New Mexico School Recording Laws: Students, Parents, and Teacher Rights (2026)

In New Mexico, students and parents may record in-person school conversations they take part in without anyone else's consent, because N.M. Stat. Ann. § 30-12-1 applies only to telephone and telegraph messages and federal law lets a participant record. FERPA separately governs the privacy of student education records held by schools.

Recording in New Mexico schools involves a balance between student privacy, parent rights, school security, and federal education privacy laws. New Mexico's wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications, so a participant can record in-person conversations in school settings without anyone else's consent. Federal law also lets a participant record (18 U.S.C. § 2511(2)(d)), but not a private conversation they are not part of. However, schools can set their own policies, and federal laws like FERPA add additional privacy layers.

This guide covers student recording rights, parent recording at school events and meetings, school surveillance cameras, IEP and special education meeting recording, and the interaction between state and federal law.

Student Recording Rights

Can Students Record in School?

Under New Mexico state law, students can record in-person conversations they participate in without consent from teachers, administrators, or other students. The wiretapping statute does not apply to face-to-face communications.

However, school district policies may restrict recording on campus. Since 2025, New Mexico law has required every school district and charter school to adopt, and post online, a policy on student use of phones, smartwatches, tablets, laptops, and other wireless devices, and that policy may bar use during instructional hours (N.M. Stat. Ann. § 22-1-17). A policy may not bar assistive technology such as speech-to-text, or use that is medically necessary, a disability accommodation, or part of a student's IEP. A 2026 bill for a statewide school-day phone ban (SB 23) did not pass. Common restrictions include:

• No phone or recording device use during class time
• Recording prohibited during tests and examinations
• No recording in locker rooms, bathrooms, or changing areas
• Prior approval required for recording school events

Students who violate school recording policies may face disciplinary consequences (detention, suspension). Breaking a policy is not itself a crime, but some recordings are crimes regardless of school policy, such as recording another person's intimate areas without consent (N.M. Stat. Ann. § 30-9-20).

Recording to Document Bullying

Students who experience bullying may want to record incidents as evidence. Under New Mexico's Safe Schools for All Students Act (N.M. Stat. Ann. § 22-35-3), enacted in 2019, every local school board must adopt and enforce policies to prevent bullying. Recordings can help:

• Document incidents for school administrators
• Support complaints to the school board
• Provide evidence for legal proceedings if bullying rises to criminal conduct
• Create a record of the school's response to reports

Recording for Disability Accommodations

Students with disabilities may have recording accommodations built into their Individualized Education Programs (IEPs) or Section 504 plans. The New Mexico Public Education Department (PED) oversees special education compliance. Common accommodations include:

• Permission to audio record lectures and class discussions
• Use of recording devices as assistive technology
• Note-taking accommodations that include recording

Parent Recording Rights

Recording Conversations with School Staff

Parents can record in-person conversations they take part in with teachers, principals, counselors, and other school staff without the staff member's consent. The state wiretapping statute does not apply to face-to-face conversations, and federal law lets a participant record. Common situations where parents record include:

• Parent-teacher conferences
• Meetings about student discipline
• Conversations about academic concerns
• Discussions about bullying or safety issues
• Enrollment and registration meetings

For phone calls with school staff, one-party consent applies under § 30-12-1, and the parent satisfies the requirement as a participant.

Recording IEP and 504 Meetings

Parents have a strong interest in recording Individualized Education Program (IEP) meetings and Section 504 plan meetings. Federal law under the Individuals with Disabilities Education Act (IDEA) does not give parents a right to record IEP meetings. In guidance published with the IDEA regulations, the U.S. Department of Education said a school district may prohibit or limit audio or video recording of IEP meetings, but must permit it when a recording is needed for the parent to understand the IEP or the IEP process, or to exercise other parental rights, and that state or local policy may allow recording (64 Fed. Reg. 12477, Mar. 12, 1999). That guidance covers IEP meetings; it does not address Section 504 meetings, so check your district's policy for those.

In New Mexico:

• Recording is not a crime under state wiretap law because in-person conversations are not covered by the wiretapping statute, but that does not give you a right to record over a district's objection
• District policies set the rules and may require advance notice or limit recording, subject to the must-permit rule above
• A recording the school makes and keeps becomes part of your child's education record
• Recordings that capture other students' information may be subject to FERPA restrictions on sharing

Best practice: Ask the district in writing before the meeting, and if you need a recording to understand the IEP or the process, say so. This helps maintain a cooperative relationship with the IEP team.

Recording School Board Meetings

School board meetings are public meetings subject to the Open Meetings Act (N.M. Stat. Ann. § 10-15-1). The law requires public bodies to make "reasonable efforts" to accommodate audio and video recording devices. Parents and community members can record open school board sessions.

