Indiana School Recording Laws: Student Privacy, FERPA, and Parent Rights

Recording a conversation you take part in is not a crime in Indiana: the state wiretap law (IC 35-33.5) lets a party record phone calls, and federal law (18 U.S.C. 2511(2)(d)) lets a participant record in-person school meetings such as IEP conferences and disciplinary hearings without notifying the others. That is not a right to record over a school's objection, and Indiana law bars student phone use for the whole school day. Federal FERPA rules separately govern how schools must protect student education records.

Recording in Indiana schools involves a complex intersection of state wiretapping law, federal student privacy protections, school district policies, and parental rights. This guide covers what parents, students, teachers, and administrators need to know about recording conversations, using surveillance cameras, and navigating FERPA requirements in Indiana's educational settings.

Parent Recording Rights

Recording Conversations With School Staff

Parents may legally record any conversation they participate in without informing the other parties. For phone calls, Indiana's wiretap law (IC 35-33.5-5) allows any party to record. Indiana's wiretap law does not cover face-to-face conversations, and federal law (18 U.S.C. 2511(2)(d)) lets a participant record those. This applies to:

• Parent-teacher conferences. You can record your meeting with your child's teacher.
• Meetings with principals and administrators. Discussions about disciplinary actions, academic concerns, or school policies.
• Phone calls with school staff. Conversations with teachers, counselors, or administrators over the phone.
• Interactions with school board members. Discussions at or around public school board meetings.

You do not need to announce that you are recording for the recording to be legal. That does not stop a school from setting rules about recording on its property or in its meetings: staff can ask you to stop, decline to continue a meeting, or apply district policy.

Recording IEP Meetings

The Individuals with Disabilities Education Act (IDEA) guarantees parents the right to participate in all Individualized Education Program (IEP) meetings. No Indiana or federal statute makes it a crime for a parent to record an IEP meeting the parent attends, but whether the school must allow the recording is a separate question.

Key considerations for recording IEP meetings:

• Recording is not a crime. As a participant in an in-person meeting, you may record it under federal law (18 U.S.C. 2511(2)(d)); Indiana's wiretap law does not cover face-to-face meetings.
• Federal guidance. The IDEA gives parents no right to record. The U.S. Department of Education's 1999 IDEA guidance (Appendix A, Question 21, 64 FR 12477) says no federal statute authorizes or prohibits recording IEP meetings, so a state or school may require, prohibit, limit, or otherwise regulate it. A policy that prohibits or limits recording must allow exceptions when recording is necessary for the parent to understand the IEP or the IEP process, or to exercise other parental rights.
• School district policies. Some Indiana school districts require advance notice before recording IEP meetings, or limit recording. Such a policy cannot make a participant's recording a crime, but the school can enforce it at the meeting, subject to the exceptions the federal guidance requires.
• Best practice. Tell the school in advance that you plan to record. If it refuses, ask for the refusal in writing and for an explanation of how it will make sure you can follow the meeting. If the school records the meeting and keeps the recording, it is an education record you can inspect under FERPA.

Parents who record IEP meetings should preserve the recordings as potential evidence of what the school agreed to provide, timelines for services, and discussions about the child's needs.

Recording Disciplinary Hearings

Parents attending disciplinary hearings for their child can usually record the proceedings without committing a crime, because a participant may record an in-person meeting under federal law, though the school may set rules for its hearings. This can be valuable for:

• Documenting what evidence the school presents
• Preserving the school's stated reasons for disciplinary action
• Creating a record for potential appeals or legal challenges
• Ensuring that proper procedures were followed

Student Recording Rights

Students Recording in School

A student who records a conversation they take part in does not commit a crime, because a participant may record under federal law (in person) and under Indiana's wiretap law (phone calls). However, student recording at school is heavily regulated by state law and school policy:

• Statewide phone ban. IC 20-26-5-40.7 requires every school corporation and charter school to adopt a policy barring students from using phones, tablets, laptops, gaming devices, and connected smartwatches during the school day, either by keeping devices out of school or by requiring them to be stored away, powered off, and inaccessible. Exceptions cover IEP and Section 504 plans, documented medical conditions, emergencies, and language translation, and teacher-directed classwork may use a school-supplied device (or, until July 1, 2028, a school-approved device where the school supplies none).
• Audio note-taking devices. A 2026 amendment lets a student use an unobtrusive, audio-only recording device for personal note-taking if it captures no images or video and stays visible to the teacher, though schools may restrict where and when it is used. A student who records on a phone in violation of the policy faces school discipline even though the recording itself is not a crime.
• Classroom recording. Districts may prohibit recording during class instruction. Violating this policy can result in confiscation of the device, detention, suspension, or other consequences.
• Recording other students. While a student can legally record a conversation they participate in, recording other students raises FERPA and privacy concerns that schools may address through policy.

