Recording conversations, phone calls

Have you ever wanted to record an IEP* or other meeting with a school official (teacher, department head, principal, administrator)?

Have you taken a tape-recorder or digital recorder to a meeting? Were you ever told you could not record the meeting, such as an IEP?

Can you record the meeting without telling the other person or persons?

The answer is Yes.

South Carolina is a one-party consent state. At least one party must know that the conversation (phone or in-person) is being recorded. If you are recording it, then you are that "one person".

If I am in the meeting with you and am participating (for example, as an advocate for your child in his IEP), then I can record the conversation.

However, if you and a school employee (or any other person) are speaking by telephone and I'm listening in (and they don't know it), then I cannot record the conversation without the permission of at least one person; e.g., you. If I fail to get the consent of at least one person, then I'm committing a felony. And that won't look good on my resume.

Personally, I think it's a good idea to inform all that the meeting (or phone call) is being recorded. If the other person doesn't want to be recorded, he can leave. Or not speak. I don't like being sneaky. I encourage you not to like it, either.

* IEP is Individualized Education Plan