School Surveillance Cameras

Where Schools Can Place Cameras

New Mexico school districts routinely install surveillance cameras for safety and security. Appropriate locations include:

• Hallways and corridors for monitoring student movement
• Cafeterias and common areas for general safety
• School entrances and exits for visitor management
• Parking lots and bus loading areas for vehicle safety
• Gymnasiums during open hours (not during changing)
• Library and media center areas
• School buses for student conduct monitoring

Where Schools Cannot Place Cameras

No New Mexico statute lists where schools may place cameras, but schools keep them out of areas where students have a reasonable expectation of privacy:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Shower areas
• Nurse's offices during examinations
• Counselor's offices during confidential sessions (may vary by district)

A camera that records students' intimate areas in a bathroom, locker room, or shower area without their knowledge and consent is a crime under N.M. Stat. Ann. § 30-9-20, a fourth degree felony when the victim is under 18, and could expose the school district to civil liability. Cameras in nurse's or counselor's offices raise separate confidentiality concerns under FERPA and school policy, even though they would not independently trigger the voyeurism statute unless they captured a student's intimate areas.

Audio Recording on School Cameras

Some school security systems include audio recording. Since in-person conversations are not covered by New Mexico's wiretapping statute, audio recording in school common areas does not violate state wiretap law. The federal Wiretap Act is different: it bars recording private conversations without a participant's consent (18 U.S.C. § 2511), so audio recording by school cameras is risky anywhere students or staff could reasonably expect to talk privately.

FERPA and Student Privacy

What FERPA Requires

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Under FERPA:

• Schools cannot release education records without parent consent (or student consent if over 18)
• Recordings that become part of a student's education file are protected
• Surveillance footage showing identifiable students may be considered an education record if maintained by the school

How FERPA Affects Recording

• Parent recordings of their own child's meetings are not restricted by FERPA because the parent made the recording
• Sharing recordings that identify other students may raise FERPA concerns
• School surveillance footage requested through public records laws may need to be redacted to protect other students' identities
• Recordings of classroom activities showing multiple students should be handled carefully

Teacher Recording Rights and Restrictions

Can Teachers Record in the Classroom?

Yes. Teachers can record in-person conversations they take part in, in their classrooms, without anyone else's consent under New Mexico and federal law, subject to district policy. This can be useful for:

• Documenting classroom management incidents
• Recording evidence of disruptive behavior
• Self-evaluation and professional development
• Protecting against false accusations

Teacher Surveillance by Schools

School administrators can observe and record in common areas where teachers work. However, constant surveillance of individual teachers may raise labor relations concerns. Teachers' unions may negotiate provisions about surveillance in collective bargaining agreements.

Recording at School Events

Public Events

Parents and attendees can generally record at public school events:

• Graduation ceremonies
• Athletic competitions
• Concerts and performances
• Science fairs and academic competitions
• Open houses and school tours

Event-Specific Restrictions

Some school events may have recording restrictions:

• Standardized testing environments
• Disciplinary hearings (may be closed to the public)
• Confidential student meetings
• Events with copyright-protected performances

Cyberbullying and Digital Recording

New Mexico's anti-bullying law addresses cyberbullying, including the misuse of recordings. Students who record and share embarrassing, harassing, or intimate recordings of other students may face:

• School disciplinary action under the bullying policy
• Criminal charges if the recording constitutes voyeurism or harassment
• Civil liability for invasion of privacy or intentional infliction of emotional distress

The New Mexico Public Education Department provides guidance to districts on addressing cyberbullying.

More New Mexico 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 parents record IEP meetings in New Mexico?

Recording an IEP meeting you attend is not a crime under New Mexico's wiretapping statute, but neither federal nor state law gives parents a general right to record. Under U.S. Department of Education guidance, a district may limit or prohibit recording of IEP meetings but must allow it when the parent needs a recording to understand the IEP or the process. Check your district's policy and ask in writing before the meeting.

Can students record teachers in New Mexico?

Under state law, yes. In-person conversations are not covered by the wiretapping statute. However, school district policies may restrict recording during class, and students who violate these policies may face disciplinary action.

Can schools put cameras in locker rooms in New Mexico?

They should not. Recording students' intimate areas in locker rooms, bathrooms, or changing areas without their knowledge and consent is a crime under N.M. Stat. Ann. § 30-9-20, and a fourth degree felony when the student is under 18. Schools can place cameras in hallways, cafeterias, parking lots, and other common areas.

Can I record a school board meeting in New Mexico?

Yes. School board meetings are subject to the Open Meetings Act, which requires public bodies to make reasonable efforts to accommodate audio and video recording devices. You can generally bring recording equipment to open sessions of school board meetings.

Does FERPA prevent me from recording at my child's school?

FERPA does not prevent you from making recordings. However, recordings that capture other students' identifiable information should be handled carefully when shared. FERPA restricts schools from sharing education records, not parents from making their own recordings.