web publishing tools as a forum for expression. However, it is first and foremost a tool for learning, and as
such will sometimes be constrained by the various requirements and rules of classroom teachers. Students are
welcome to post on any school-appropriate subject.
Use Web publishing tools as a vehicle for sharing creative expression with real audiences. Most visitors who
comment will leave respectful, helpful messages. Students who receive uncomfortable or disrespectful comments
will tell a teacher right away. Students will not respond to the comment.
Never construct, own, or contribute to a web site that negatively affects the name of the school or any of its
students, faculty, staff or administration.
Follow copyright laws and fair use practices. Words, photographs, music, video, and all intellectual property
belong to the creator and are protected by copyright. Students will never post the work of others without providing
proper citation.
Follow these guidelines for all school related work, even if conducted at home. It is expected that the student will
use the same standards of behavior when using the Web for personal purposes.
Copyright Guidelines
All members of the Shorecrest community shall:
 Properly document all ideas, insights, materials, and images obtained through research. Ideas and information
are the property of the creator. Using another person's ideas without permission is theft. Plagiarism is taking the
ideas or writings of others and presenting them as your own.
 Follow all copyright rules and regulations. Copyright infringement occurs when one reproduces or copies works
that are protected by copyright. All material on the Internet is considered to be copyrighted unless otherwise
stated.
 Use the Fair Use Guidelines for Educational Multimedia when completing papers, multimedia presentations, or
other school projects.
 Document the use of any image found on the Internet by a URL or citation.
 Follow any additional copyright and fair use policies outlined in the divisional handbooks.
 Use legal software. Users shall not install illegally copied software on any technological device. The use of
illegally copied software is considered a criminal offense.
 Use of any type of computer hacking software, pirated software, or P2P (peer to peer) file sharing software is
prohibited.
Fair Use Guidelines for Educational Multimedia
Educators and students have the right to use copyrighted materials for educational purposes. This is called Fair Use and
was put into law by the Copyright Act of 1976. Fair Use allows the limited use of copyrighted materials without permission
or payment of royalties. Materials subject to copyright include literary works (including software); pictorial, graphic, and
sculptural works; musical works; dramatic works; choreographic works; motion pictures; sound recordings; architectural
works; unpublished works; any work published on the Internet. Whenever you want to use copyrighted materials, consider
the following factors: purpose, nature, amount & sustainability, and potential marketability.
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The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit
educational purposes: the noncommercial educational use is more likely to be a fair use;
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The nature of the copyrighted work: the more factual and less creative the work, the more likely it will be fair use;
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The amount and substantiality of the portion used in relation to the copyrighted work as a whole: the more taken
the less likely to be fair use; and
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The effect of the use upon the potential market for or value of the copyrighted work: in other words, is the use
taking away from the copyright owner money that the she might have been making from the work
Mobile Computing Devices
Shorecrest allows the use of personal mobile computing devices (MCD) as an education tool. Examples of MCD’s
permitted in each division include:
Lower Division (4th Grade Only) – e-readers such as Nooks and Kindles
Middle Division – iPads, e-readers such as Nooks and Kindles
Upper Division – iPads, e-readers such as Nooks and Kindles, Apple laptop computers
The use of MCD’s will be at the discretion of each classroom teacher. Students are expected to follow all guidelines,
written or orally given by school personnel, and to demonstrate responsible and ethical behavior at all times by adhering
to the Shorecrest Honor Code. Shorecrest reserves the right to discontinue this privilege at any time. Shorecrest is not
responsible for the loss, theft or damage of any personally owned devices that are brought to school.
The following general guidelines exist for the use of all MCD’s school-wide:
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Students may not loan their personal device to another student to use.
Charging stations will not be provided. It is up to the student to make sure his/her device is ready for school use
each day.
An appropriate storage case is recommended, and the device should be clearly labeled with the student’s name
and grade.
Only appropriate media can be used for screensavers and background photos.
Sound will be muted during class time unless permission is given otherwise.
An MCD may not be used in locker rooms.
The use of web cameras is prohibited at school unless a teacher explicitly approves such activity in each instance
of use for educational purposes.
Audio and video recording is prohibited at school unless a teacher explicitly approves such activity in each
instance of use for educational purposes.
Shorecrest personnel have the right to examine a student’s MCD at any time for the purpose of verifying that the
content and usage of the device is in compliance with this policy.
Students shall have no expectation of privacy once they have been authorized to use their device on campus.
Lower Division
E-readers such as Nooks and Kindles will be allowed in the fourth grade classrooms. All students bringing e-readers to
school must return a signed consent form, which will include specific guidelines for use.
Middle Division
Each student in the Middle Division is required to sign a Mobile Computing Device Contract as well as attend an
orientation with his/her parent(s) before the MCD can be brought on campus. Students in 5th – 8th grade will only use the
MCD during class instruction time and for educational purposes. MCD are not to be used during break or lunch time.
Consequences for misuse for a MCD in the Middle Division:
1st Offense: The MCD is confiscated from the student and may be picked up at the end of the day in the MD
office. The student also earns a mark.
2nd Offense: The MCD is confiscated from the student and may be picked up at the end of the week in the MD
office. The student earns a lunch detention.
3rd Offense: The privilege of bringing a MCD to school is suspended for the remainder of the year.
Upper Division
Each student in the Upper Division is required to sign a Mobile Computing Device Contract as well as attend an
orientation with his/her parent(s) before the MCD can be brought on campus.
Consequences for misuse for a MCD in the Upper Division:
1st Offense: The MCD is confiscated from the student and may be picked up at the end of the day in the UD office.
The student also earns an infraction.
2nd Offense: The MCD is confiscated from the student may be picked up at the end of the week in the UD office.
The student earns a detention.
3rd Offense: The privilege of bringing a MCD to school is suspended for the remainder of the year.
Cell Phones
Cell phones shall only be used in areas and during times designated by each division. At all other times, cell phones shall
be kept out of sight and turned off. Cell phone use is prohibited in the library and in all locker room areas during school
hours at all times. Cell phones that are seen, heard or used during school hours in non-designated areas shall be
confiscated.
Parents are requested to refrain from calling or texting their child during the school day. Messages may be given to
students through contact with the appropriate division office.