Delaine Eastin Elementary School

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Some questions have come up across the district about the legality of recording school Zoom sessions. It is important to know it is illegal to record class instruction without the consent of the classroom teacher and the principal. There are two different education codes that address recording class instruction.

Education Code 51512 states in part:
The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor. Any pupil violating this section shall be subject to appropriate disciplinary action.

In addition, Senate Bill 820, which was recently signed, amended Education Code 43503 to address circumstances in Distance Learning. Education Code 43503, Section 6, subsection d(2) reads:
Except as required by the local educational agency for purposes of distance learning provided pursuant to this section, no person may make, without the prior consent of the teacher and principal of the school, any audio, video, or digital recording of a local educational agency’s live or synchronous distance learning instruction.
 
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It is the responsibility of the New Haven Unified School District to locate any child in the district who may have a disability, regardless of the severity of the disability. It is also the responsibility of the New Haven Unified School District to evaluate those students to determine if they are eligible for special education or related services under IDEA (Individuals with Disabilities Education Act). 
 
If you suspect that your child, at any age, may need an evaluation to determine eligibility for special education services, you may request an evaluation, at no cost, at your child’s school. Please contact the Principal at your child’s school for information about referring your child for an evaluation.