Todd K. Hayden VIDEO TAPING ON SCHOOL BUSES: WHAT SHOULD YOU BE CONCERNED ABOUT?

LEGAL AUTHORITY TO RECORD  ILLINOIS EAVESDROPPING ACT  Generally prohibits recording of private interactions unless all parties consent  Exemption for recordings made of the interior of a school bus When bus used for transportation of students To/from school School sponsored activities

LEGAL AUTHORITY TO RECORD  ILLINOIS EAVESDROPPING ACT  Recordings are confidential  School officials and law enforcement personnel only Incidents in or around bus Investigations Disciplinary actions and hearings Juvenile Court proceedings Criminal prosecutions

LEGAL AUTHORITY TO RECORD  ILLINOIS EAVESDROPPING ACT  Schools that install devices must: Adopt Board policy Give notice of policy in student handbook Give notice of policy to parents Post notice on door and inside of bus

LEGAL AUTHORITY TO RECORD  PUBLIC ACT  Amends Illinois Vehicle Code  Requires participating municipality or county  School can install “automated traffic law enforcement system” (ATLES) on school bus To record vehicles that do not stop

LEGAL AUTHORITY TO RECORD  PUBLIC ACT  Municipality or county must adopt ordinance  School Board must approve ATLES District enters contract with vendor District enters IGA with municipality or county  Proceeds split equally  School buses require sign that bus is monitored by ATLES  Notice provided on district and municipal/county websites

STUDENT ISSUES  CONFIDENTIALITY  Eavesdropping Act  confidential records School officials Law enforcement personnel  ISSRA Statutory definition of student record Administrative regulations exclude bus recordings unless: Recording used for particular reason for specific student

STUDENT ISSUES  CONFIDENTIALITY  FERPA Definition of “education record” Bus recording may not “directly relate to a student” unless: Used for particular reason for specific student  If not a student or education record, rely on Eavesdropping Act confidentiality provision

STUDENT ISSUES  DISCLOSURE  Generally not subject to disclosure School officials Law enforcement personnel  If student record under ISSRA: Limited disclosure Parents right to view only if does not personally identify other students District not required to seek or obtain consent of all parents

STUDENT ISSUES  DISCLOSURE  If education record under FERPA: Limited disclosure Parents only view information about their student Letter to Berkeley School District – Dept. of Educ. Parent may inspect tape if no other students pictured No right to view if tape shows another student fighting If record cannot be redacted: District meets obligations by informing parent about content of recording

EMPLOYEE ISSUES  USE OF RECORDING TO DISCIPLINE EMPLOYEES  No general prohibition  Eavesdropping Act School officials  disciplinary actions and hearings Law enforcement  criminal misconduct  TIP: Consider consent/acknowledgment form for employees Gives notice of recording and right to use

EMPLOYEE ISSUES  SPECIAL CONSIDERATIONS – UNIONIZED EMPLOYEES  May use recordings – subject to right to bargain  Negotiate how and when recordings may be used  Unions resist use of recordings for discipline  District should retain broad rights To ensure rules are followed and to discipline when violations shown At minimum for serious misconduct or criminal activity

QUESTIONS? TODD K. HAYDEN