Students With Disabilities

Students with disabilities or their parents may need to record school interactions for purposes related to the child's educational plan. Under Section 504 of the Rehabilitation Act and IDEA, schools must provide accommodations. If recording is identified as a necessary accommodation (for example, for a student who needs to replay class lectures due to a processing disorder), the school may be required to permit it.

School Security Cameras

Where Schools Can Place Cameras

Indiana school districts can install video surveillance cameras in areas where students, staff, and visitors do not have a reasonable expectation of privacy:

• Building entrances and exits. Monitoring who enters and leaves the building.
• Hallways and corridors. Surveillance of common areas between classrooms.
• Cafeterias and lunch areas. Monitoring during meal times.
• Parking lots and bus loading areas. Vehicle and pedestrian safety monitoring.
• Gymnasiums and auditoriums (during non-changing activities).
• Playgrounds and outdoor common areas.
• Libraries and media centers.

Where Schools Cannot Place Cameras

Schools should not place cameras in areas where students and staff have a reasonable expectation of privacy:

• Bathrooms and restrooms. Using a camera to watch or record people here without consent is voyeurism under IC 35-45-4-5.
• Locker rooms and changing areas. The same voyeurism law covers any area where people can be expected to undress.
• Shower facilities. Covered by the same law; keep cameras out of these areas entirely.
• School nurse offices (during examinations).
• Counseling rooms where students have confidential sessions.

Placing a camera in a restroom, shower, locker room, or other area where occupants can reasonably be expected to disrobe is not just a policy violation but can be a criminal offense under Indiana's voyeurism statute, carrying penalties from a Class B misdemeanor to a Level 6 felony. A nurse's office can fall within that statute when students may disrobe for an examination; counseling rooms are a privacy and policy concern, but the voyeurism statute does not name them.

Audio Recording Through School Cameras

Indiana's wiretap chapter reaches only communications transmitted by wire, radio, or a similar system (IC 35-31.5-2-110), so it does not cover in-person oral conversation. A security camera microphone capturing face-to-face speech in a hallway is therefore outside the Indiana wiretap statute. The federal Wiretap Act (18 U.S.C. 2511) can still apply when a microphone records private conversations, such as in a counselor's office, without the consent of anyone taking part, and recording in areas where people can reasonably be expected to disrobe can trigger other statutes such as the voyeurism provision at IC 35-45-4-5. Schools should:

• Disable audio on cameras in sensitive areas (counseling rooms, nurse offices, private meeting rooms) where privacy expectations are higher
• Post signage wherever audio capture is enabled
• Consult legal counsel before enabling audio on any school camera system

FERPA and Student Privacy

What FERPA Protects

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA applies to all schools that receive funding from the U.S. Department of Education, which includes virtually all public schools in Indiana.

FERPA protects:

• Student grades and transcripts
• Disciplinary records
• Health and medical records maintained by the school
• Special education records and IEP documents
• Directory information (name, address, phone, date of birth) subject to opt-out rights

FERPA and Video Surveillance

The U.S. Department of Education has provided guidance on photos and videos under FERPA. Key points:

• Security camera footage that captures a student is generally not an education record unless it is maintained by the school in the student's file or is used in a disciplinary proceeding.
• Footage used in discipline. If a school uses security camera footage as part of a student's disciplinary record, the footage becomes an education record subject to FERPA protections. The student's parents have the right to inspect the footage under FERPA.
• Sharing footage. Schools cannot share video footage that identifies students with third parties (including media, other parents, or social media) without parent consent, except in specific FERPA exceptions (such as health and safety emergencies).

Parent Access to Recordings

Under FERPA, parents of students under 18 have the right to inspect their child's education records. If a recording (video or audio) is maintained as part of the student's record, parents can request access to it. Schools must respond to such requests within 45 days.

