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Autism - Support Across the Spectrum Autism - Support Across the Spectrum

If your child rights have been violated by the school **EDITED**

Posted by on Dec. 11, 2013 at 6:14 AM
  • 33 Replies

And it was confirmed by alawyer, what would you do? I am looking at a situation when my childs rights may have been violated by one of his EH teachers yesterday. The school has no idea if what happened was legal or not and are consulting their lawyers. If it is deemed illegal what can I do. 

The action in question was his EH teacher took out his personal Iphone and recorded my son being defiant in class, this caused a meltdown which in tunr was recorded also on his personal device.

When I was first informed of the incident I was told it was legal due to a paper signed at the start of school giving the school permission to use my sons pics, filming etc in the media and school papers etc.

I then sent off an email recinding the permission effective immediately to the school and superintendents office and contacted the AP to get the recording erased off the teachers Iphone, I was then informed that no one knows the law reguarding this so a lawyer has been contacted.

What can I do, I do not even know if this teacher went hom with that recording still on his Iphone.


EDIT:

The lawyer got back to the school and said that they cannot video just for documentation, but they can for an evaluation that has to be written and detailed and signed by me each and every time before hand. Since theyd not have my permission, she told the AP to personally delete video from his phone. She said she could tell by the video that Jeremiah was actually calm, but just defiant and putting his head on the desk refusing to work (we are in the process of med changes and some of these heavy meds cause drowsiness), once he realized he was being filmed he became angry and threatened to break the phone, after that he melted down trying ot get away from the video. The AP voiced that they would never do something like that again, it was an error in judgement and we are just "moving forward" from here. I also learned that if I give permission for a video evaluation, the device can be any such device that can record, including a personal device, so they will never have my permission unless its in a controlled setting with a recording device that my son obviously cannot see and I am there (not in the same room, but available). Unless my advocate wants to pursue any legal actions, I am dropping the matter, I have plenty of written documentation, since any phone call made by a teacher or staff must follow up with me via email (per a prior agreement) so this just better never happen again.

by on Dec. 11, 2013 at 6:14 AM
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Replies (1-10):
TheJerseyGirl
by Michele on Dec. 11, 2013 at 6:26 AM
4 moms liked this

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?

2and2onway
by on Dec. 11, 2013 at 6:28 AM

They said my son was behaving so "different" that he wanted it documented. I even said had the other teacher stood her IPAD, which is school property up and secretely recorded the issue, I would have been fine. Even a normal student would throw a fit over having a phone in their face being recorded during a rough patch of the day. 

Quoting TheJerseyGirl:

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?


TheJerseyGirl
by Michele on Dec. 11, 2013 at 6:32 AM

 Did the teacher immediately show the school? If he says it was recorded as means to provethat he was acting differently, then that's one thing. And to them delete it from his phone. But no way is he legally able to randomly take pictures or video of your son on his IPhone!

And exactly! What child wants a teacher recorded them or taking pics when they are already upset? This teacher is a jackass,honestly!

Quoting 2and2onway:

They said my son was behaving so "different" that he wanted it documented. I even said had the other teacher stood her IPAD, which is school property up and secretely recorded the issue, I would have been fine. Even a normal student would throw a fit over having a phone in their face being recorded during a rough patch of the day. 

Quoting TheJerseyGirl:

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?


 

2and2onway
by on Dec. 11, 2013 at 6:44 AM

we dont know, according to the other teacher my son freaked out so bad that they only got a small recording and no one has answered me on the answer if it was erased or not, I have asked in all 5 emails sent since then. The thing is there does not need to be any other documentation, even though the school has admitted that this has been Jeremiahs best year yet, they still sent a referal to probation for insubordination and incouragability due to his defiance of school work and verbal threats. We have court on January 6th to determine if probation needs to step in again or if they are going to file a CHINS 6 which states I am being neglectful in his care because we missed 3 therapy (not medical or psych, just therapy) appointments due to my moms failing health and me having to take her to and from the city for her appointments. I think her almost dying trumps his therapy sorry.

Quoting TheJerseyGirl:

 Did the teacher immediately show the school? If he says it was recorded as means to provethat he was acting differently, then that's one thing. And to them delete it from his phone. But no way is he legally able to randomly take pictures or video of your son on his IPhone!

And exactly! What child wants a teacher recorded them or taking pics when they are already upset? This teacher is a jackass,honestly!

Quoting 2and2onway:

They said my son was behaving so "different" that he wanted it documented. I even said had the other teacher stood her IPAD, which is school property up and secretely recorded the issue, I would have been fine. Even a normal student would throw a fit over having a phone in their face being recorded during a rough patch of the day. 

Quoting TheJerseyGirl:

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?


 


TheMommyTaxi
by Member on Dec. 11, 2013 at 6:54 AM

BUMP!

darbyakeep45
by Darby on Dec. 11, 2013 at 7:20 AM

Is his therapy state mandated?  That's the only way they can fault you for not taking him.  What kind of therapy is it?  

I agree with you...your moms health trumps his therapy and I hope they can see that!

