Wiretapping - North Carolina - School Board Policy
For some very compelling reasons, we recently sent our son to school with a digital recorder and he was 'caught' with it during a search of his person (searching for a stolen dollar bill; unreasonable search as any child could have had their own dollar bill and no other adult was present during the search?). The school (in Harnett County) is punishing my son under a policy prohibiting the use of 'Wireless Communication Devices'. The device in question is neither wireless nor is it a communication device. Second, NC law allows for one party consent under current wiretapping laws. Third, the school does not allow classroom observation by parents and is very secretive, while also being a Title 1 school. As we understand it, all Title 1 schools must allow parents to observe the classrooms under the No Child Left Behind Act.
We have a meeting with the school Principal and the School Board Superintendent this coming Monday and feel that we have every right to observe our son's classroom (via recorder if necessary) and our son has the right, under NC Wiretap laws, to record all of his own conversations. (Or I do as a parent via vicarious consent.)
We have researched this and have not been able to find whether or not NC State Law supersedes School Board Policy. Other school board policies in NC state that NC and Federal Law supersede any School Board Policy. We couldn't find this specifically for Harnett County, nor could we find it within NC State Law.
Has anyone been through this or have any advice concerning this somewhat delicate situation? Our son could possibly face expulsion or suspension and we believe that the law is on our side in this matter and we just hope there's nothing we're overlooking.
Thank you from very concerned parents!