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

2. 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

3. 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

4. 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

5. LEGAL AUTHORITY TO RECORD  PUBLIC ACT 98-0556  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

6. LEGAL AUTHORITY TO RECORD  PUBLIC ACT 98-0556  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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. QUESTIONS? TODD K. HAYDEN 815.722.6560 thayden@robbins-schwartz.com