Wisconsin
Wisconsin School Recording Laws: Student, Parent, and Teacher Rights (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content
Wisconsin is a one-party consent state under Wis. Stat. 968.31, so any student or parent who takes part in a school conversation may record it without notifying others, unless the recording is made to commit a crime, a tort, or another injurious act. Since July 1, 2026, every school board must have a policy barring students from using personal devices during instructional time, districts can set further recording rules, and violating those policies is disciplinary rather than criminal. FERPA governs school records but does not bar parents or students from making their own recordings.
Recording in Wisconsin schools involves a balance between the state's one-party consent wiretapping law, federal student privacy regulations, and school district policies. This guide covers Wisconsin recording law for K-12 schools, school board meetings, special education meetings, and campus security.
Wisconsin Recording Law in Schools
One-Party Consent Applies
Wisconsin is a one-party consent state under Wis. Stat. 968.31. Participants in conversations can record without informing others, unless the recording is made for the purpose of committing a crime, a tort, or any other injurious act. A recording made for such a purpose falls outside the exception and can be a Class H felony. This rule applies to students, parents, teachers, and administrators alike.
School Policies vs. State Law
School districts can set device and recording policies, and state law now requires one. Under 2025 Wisconsin Act 42 (Wis. Stat. 120.12(29)), every school board had to adopt a policy by July 1, 2026 that bars students from using personal wireless devices, such as phones, tablets, laptops, and gaming devices, during instructional time. The policy must include exceptions for emergencies or perceived threats, managing a student's health care, uses written into an IEP or 504 plan, and teacher-authorized educational use. A board may let staff confiscate a device for the rest of the school day and may adopt stricter rules.
Violating policy is disciplinary, not criminal.
Recording at School Board Meetings
Wisconsin Open Meetings Law
Wisconsin's Open Meetings Law (Wis. Stat. 19.81 et seq.) requires public bodies including school boards to conduct business in open meetings. The statute specifically requires that meetings be held in places "reasonably accessible" to the public. The public can attend, and the law addresses recording directly: under Wis. Stat. 19.90, whenever a body meets in open session it "shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting." That section does not permit recording in a manner that interferes with the conduct of the meeting or the rights of the participants.
Recording IEP Meetings
Recording an IEP meeting you attend is not a crime under Wisconsin's one-party consent law, but that law does not give you a right to record over the school's objection. IDEA itself does not address recording. Federal guidance published with the 1999 IDEA Part B regulations (Appendix A, Question 21) says a public agency may prohibit or limit audio or video recording of IEP meetings, but must permit it when recording is needed for the parent to understand the IEP or the IEP process, and state or local policy may allow it. The Wisconsin Department of Public Instruction (DPI) oversees special education in Wisconsin.
DPI Guidance
DPI applies the federal rule in its special education complaint decisions. In IDEA Complaint Decision 24-139, DPI said parents may record IEP meetings to the extent state law and district policies permit, that districts must make exceptions when needed for parents to understand the IEP, and that a district "is not required to agree with parent requests but may not simply deny a parent's request related to their ability to meaningfully participate without any discussion or consideration of other ways to address the parent's needs." It ordered the district to consider the request and, if it refused, to give the parent prior written notice of the decision and its reasons.
A parent who attends the meeting commits no crime under Wis. Stat. 968.31 by recording it. The safe course is to ask the district in advance and in writing, explain why you need the recording, and check your district's policy.
Student Recording Rights
Recording a conversation a student takes part in is not a crime unless it is made to commit a crime, a tort, or another injurious act, but the required state policy bars personal device use during instructional time, and other school policies may restrict devices further. Students needing recording as a Section 504 or IDEA accommodation have additional protections.
Security Cameras in Schools
Wisconsin schools can install cameras in hallways, entrances, parking lots, and common areas. Restrooms, locker rooms, and changing areas are different. Wisconsin's invasion of privacy statute (Wis. Stat. 942.08) makes it a crime to install or use a surveillance device in a private place specifically with the intent to observe a nude or partially nude person without consent, which is why schools keep cameras out of restrooms, locker rooms, and changing areas. That offense is a Class I felony when the person observed is under 18.
Separately, Wis. Stat. 942.09 makes it a felony to capture an intimate image of someone, such as an image of a nude or partially nude person, without consent where the person has a reasonable expectation of privacy, if the person capturing it knows or has reason to know there is no consent (a Class H felony when the person depicted is under 18). Wis. Stat. 175.22 also requires anyone who owns or operates a locker room, including a school, to adopt a written policy on which recording devices may be used there, and that policy must bar using a cell phone to capture images of nude or partially nude people.
FERPA and Recording
FERPA governs school handling of education records. It does not restrict parents or students from making their own recordings.
