Allegheny County District Attorney Stephen A. Zappala Jr. said yesterday that he will not prosecute a school bus company that made audiotapes of students on buses without their consent in apparent violation of state law.

Laidlaw Transit Inc., in addition to mounting video cameras on its buses, which is legal, made simultaneous audio recordings.

Mr. Zappala said he discerned no intent on the part of the bus company to violate the state's Wiretapping and Electronic Surveillance Act, which prohibits taping conversations without the parties' consent.

The audiotaping came to light during a state police investigation of a driver's complaints that he was pressured to drive buses that were overcrowded. The equipment was found on buses used to transport students in the McKeesport Area and West Mifflin Area school districts.

Secret audiotaping is a third-degree felony, punishable by up to seven years in prison and a $15,000 fine. After the equipment was found on the buses, state police said the company could face charges for every person on every bus so equipped.

State Rep. Don Walko, D-North Side, who attended the news conference with Mr. Zappala, said he believes there will be a bipartisan effort to amend the state law to allow audiotaping on school buses.

Frederick W. Thieman, legal counsel for Laidlaw, said the company has agreed to cease the audiotaping, pending any action by the Legislature.

State police Maj. Frank Monaco said his department is "comfortable" with Mr. Zappala's decision not to prosecute the bus company.

Some legal experts, while also agreeing with Mr. Zappala's decision not to prosecute, said it would be a mistake to change the wiretap law.

"I don't think that's wise. It's a slippery slope," Duquesne University law professor Joseph Sabino Mistick said.

"The danger of these kinds of proposals is there is some populous appeal. It's very seductive, and it pulls us into some situations where our rights are being eroded."

Attorney Ira Weiss, who serves as solicitor in nine school districts in Allegheny, Beaver, Washington and Westmoreland counties, agreed there is concern involving privacy rights.

"But," he added, "[cameras with audio] provide a useful tool as a deterrent to misbehavior."

Mr. Weiss said cameras are used in the majority of the buses in school districts he represents.

Stuart Knade, chief counsel for the Pennsylvania School Boards Association, said that the using the audio track is an accepted practice in some counties in the state.

"It's a very widely used tool," he said.

Because of the Laidlaw case, he said, "there were school districts all over the state of Pennsylvania temporarily disconnecting the audio track. Nobody wants to have the state police suddenly serve a warrant and seize all their cameras and potentially file felony charges."

Mr. Knade said appellate courts have not addressed the issue specifically for school buses, so the school boards association advises districts to check with their district attorneys.

The PSBA also advises school districts that wish to record to post a notice that conversations will be recorded.

"[An audio track is] often extremely valuable when you do have an incident. When somebody acts out, they tend to do so very loudly," Mr. Knade said.

It's also helpful in determining bullying, he said.

"If you want to be able to address bullying [and harassment], for example, a lot of it has to do with what's being said. It doesn't do a whole lot of good just to have video."

As for Mr. Zappala's decision, Mr. Knade said, "We're pleased to see it turned out this way in Allegheny County. To the extent there are some other places around the state where there is some uncertainty, we hope we can resolve that."