Recording Conversations in the Classroom: Understanding the Legal Landscape

As a culture, we value the things we can record. Whether by video or audio, the average person is acutely aware and sensitive to what is being recorded and what he or she is recording. Most people might think that this is because we want to catch bad things in the act. Teachers, however, have different concerns with recording conversations in the classroom.

Many teachers record their classroom conversations so that they can use them to improve their lessons by developing an applied linguistics approach to teaching. Applied linguistics in the classroom is about noticing the emergence of language during a conversation and then using the insights gained from the conversation to further improve language development. Should certain behaviors be encouraged or discouraged? Can recorded conversations hold a mirror up to students’ progress?

These questions of teaching are valid to a certain extent, but they bring with them complications. For example, if a teacher uses recordings to confront a student in class about his or her language, the teacher may be criticized for bullying rather than teaching. Meanwhile, with the potential for misinterpretation, the student may feel humiliated and singled out. In addition, the teacher might violate a state law that could lead to criminal or civil penalties.

The issue of whether or not to record conversations in the classroom is not cut-and-dried, leaving teachers to often make assumptions regarding what Massachusetts law has to say on the subject. It is important to know that one party consent is required for most conversations being recorded. Teachers are probably safe in most conversations with their students, as they’re considered a party to most classroom discussions. In most situations, teachers can record their classroom conversations without breaking the law.

However, there are notable exceptions to the law that educators will want to be especially mindful of. For example, it’s illegal to record conversations via video or audio if you’re not a party to the conversation or if the conversation has a reasonable expectation of privacy. This means that you can’t turn on technology in a private office setting with just one particular student if your intention is to record him or her. Also, you can’t record a meeting in addition to just putting it up on your classroom website so that parents can see it. To receive party consent to record those meetings, you would need to gain written consent of an adult or minor.

When teachers do not look at the law, they might end up finding themselves in hot water. One school recently found itself having to pay out more than 1 million dollars to one family who recorded the private conversations of a teacher on special duty, which were then broadcast to students. The families of those students subsequently sued and won. The fact that the administration did not properly explain the law to the teacher caused the school to pay for it.

Linguists and lawyers should meet together to teach a lesson to teachers who infringe on their students’ rights. The concern is that while teachers might violate the laws on recording, students might not be aware of those laws in the first place. According to the comprehensive guide on the legality of recording conversations in Massachusetts, understanding these nuances is crucial for educators.