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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Friday
Jan152010

Educators - Expect to be Recorded

A controversy has erupted in Mississippi over the recording of school board meetings. I've posted on this before at the behest of Wes Fryer, so I'll just refer you to that (although I should probably do an extended version for School Boards Journal or something). 

Bottom line: if the recording is not disruptive and the content of the meeting is not private, go for it and don't feel like you need to hide the camera. I don't know Mississippi law, but that is the most likely outcome in this case as well. 

This is 2010. Devices that can record video and audio are everywhere (this is my favorite) and, frankly, if you are a school board member you should expect to be recorded - even in rural Mississippi. In fact, there are a slew of school boards doing their own recording (why not save folks the trouble and help get your message out? Your students would probably love to do it for you!). 

If you are a teacher, you should expect to be recorded.

If you are a principal, you should expect to be recorded

If you are a professor, you should expect to be recorded

It's just the world we live in. Get used to it. 

Reader Comments (4)

What is the law about recording audio or video in a public forum? When do you have to announce that you are recording? We have heard in schools in the past that there is a # of people requirement for it to be considered a "public" forum.

January 15, 2010 | Unregistered CommenterMarty Park

I've not heard of a number in Kentucky Marty, other than a quorum for the meeting to be official (i.e. it's not a meeting if there is not a quorum - and no business can be conducted anyway). A quorum would be 3 for a 5 member board and 4 for a 7 member board. But, even then, if 2 board members were openly talking in a public space like a district office foyer, it could probably be recorded (although they would probably be ticked).

Don't think you have to announce you are recording (but don't hide it). Just publicly hold your camera or audio recorder. This decision in Kentucky, Marty, is great precedence saying that SBDM's must allow recording: http://bit.ly/65hT3c

Also, this is helpful if your folks have questions: http://bit.ly/5IlGJN - It doesn't address these questions directly, but provides a nice overview.

January 15, 2010 | Unregistered CommenterJustin B.

In IL all school districts audio record our closed session minutes. Some show their open session via local TV, however, my district does not. Our closed session minutes that are recorded can only be listened to by a judge in order to determine if the Open Meetings Act was violated. Otherwise, nobody may listen to the recordings.

January 16, 2010 | Unregistered CommenterDan Cox

My students and I all use the livescribe smartpen which records ALL audio + what you write. I know a number of teachers that do not want the devices used in their room and my response is always the same, "What do you say that you dont want recorded?"

I think it keeps me on my A game

January 19, 2010 | Unregistered CommenterBrian
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