September 28, 2010

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Question:

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Ken –

    Our local school district has asked me about recording audio and video on their school buses. They have systems installed that have audio capability and wanted to know about the legality of turning on the audio. I am aware of the restrictions on recording covertly, but was wondering if a school bus presented a special circumstance with regard to “expected privacy”. Thanks….

Paul J. Constantine, Jr.

Cardinal Systems Group, Inc.

North Carolina

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Answer:

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    I believe there are plenty of court decisions holding that students do not give up their privacy rights just because they are students on school grounds, or in this case, school buses.  Although I think that lockers can be searched by school officials.

    However, there is not likely any exception to the general rules for audio interception and recording on school buses.  Here is where you can get a good start on reviewing the law in your state: https://www.kirschenbaumesq.com/avstatutes.htm

    Schools could of course include waivers in their paperwork when students sign up for busing.  As the installer of the equipment you need to check your state law because some states include the installer or owner of the equipment in addition to the user, when assessing criminal liability.