Teacher and Staff Recording Rights

Teachers Recording Students

Teachers and school staff can legally record conversations they participate in, under Indiana's wiretap law for phone calls and federal law for in-person conversations. However, school district policies may restrict recording:

• Some districts require administrative approval before recording students
• Recording students for disciplinary purposes should follow district protocols
• Recordings of students that become part of education records are subject to FERPA

Classroom Recording for Educational Purposes

Some teachers record lessons for:

• Students who are absent
• Online or hybrid learning platforms
• Professional development review
• Flipped classroom models

These recordings may need to comply with FERPA if they capture identifiable student images or voices. Many districts have media consent forms that parents sign at the beginning of the school year addressing this issue.

School Board Meetings

Your Right to Record

School board meetings for boards with elected members are public meetings under Indiana's Open Door Law (IC 5-14-1.5). You can attend and record these meetings. As of July 1, 2025, IC 5-14-1.5-2.9, added by HEA 1167 (Public Law 127-2023), requires school boards with elected members to livestream their public meetings and keep the recording available to the public for at least 90 days.

Executive Sessions

School boards may hold executive sessions (closed meetings) for limited purposes under the Open Door Law, such as discussing personnel matters or pending litigation. The public is not admitted to executive sessions.

Recording School Events

Public Events

School events that are open to the public, such as concerts, plays, sporting events, and graduation ceremonies, can generally be recorded by attendees. However:

• Schools may restrict professional recording equipment
• Some events may have specific recording policies
• Recordings that capture identifiable students may be subject to FERPA considerations if shared publicly

Consent Forms and Media Releases

Most Indiana school districts send home annual media consent forms at the start of the school year. These forms typically cover:

• Photography and video recording by the school
• Use of student images on the school website and social media
• Media coverage of school events
• Recording of class activities for educational purposes

Parents who do not want their child recorded should opt out through these forms. Schools should respect opt-out decisions when possible.

More Indiana Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Can I record an IEP meeting in Indiana?

Recording an IEP meeting you attend is not a crime in Indiana, because a participant may record an in-person meeting under federal law (18 U.S.C. 2511(2)(d)). That is not a right to record over the school's objection. Federal IDEA guidance (64 FR 12477) lets a school prohibit or limit recording of IEP meetings, but its policy must allow exceptions when recording is necessary for the parent to understand the IEP or the IEP process. Check your district's policy, tell the school in advance that you plan to record, and if the school refuses, ask for the refusal in writing and for an explanation of how it will make sure you can follow the meeting.

Can my child record their teacher in Indiana?

Recording a conversation the student takes part in is not a crime. But Indiana law (IC 20-26-5-40.7) requires every public school corporation and charter school to bar student use of phones and other wireless devices for the whole school day (teacher-directed classwork on school-supplied devices aside), with exceptions for IEP or Section 504 plans, documented medical needs, emergencies, and language translation. A 2026 amendment allows a visible, audio-only note-taking recorder, subject to school rules. Recording a teacher on a phone in violation of the policy can lead to school discipline even though the recording is not a crime.

Can schools put cameras in bathrooms or locker rooms?

No. Using a camera to watch or record people in bathrooms, locker rooms, changing areas, or showers without their consent is voyeurism under IC 35-45-4-5, a Level 6 felony when a camera is used. This is a criminal offense, not just a policy violation, and schools should keep cameras out of these areas entirely. Schools can install cameras in hallways, cafeterias, parking lots, and other common areas.

Can I get a copy of school security camera footage?

If the footage is part of your child's education record (such as footage used in a disciplinary proceeding), you have a right to inspect it under FERPA. Routine surveillance footage that is not maintained as an education record may not be subject to FERPA access rights. Contact the school's administration to make a request.

Can a teacher record students for online classes?

Teachers can record lessons, but recordings that capture identifiable students may be subject to FERPA. Most districts use annual media consent forms to address this. Teachers should follow district policies and use platforms that comply with student privacy requirements.

Can I record a school board meeting in Indiana?

Yes. School board meetings for boards with elected members are public meetings under Indiana's Open Door Law. You can attend and record them. As of July 2025, these boards must also livestream and archive meetings for at least 90 days.