Quoting 2and2onway:

we dont know, according to the other teacher my son freaked out so bad that they only got a small recording and no one has answered me on the answer if it was erased or not, I have asked in all 5 emails sent since then. The thing is theIre does not need to be any other documentation, even though the school has admitted that this has been Jeremiahs best year yet, they still sent a referal to probation for insubordination and incouragability due to his defiance of school work and verbal threats. We have court on January 6th to determine if probation needs to step in again or if they are going to file a CHINS 6 which states I am being neglectful in his care because we missed 3 therapy (not medical or psych, just therapy) appointments due to my moms failing health and me having to take her to and from the city for her appointments. I think her almost dying trumps his therapy sorry.

Quoting TheJerseyGirl:

 Did the teacher immediately show the school? If he says it was recorded as means to provethat he was acting differently, then that's one thing. And to them delete it from his phone. But no way is he legally able to randomly take pictures or video of your son on his IPhone!

And exactly! What child wants a teacher recorded them or taking pics when they are already upset? This teacher is a jackass,honestly!

Quoting 2and2onway:

They said my son was behaving so "different" that he wanted it documented. I even said had the other teacher stood her IPAD, which is school property up and secretely recorded the issue, I would have been fine. Even a normal student would throw a fit over having a phone in their face being recorded during a rough patch of the day. 

Quoting TheJerseyGirl:

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?


 



darbyakeep45
by Darby on Dec. 11, 2013 at 7:20 AM

Hugs mama!  I would be livid if my son's teacher did that...not allowed and totally illegal!  

Rhodin
by Member on Dec. 11, 2013 at 7:47 AM

I wouldn't sue if they let me call a meeting with the teacher, that teacher's boss, and the principal.  Then, at the meeting, I would be allowed to look through  his phone and make sure the recording was deleted and that it wasn't forwarded in any way.  If he complains about his right to privacy, etc., Then I'd remind him that he violated your son's same right by recording him with a device that can post to YouTube.  If he refused to let me see, then we'd go right back to suing and then his whole text history could become a matter of public record.

2and2onway
by on Dec. 11, 2013 at 7:48 AM

Not yet, but since the school is filing for probation to get involved, they are trying to get it court mandated. The funny thing is I have had my son in counseling since he was 18mos old when we knew something was wrong, I fought for his diagnosis. In the end he has so many issues. He has Aspergers, ADHD, SPD, ODD, Bipolar and Scizophrenia, he is medicated for them all basically. The appointments missed were just regular counseling sessions, we have never missed a Psych appointment, he is on too many medications.

Quoting darbyakeep45:

Is his therapy state mandated?  That's the only way they can fault you for not taking him.  What kind of therapy is it?  

I agree with you...your moms health trumps his therapy and I hope they can see that!

Quoting 2and2onway:

we dont know, according to the other teacher my son freaked out so bad that they only got a small recording and no one has answered me on the answer if it was erased or not, I have asked in all 5 emails sent since then. The thing is theIre does not need to be any other documentation, even though the school has admitted that this has been Jeremiahs best year yet, they still sent a referal to probation for insubordination and incouragability due to his defiance of school work and verbal threats. We have court on January 6th to determine if probation needs to step in again or if they are going to file a CHINS 6 which states I am being neglectful in his care because we missed 3 therapy (not medical or psych, just therapy) appointments due to my moms failing health and me having to take her to and from the city for her appointments. I think her almost dying trumps his therapy sorry.

Quoting TheJerseyGirl:

 Did the teacher immediately show the school? If he says it was recorded as means to provethat he was acting differently, then that's one thing. And to them delete it from his phone. But no way is he legally able to randomly take pictures or video of your son on his IPhone!

And exactly! What child wants a teacher recorded them or taking pics when they are already upset? This teacher is a jackass,honestly!

Quoting 2and2onway:

They said my son was behaving so "different" that he wanted it documented. I even said had the other teacher stood her IPAD, which is school property up and secretely recorded the issue, I would have been fine. Even a normal student would throw a fit over having a phone in their face being recorded during a rough patch of the day. 

Quoting TheJerseyGirl:

 It is completely illegal for a teacher to take out a personal IPhone and record or take pictures of your child when it has nothing to do with the school. That paper signed is only for the school's use and property of the school, not the teacher. I would absolutely take some sort of legal action! Let us know what the school decides as far as legal action on this teacher.

Can I tell you how much that would piss me off? That teacher sould have shared it on any social media...does he think it's funny?


 




2and2onway
by on Dec. 11, 2013 at 7:49 AM

Should I put it in formal writing that I would like a meeting to include this teacher and his phone history, do I need to have our educational advocate start that process? How do I go about making sure it never happens again?

Quoting Rhodin:

I wouldn't sue if they let me call a meeting with the teacher, that teacher's boss, and the principal.  Then, at the meeting, I would be allowed to look through  his phone and make sure the recording was deleted and that it wasn't forwarded in any way.  If he complains about his right to privacy, etc., Then I'd remind him that he violated your son's same right by recording him with a device that can post to YouTube.  If he refused to let me see, then we'd go right back to suing and then his whole text history could become a matter of public record.


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