Digital Smarts - Use of Recording Devices By Students in Schools in Question

The 1st US Circuit Court of Appeals in Boston is expected to take up a case regarding a Maine student's right to carry an audio-recording device in school. The student in question has autism and a neurological syndrome that affects his speech and he cannot talk to his parents about his school day so the family is fighting for the right for him to carry an “always on” recording device to ensure he is being properly treated during the school day. In other states, parents of special education students have secretly placed audio recorders on their children to expose abuse, which have led to firings or settlements. Opponents say though that this raises serious privacy concerns for other students and that it would actually be “disruptive and detrimental” to his education.

Especially now that every cell phone has a recording option, you may be wondering is it legal for a student to record a teacher? That may depend on whether you live in a one party or two party consent state. While federal law allows for recordings as long as one party to the conversation consents (known as "one-party consent"), several states have stricter recording laws. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington all require every party to a conversation to consent to recording (known as "two-party consent"). Most states make illegal recordings a felony. For instance Florida's wiretap law makes illegal recordings a third-degree felony, punishable by up to five years in prison. If you live in a one-party consent state, you (or your children) are probably OK recording a teacher or professor as long as you are present in the class, since you're a party to the conversation and by your action have given your consent to be recording. If you're in a two-party consent state, or are placing a secret recorder on your child, things may get a little trickier. Of course the easiest way to get around the issue may be to let everyone know you are recording, but as these parents in Maine are finding out even that may not satisfy everyone. If you or your children are thinking of doing any kind of recording at school or at college, be sure to check with the institution first.