Recording School Events
School events open to the public can generally be recorded. Schools may set reasonable restrictions on equipment and commercial use.
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Frequently Asked Questions
Can I record my child's IEP meeting in Wisconsin?
Recording an IEP meeting you attend is not a crime under Wisconsin's one-party consent law (Wis. Stat. 968.31), but that law does not give you a right to record over the school's objection. Federal special education guidance lets a district limit or prohibit recording of IEP meetings unless recording is needed for you to understand the IEP or the process, and Wisconsin DPI has ruled that a district may not refuse a recording request tied to your ability to participate without considering it and explaining its decision in writing. Ask the district in advance and in writing, and explain why you need the recording.
Can a student record a teacher in Wisconsin?
Recording a conversation the student takes part in is not a crime under Wisconsin's one-party consent law, unless it is made to commit a crime, a tort, or another injurious act. But every school board must have a policy barring students from using personal devices during instructional time (Wis. Stat. 120.12(29)), so recording a teacher during class can break school rules. Violating policy is disciplinary, not criminal.
Can I record a school board meeting?
Yes. Wisconsin's Open Meetings Law requires school board meetings to be open and reasonably accessible to the public, and Wis. Stat. 19.90 requires the board to make a reasonable effort to accommodate anyone who wants to record, film, or photograph an open session, as long as the recording does not interfere with the meeting or the rights of participants.
Can schools put cameras in classrooms?
Often, yes, subject to district policy. Wisconsin's camera-related privacy crimes target observing or capturing nude or partially nude people and other intimate images where people expect privacy, and recording under a person's clothing anywhere, not ordinary classroom cameras, so whether a district uses classroom cameras, and what notice it gives, is set by the school board's own policy. The 2025 device law (2025 Wisconsin Act 42, Wis. Stat. 120.12(29)) limits students' own phones and other devices during instructional time; it does not regulate school-installed cameras. A camera that also records sound can raise separate questions under the wiretap law, Wis. Stat. 968.31. Restrooms, locker rooms, and changing areas are different. Because the people there are usually under 18, installing or using a camera in a private place with intent to observe a nude or partially nude student without consent is a Class I felony (Wis. Stat. 942.08(4)), and capturing an intimate image of a student without consent where the student has a reasonable expectation of privacy, knowing or having reason to know there is no consent, is a Class H felony (Wis. Stat. 942.09(2)(dr)). Any school that operates a locker room must also have a written recording-device policy for it (Wis. Stat. 175.22).
Does FERPA prevent recording at school?
No. FERPA governs school records, not parent or student recording.
Updates
Added the purpose limit to the statements that students may record their own conversations (not if made to commit a crime, a tort, or another injurious act) and described Wisconsin's camera privacy crimes more completely.
We corrected the page to explain that one-party consent does not give parents a right to record IEP meetings over a district's objection and how federal guidance and Wisconsin DPI decision 24-139 handle recording requests, that the one-party exception does not cover recordings made to commit a crime, tort, or other injurious act, that the Open Meetings Law (Wis. Stat. 19.90) addresses recording directly, that 2025 Wisconsin Act 42 requires every school board to bar student device use during instructional time, and that school restroom and locker-room camera offenses are felonies when the victim is a minor. We rewrote the classroom-camera FAQ and the security-camera section to remove a flat location ban no Wisconsin statute contains, lead with the under-18 felony tiers of Wis. Stat. 942.08(4) and 942.09, and explain that classroom cameras are a district-policy matter while the 2025 device law covers only students' own devices.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added the required intent-to-observe-nudity element to the 942.08 camera-placement claim in the body and FAQ, and corrected an unsupported claim that Wisconsin DPI has published guidance recognizing a parent's right to record IEP meetings; that right flows from the state's one-party consent law, and no such DPI guidance could be located.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected a fabricated statutory quote: Wis. Stat. 19.81 requires open meetings to be held in places "reasonably accessible" to the public, but does not itself state that recording cannot be prohibited; the same overstated claim was also corrected in the KeyTakeaways and FAQ sections.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 968: Commencement Of Criminal Proceedings
§ 968.31Interception and disclosure of wire, electronic or oral communications prohibited.In forcecited in 22 of our articles
(1) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section is guilty of a Class H felony: (a) Intentionally intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept, any wire, electronic or oral communication. (b) Intentionally uses, attempts to use or procures any other person to use or attempt to use any electronic, mechanical or other device to intercept any oral communication. (c) Discloses, or attempts to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section or under circumstances constituting violation of this section. (d) Uses, or attempts to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section or under circumstances constituting violation of this section.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Maloney held recordings made with one party's prior consent fall under Section 968.31(2)(b) and (c), and that aiding a police sting is not an "injurious act." State v. Gilmore pointed to 968.31(2m) damages and 968.31(1)(e) penalties, reserving suppression for illegal interceptions.
