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I would like to know if students can record teachers without

Customer Question
their consent JA: Because education law...
I would like to know if students can record teachers without their consent
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: I would like to know what is texas position on that
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I would like also to know if children can put explicitly content of teachers on snap chat without teacher's consent during school houre hours
Submitted: 6 months ago.Category: Education Law
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Answered in 1 minute by:
5/9/2017
Education lawyer: Loren, Attorney replied 6 months ago
Loren
Loren, Attorney
Category: Education Law
Satisfied Customers: 34,933
Experience: 30 years experience representing clients.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Education lawyer: Loren, Attorney replied 6 months ago

No state or federal laws directly address a student’s general ability to record classroom instruction, though, there are rules that prohibit recording in certain circumstances. Because there is so little regulation regarding student use of personal technology, to a very great extent it is up to the local school district to determine when and how a student may use their personal device at school.

The Texas Education Code requires parental consent before a student may be taped unless the taping is done for safety purposes or for instructional or extra-curricular purposes. So, the local policy cannot authorize a student’s taping of other students without parent consent except in these circumstances.

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Education lawyer: Loren, Attorney replied 6 months ago

Since Texas is a one-party consent state for recording conversations, it is not a violation of that law if the student is present of the class being taught and recorded. So, the local district rule, if any, would control.

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Customer reply replied 6 months ago
Which are the rules that prohibit recording in certain circumstances?
Can students use snap chat to ridiculize, criticize or vilify teachers during school hours?
Education lawyer: Loren, Attorney replied 6 months ago

The speech is protected under the First Amendment of the Constitution, but the school can have its own disciplinary rules for such behavior and disruptions.

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Education lawyer: Loren, Attorney replied 6 months ago

So, as a general rule, it is not illegal to record a teacher in a class in Texas, but it may be a violation of disciplinary rules within the District and that should be investigated with a call to the Superintendent.

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Education lawyer: Loren, Attorney replied 6 months ago
Did you have further questions? Have I answered your question?
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Education lawyer: Loren, Attorney replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Loren
Loren
Loren, Attorney
Category: Education Law
Satisfied Customers: 34,933
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