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 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

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

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. HAYDEN815.722.6560

thayden@robbins-schwartz.com