Opinions citing this section in our collection:
- State v. Maloney (Wisconsin Supreme Court 2005, 281 Wis. 2d 595)✓A homicide suspect's girlfriend let police record her hotel room conversations with him in Las Vegas; the court held the videotapes lawful under 968.31(2)(b) and (c) because she was a consenting party, and that helping a lawful sting is not an injurious act.
- State v. Popenhagen (Wisconsin Supreme Court 2008, 309 Wis. 2d 601)“…Arnold, 51 Wis.2d at 442 , 187 N.W.2d 354 (citing Wis. Stat. § 968.31 (2)(b)). However, in considering all th…”
- State v. Gilmore (Wisconsin Supreme Court 1996, 201 Wis. 2d 820)✓Prosecutors filed a public complaint quoting 27 pages of lawfully wiretapped calls; the court held the unsealed filing violated the surveillance law but refused suppression, pointing to the civil action in 968.31(2m) and the criminal penalty in 968.31(1)(e) as the remedies.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Smart Glasses Recording Laws, US Recording Laws by State (2026): All 50 States Explained, One-Party Consent States: Complete 2026 Guide
Wisconsin Statutes, Chapter 19: General Duties Of Public Officials
§ 19.81Declaration of policy.In forcecited in 3 of our articles
(1) In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. (2) To implement and ensure the public policy herein expressed, all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law. (3) In conformance with article IV, section 10, of the constitution, which states that the doors of each house shall remain open, except when the public welfare requires secrecy, it is declared to be the intent of the legislature to comply to the fullest extent with this subchapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Laws on Recording in Public: Filming, Photography, and Privacy (2026), Wisconsin Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026)
Wisconsin Statutes, Chapter 942: Crimes Against Reputation, Privacy And Civil Liberties
§ 942.08Invasion of privacy.In forcecited in 13 of our articles
(1) In this section: (a) “Nude or partially nude person” means any human being who has less than fully and opaquely covered genitals, pubic area or buttocks, any female human being who has less than a fully opaque covering over any portion of a breast below the top of the nipple, or any male human being with covered genitals in a discernibly turgid state. (b) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent. (c) “Surveillance device” means any device, instrument, apparatus, implement, mechanism or contrivance used, designed to be used to observe, or capable of observing, the activities of a person. “Surveillance device” includes a peephole. (2) Except as provided in sub. (4), whoever does any of the following is guilty of a Class A misdemeanor: (a) Knowingly installs a surveillance device in any private place, or uses a surveillance device to observe in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Wisconsin courts have applied Wis. Stat. 942.08 to hidden surveillance of nudity. Gillund v. Meridian Mutual Insurance (2009) concluded that secretly videotaping a houseguest violated 942.08(2) and that, unlike the civil privacy statute, it requires specific intent. State v. Jahnke (2008) described 942.08 as addressing live viewing.
Opinions citing this section in our collection:
- Gillund v. Meridian Mutual Insurance (Court of Appeals of Wisconsin 2009, 323 Wis. 2d 1)✓An uncle secretly videotaped his niece undressed in his home; applying Wis. Stat. 942.08(2) (1999-2000), the court held his admitted conduct violated the criminal invasion of privacy statute even though he was never convicted, so the penal-law exclusion barred coverage.
- State v. Culver (Court of Appeals of Wisconsin 2018, 384 Wis. 2d 222)✓Convicted of posting nude photos of a woman online, Culver attacked the definition of "nude or partially nude person" that the post-or-publish statute borrows from Wis. Stat. 942.08(1)(a); the court declined to analyze it in detail and said it reasonably tracked common usage.
- State v. Jahnke (Court of Appeals of Wisconsin 2008, 316 Wis. 2d 324)“…nces. As the State points out, at least one other statute, Wis. Stat. § 942.08 , our "Peeping Tom" law, addresses live…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Recording Laws (2026): One-Party Consent Rules, Wisconsin Landlord-Tenant Recording Laws: Cameras, Surveillance, and Privacy (2026), Wisconsin Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026)
Sources and References
- Wis. Stat. 968.31 - Interception of Communications(docs.legis.wisconsin.gov).gov
- Wis. Stat. 19.81 - Open Meetings Law(docs.legis.wisconsin.gov).gov
- FERPA - U.S. Department of Education(studentprivacy.ed.gov).gov
- IDEA - Individuals with Disabilities Education Act(sites.ed.gov).gov
- Wisconsin Department of Public Instruction(dpi.wi.gov).gov