Yes, AngelSense and other GPS tracking devices are legal, period. Recently, a law was even passed, Kevin and Avonte`s Law, to prevent stray tragedies by providing funds to support the development of tracking devices such as AngelSense. Ultimately, if you are the legal guardian of a child under the age of 18, you have the legal right. The unresolved nature of these laws and legal issues naturally makes schools cautious when asked to allow audio recordings or transmission of the school environment. If there`s still a problem, we`ve added a feature to automatically disable one or both of our language features during school hours to fully comply with privacy regulations in stricter schools. Our School Liaison Officers have experience working with schools and parents to deal with school-related issues, they are there to ensure AngelSense complies with school rules and regulations, speak to the school and district administration, provide forms and even have a sample medical certificate to help you if a problem arises with your school. This is not something most parents with typical children need to worry about, although there are cases when these children have trouble sleeping, for example, where a tracking device could provide additional protection. It`s also normal for parents to worry about their child going to school alone and wants to have the peace of mind that they did it safely. The question of whether or not someone should use a GPS tracker for kids is a hot topic that is separate from whether or not it is legal.
This article is intended to provide general information with comments. It should not be used as legal advice. If necessary, legal advice on this matter should be obtained from the district legal counsel. Any questions? Send us your contact information to [email protected] and one of the customer service experts will be happy to answer your questions or concerns. In addition to concerns about illegal recording, the device raises concerns about students` privacy. We strongly recommend that the district establish acceptable parameters for such use when a parent asks permission to use a GPS tracking device at school. Problematic device functions may be limited during school hours and/or completely removed from the device`s maintenance plan. In addition, the AngelSense device can be configured to add school managers to the notification system when the device`s “List In” feature is enabled and used.
To achieve this goal, the primary tutor is asked to add one or more school officials “school guardians” to the account. The school guardian can then log in to the app with their own credentials and access the school dashboard. It is generally not legal to sue an adult without knowing it or without consent. However, consent is not required to give adults permission to sue their child. As a legal guardian, you can be grandparents, teachers, therapists, babysitters, law enforcement, etc. Allow access to your child`s location and GPS tracking information. The school was likely motivated by the same legal concerns that most school districts would identify if they were faced with this type of demand. What is it? When used by a parent or guardian to whom access is granted, AngelSense complies with all privacy policies and laws, including HIPAA. There have been questions about the use of the list feature in the few states with strict laws prohibiting the recording of conversations without consent, such as California and Nevada.
However, AngelSense does not have the ability to record conversations and therefore adheres to these laws. In addition, current language plans include only 60 minutes per month for emergency situations, the device is usually worn in a suitcase and under clothing that limits range, and it can be deactivated during school hours to comply with certain school regulations. However, the use of the device in school environments is not without its worries. The AngelSense device and other similar devices pose legal problems for school districts. Pennsylvania`s wiretap law prohibits the “interception” of private conversations with an “electronic, mechanical, or other device” unless all participants consent to the recording. Without this consent, the recording of an otherwise private conversation constitutes an unlawful interception of a conversation that constitutes a criminal offence. Pennsylvania is a “bipartisan consent state” that criminalizes the interception or recording of a phone call or conversation unless all parties to the conversation agree. Caution should be exercised before recording a private conversation in Pennsylvania. The Wiretapping and Electronic Surveillance Control Act criminalizes in the third degree that a person intentionally intercepts or attempts to intercept “any wireline or oral communication.” 18 Pa.C.S.
§ 5703 (1). Without the express consent of the participants, such registration is illegal. This applies whether the conversation is recorded on surveillance video, tape recorder, smartphone app or GPS tracking device. Parents who don`t have to deal with the serious security issues that so many others face every day can never fully understand the importance of using a device like AngelSense. The ability of a third party to listen to another conversation without their consent is a privacy issue. Some states require the consent of all parties to a conversation before such a “list” device can be used. However, in Ohio, only the consent of a party is required. However, there are other legal issues that a school district should consider when faced with a request to use AngelSense (or a similar device).
For example, there are many laws that protect students from discrimination, especially a child with a disability. These include the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973. Schools must be careful not to deny a child with a disability any service or privilege that other students can access. With that in mind, if an AngelSense application is made, a school may approve or reject the application in accordance with county policies. It is important to consider relevant policies (such as those of recording/transmitting information), as well as the capabilities of other electronic devices such as smartphones (remember that these also have annoying features like GPS and recording) that students without disabilities use at school. Next, make sure that the school`s response to the request is applied consistently and in accordance with these guidelines. Parents are advised to use the device in accordance with their state law. The school team, which includes the building-level administration, the special education department and traffic managers, should try to work cooperatively with parents to ensure proper use of the GPS device in the school. These discussions should be part of the discussions of the IEP or 504 team.
In addition, the team should consider entering into a user agreement between the school district and the parents/guardians. Lawyer specialized in education and labor law. This is not the first time a court has considered this issue. In 2018, the First Circuit Court of Appeals (which is responsible for Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) considered a lawsuit from parents of autistic high school students who had very limited communication skills. Pollack and Quirion v. Reg. Sch. Unit 75, 69 IDELR 271 (D. Me. 2017), aff`d, 118 LRP 11675 (1st Cir. 2018). As in the case of Nevada, parents asked the student to wear a recording device to school so that they could learn more about their day and more easily determine if they had experienced abuse or abuse.
The district refused, noting that the student was progressing without the device and that the student`s IEP already required a daily communication protocol with the parents. The school also argued that this would be troubling. If voice functions are an issue, you or the school tutor can disable the 1-way and/or 2-way hands-free kit during school hours. It automatically turns off and on again at the beginning of the school day when school is over, so you can access the feature while you`re on the school bus before and after school.