![]() ![]() In 1994, the IL Eavesdropping Act “defined an ‘eavesdropping device’ to include ‘any device capable of being used to hear or record oral conversations or intercept, retain, or transcribe electronic communications’…” Hat tip to our online community member, Chris, for sharing this – Today, in Queen Anne County schools, Livescribe smart pens are used as instructional technology in classrooms. In Plock (2009), a Court of Appeals ruled on the “conversation” between students and teachers in a special education classroom under the Eavesdropping Act. Any expectations of privacy concerning communications taking place in special education classrooms such as those subject to the proposed audio monitoring in this case are inherently unreasonable and beyond the protection of the Fourth Amendment. There is nothing private about communications which take place in such a setting. A classroom is a public space in which government employees communicate with members of the public. 145, 545 F.Supp.2d 755, 758 (N.D.Ill.2007).Ī classroom in a public school is not the private property of any teacher. Board of Education of Freeport School District No. The decision, which upheld those in two previous cases, was that “teachers have no reasonable expectation of privacy in communicating in their classrooms.”īelow is the Federal District Court ruling in Plock v. Tyson Bennett, a sped lawyer for the school board noted “several cases in which judges have ruled that what transpires in a classroom is not private speech.”īennett did not cite the case, but said, “When an Illinois special education teacher objected to her class being recorded in 2007 the U.S. In this article from 2011 in Queen Anne County, MD, teacher’s found there’s “no such thing as private speech in a public school classroom,” when a teacher brought privacy concerns about using Livescribe pens in special ed classrooms to the School Board. You’ll find more information about this in the blog post Assistive Technology for the Struggling Notetaker at The LiveScribe pen (a digital recording device) is commonly used for this purpose. Many students use assistive technology in class when they need accommodations for listening and note-taking. IDEA 2004 also requires that the IEP team consider a student’s need for assistive technology. If you are a high school student with a disability who has an IEP, the IEP Team is required to consider your unique needs and challenges and write any necessary accommodations in the IEP. Recording a class would be a reasonable accommodation for these students. Many students with disabilities have difficulty with listening, focus, processing, note-taking, etc. In my state, it is illegal to record people without their permission. Is there an exception for students with disabilities who need to record class lectures for education purposes? ![]()
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