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My son is special needs and attends public school I suspect abuse can I send a tape recorder in his book bag to listen

Martin, KY |

My son can't speak he has aproxia he's four yrs old the teachers r not certified. They call at least once a week he only attends school four days and send him home cause saying he sick when at home he doesn't and we've taken him to dr several times because of this. He can not communicate how he's treated but were in fear he's treated unfairly if not being abused is it legal for us to put a tape recording in his bag and send him to school to observe how he's treated thru out his day. We're located in ky. He's a very sweet boy but needs extra attention to communicate I just want to know he's being taken care of properly by the staff

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Attorney answers 4


It depends on if KY is a one-party or two-party state. Either way, you should contact a local Education Law attorney to help you with this matter. Good Luck!

All of Ms. Riley's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Riley is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


You need to consult with a local attorney regarding whether Kentucky permits one-party or two-party recording. In the majority of states it is not legal to record a person without their knowledge; however, some states permit it. You need to find out what Kentucky permits.
Best of luck.

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In KY, only one party needs to have knowledge about a recording. However, I can't advise whether or not it is enough that you know, in this situation. You may want to contact an attorney in your area, to find out all your rights as a parent and what you may be able to do if you think the school is not providing the services you are eligible for. I'm not sure if the Children's Advocacy Center here in Lexington would be able to assist you in Martin, but it may be worth a call and see if you can schedule a consult with them.

Responses are general in nature and do not create an attorney-client relationship. For specific advice it is advisable you retain legal counsel of your choosing.


Your child is surrounded by legal and constitutional protections provided by state and federal laws and regulations concerning handicapped students. Meet with the school's special education department and express your concerns. If you get no relief there, call for an IEP team meeting to formalize those concerns.

You should speak with a special education attorney. You can use the Find a Lawyer link on this page.

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